Located within areas of special flood hazard established in §166-4A are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If Subsection A. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §166-8G and H.

C. Prohibit the placement of any mobile homes, except in any existing mobile home park or existing mobile home subdivision.

D. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

All permits issued pursuant to these regulations shall state that the application has been reviewed only in terms of these regulations and that the permit represents neither express nor implied approval of the application under any other state or local law.

Regulated use permits issued by the Planning Board may be revoked by the Planning Board or Construction Official for any violation of these regulations or for violations of any permit conditions. Continuation of a regulated use or activity subsequent to revocation shall be deemed a violation of this chapter.

Uses of land or structures which lawfully existed on or before the effective date of this chapter shall be permitted to remain subject to the following conditions:

A. Routine maintenance and repair of preexisting structures are permitted and do not require a regulated use permit.

B. No preexisting structure shall be expanded or enlarged unless a regulated use permit has been applied for and received.

C. If a preexisting structure is damaged by any means, including floods, to the extent that the cost of reconstruction or repair exceeds 50% of the reproduction cost, such structure shall not be reconstructed unless a regulated use permit has been applied for and received.

D. If a structure is substantially and lawfully under construction on or before the effective date of the regulations, then such structure may be completed without a regulated use permit.

E. No preexisting use shall be changed or modified so as to increase its flood damage potential, unless a regulated use permit has been applied for and received.

F. Sanitary landfills may be considered lawfully preexisting uses and may be permitted to expand vertically if they comply with all other applicable provisions of law but shall not be permitted to expand horizontally.

A. Routine maintenance and repair of a structure for which a regulated use permit has been granted is permitted and shall not require additional regulated use permits. Maintenance and repair shall comply with the terms of the original permit.

B. If a structure for which a regulated use permit has been granted is destroyed to the extent that the cost of reproduction or repair exceeds 50% of the reproduction cost, such structure shall not be reconstructed unless a new regulated use permit has been applied for and received.

Any persons engaging in or causing other persons to engage in a use or activity prohibited by this chapter or engaging in a regulated use or activity without applying for or receiving a regulated use permit, or violating any other provision of this chapter, shall be subject, upon conviction of each and every violation, to a penalty as provided in Chapter 1, Article II, General Penalty. Each and every day that such violation continues after written notification thereof shall be considered a separate and specific violation of this chapter.

Any person who considers himself aggrieved by any decision, action or nonaction of the Planning Board may pursue an appeal subject to the following provisions.

A. Flood hazard area. Where the subject property is located within a delineated flood hazard area, floodplain, channel or unmapped floodplain, an applicant who considers himself aggrieved by the decision of the Planning Board may apply within 30 days of the date the decision was rendered to the Township Committee for a plenary hearing.

(1) The Township Committee shall set the date for the hearing no later than 45 days after receipt for the request.

(2) The applicant shall be notified as to the hearing date at least 14 days prior to its being held.

(3) At the hearing, the aggrieved party has the burden of proof, which shall be a mere preponderance of the evidence. The aggrieved party and all interested parties shall have the right to offer evidence and call and cross-examine witnesses.

(4) The Township Committee may affirm, reverse or modify the decision of the Planning Board according to the standards previously set forth in this chapter and shall notify the applicant in writing of its decision on the appeal within 14 days of the date of its hearing, which notice shall set forth the specific reasons for the decision.

B. Application of appeal. Application of appeal under Subsection A herein shall be in writing and shall include:

(1) A copy of the decision;

(2) Wherein said decision aggrieves such persons;

(3) Which findings of fact (including omissions) are challenged; and

(4) Which conclusions of law (including those not articulated) are challenged.

C. Cost of plenary hearing. The costs of a plenary hearing are to be borne by the applicant, and a reasonable amount in bond may be required to be posted for the same.