A. Permit application for a regulated use within the floodplain shall be made to the Planning Board in conjunction with a site plan or subdivision application.
B. An application for a floodplain permit shall be made on forms provided by the municipality. The application shall contain at least the following information:
(1) Elevation, in relation to mean sea level, NGVD of the lowest floor (including basement) of all structures;
(2) Elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed;
(3) Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(5) A map of the premises indicating the nature, dimensions and location of the proposed activity or land use;
(6) If any applicant seeks to excavate, fill or modify the natural features within the areas prescribed by this chapter, such map shall also show such existing contour lines and proposed contour grades resulting from such operation;
(7) The application shall also indicate the starting date and expected completion date of the project; and
(8) The reason the use cannot be constructed totally outside of the floodplain.
C. The application shall be referred to the Environmental Commission and Planning Board Engineer for review and comment in the same manner as the subdivision and site plan are referred. The application for the floodplain permit shall be heard by the Planning Board at the same time as it hears the application for site plan or subdivision approval. The decision on the floodplain application shall be made at the same time as the Planning Board or Board of Adjustment decides the site plan or subdivision application.
The application shall be accompanied by an application fee payable as follows:
A. For a single-family home on a single lot: $50.
B. For a subdivision: $50 per affected lot (including proposed or existing lots), with a minimum of $100.
C. For a site plan: $100 per 0.1 acre, or part thereof, of floodplain affected.
A. A floodplain permit shall be issued by the Planning Board of the Township of Howell, if the applicant demonstrates no significant adverse impact on downstream flooding, no danger to humans from flooding on-site, and no significant adverse environmental impact on the ability of wildlife to move along stream corridors and on the water quality of streams within Howell Township. In addition, the following criteria must be met:
(1) The first floor of all habitable areas must be one foot above the one-hundred-year-flood elevation;
(2) The applicant must comply with all BOCA floodproofing and construction criteria;
(3) The developer must use best management practices to control the quantity and quality of stormwater runoff, such as on-site stormwater retention, detention and recharge basins, grass and stone swale, porous pipe, grease and sediment traps, open bottom catch basins, etc.;
(4) For all applications adjacent to streams having greater than 50 acres of upstream drainage area, there must be sufficient unpaved area within the floodplain along each side of the stream channel for a wildlife corridor of 50 feet, unless an applicant can show that a lesser distance is sufficient to protect wildlife corridors; and
(5) The applicant must be able to demonstrate that all criteria of the New Jersey Department of Environmental Protection are being adhered to, including a limitation on no more than 20% net fill. The issuance of a stream encroachment permit by the Department of Environmental Protection shall be considered by the Planning Board.
B. Where appropriate, the Planning Board may require mitigation for any adverse impact that the Planning Board determines will have a greater than minimal impact to the floodplain.
A. If any applications do not meet the criteria as specified in §154-9, the Planning Board may give relief and shall consider the following:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) A necessity in the facility of a waterfront location, where applicable;
(5) The compatibility of the proposed use with existing and anticipated development;
(6) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
(7) The safety of access to the property by ordinary and emergency vehicles in times of flooding;
(8) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site;
(9) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
B. The Planning Board may attach such conditions to the granting of variances from the floodplain ordinances it deems necessary to further the purposes of the chapter.
C. A variance shall only be issued upon showing a good and sufficient cause, a determination that a failure to grant a variance may result in exceptional hardships to the applicant and the determination of the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with the purposes of this chapter or existing local ordinances.
Situations which threaten the public health, safety and welfare and require emergency work will be considered by the Township Engineer under the following procedure:
A. Inform the Township Engineer by telephone as to the extent of work to be performed, the reason for the emergency and the location of the project.
B. Perform the emergency work upon verbal approval of the Township Engineer, which approval shall be verified by the Township Engineer in writing within three working days. The Township Engineer or one of the staff engineers shall offer guidance and instructions in performing the work.
C. After the work has been completed in accordance with the Township Engineer's instructions, a floodplain application with appropriate fees and as-built drawings shall be submitted to the Township Engineer for review. A letter shall then be issued by the Township Engineer in lieu of a floodplain permit.
A.floodplain permit shall have the same duration as a Planning Board site plan or subdivision approval with the same extensions allowed upon application.
A. Trees, shrubs, grasses, and other vegetation shall not be disturbed except where necessary for the conduct of the project. Where possible, trees shall be left standing. Brush and stumps shall not be removed except for the purpose of landscaping. Construction shall be performed from one stream bank where possible, leaving vegetation on the opposite bank. Where there is a practical choice, access roads to work sites shall not be constructed along shoreline routes.
B. Vegetative waste from construction shall not be disposed of in the floodway or within the encroachment lines. This prohibition shall not apply to vegetative mulches applied for soil corrosion and sediment control. However, waste mulch not serving to control erosion or sediment shall not be disposed of in channels or on waterway banks.
A. No off-stream detention or retention basin is to be located in the floodway or within the encroachment lines.
B. Persons seeking to develop any on-stream retention and detention basins for stormwater management within the floodway or within encroachment lines must obtain a stream encroachment permit from the Department of Environmental Protection and must construct such basins in accordance with criteria of the State Storm Water Management Regulations (N.J.A.C. 7:8).
A. Channelization of existing streams and stream relocation are discouraged except when necessary to control existing flooding problems or where carefully planned to restore or improve environmental values.
B. If any change in stream bed grade or cross section is made, the channel shall be stabilized where the change takes place in such a manner that no erosion will occur at either high or low flows. In addition, care must be taken to ensure that if a change in slope causes a hydraulic jump to occur just downstream of the constructed area, proper channel protection is provided.
A. Underground utility crossings include, but are not limited to, electric cables, telephone cables, sanitary sewer lines, water lines, gas mains, petroleum pipes and other pipes carrying various types of materials.
B. Basic criteria for underground utility crossings:
(1) Vertical clearance. In general, the top of pipe or encasement shall be at least three feet below the stream bed. In special circumstances, such as hard rock bottoms, this may be varied with the approval of the Department of Environmental Protection.
(2) Encasement. Sanitary sewer, petroleum product and gas lines shall be encased in six inches of concrete or a larger steel pipe for protection. The encasement requirement may be waived if a minimum of four feet of cover is maintained for as long as the crossing is in use.
(3) Horizontal clearance. The crossing should be horizontal under the stream, and the pipe or encasement should extend a minimum of 10 feet beyond the top of banks. This may also be varied in special circumstances by the Department of Environmental Protection.
(4) Slopes. The inclined leg of the crossing should not be steeper than a ratio of one vertical to two horizontal unless a special justification is shown.
(5) Manholes. If manholes are to be located in the floodway or within the encroachment lines, the top of the manhole shall be flush with the ground, shall have a watertight manhole cover, and shall be coated with a nonporous material, inside and out.
(6) Cables. For large or tidal channels, a cable should be laid with slack so as to be readily movable.
(7) Trenches. The width of trenches for installation of underground utilities shall be limited to the minimum necessary to permit installation.
A. Cables or pipes may be attached to a bridge above the lowest member crossing the stream. However, if it is on the outside of the structure, it is preferable that the crossing be located on the downstream face of the structure.
B. Cables or pipes will generally not be approved if they are to be located within a culvert or bridge opening. However, special consideration will be given if no other alternative exists.
C. Aerial crossings should be at least one foot above the one-hundred-year-flood elevation and shall be protected to prevent damage. Such applications will be treated on a case-by-case basis.
D. Electric and telephone aerial crossing above a waterway shall not require a floodplain permit.
(1) However, if the towers are to be located in the floodway or within encroachment lines, it will be necessary for the Planning Board to review the plans for the towers.
(2) Poles for the support of aboveground utilities shall be adequately anchored to withstand floor flow forces and erosion.
A. All structures to be placed or construction to be undertaken in the floodway or within the encroachment lines shall be stable.
B. Particular attention shall be paid to ability to resist soil and frost pressures, and footings, if required, shall be placed well down so as not to be undermined by streambed degradation. For any wall or structure extending vertically four feet or more above the streambed, a stability analysis by a licensed professional engineer will be required.
The following fish passage requirements apply to channel modifications at bridges, culverts (including upstream and downstream transition zones), to channelization projects, to stream cleaning projects, and to other channel modifications (excluding dams):
A. Any new or modified channel of a perennial stream shall, where practicable, as determined by the Department of Environmental Protection or delegated agency, be designed and constructed in such a manner so that, during low flow conditions, the water depth is at least as deep as in the existing channel or 10 inches deep, whichever is less.
B. Exceptions to the requirement in Subsection A above shall not be granted by the Planning Board, but can only be granted by the Department of Environmental Protection.
Note: To be used when flood hazard areas, floodways and/or special flood hazard areas have not been established by an appropriate governmental unit.
A. Hydrology rules are: Methods that are acceptable are those outlined in "Technical Manual For Stream Encroachment," August 1984, Section 3.1 published by the State of New Jersey, Division of Coastal Resources, Bureau of Flood Plain Management, or as amended.
B. Hydraulics rules are:
(1) Water surface profiles shall be computed using the Step-Backwater method of analysis;
(2) Computations shall begin at a suitable control point at least 500 feet downstream from a project;
(3) Normal depth computed using Manning equation may be used as the starting elevation if the channel is of uniform cross section and slope, and it can be demonstrated that flow is not affected by backwater caused by downstream obstructions;
(4) Water surface profiles shall be computed based upon existing topography, proposed structures, and changes of topography proposed by the applicant for approval by the Committee; and
(5) Encroachment lines shall be set at or outside the floodway.
C. Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
