This Part 7 shall be known, designated and cited as the "Flood Damage Prevention Ordinance of the Township of Boonton."

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et sec., delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Boonton, in the County of Morris and State of New Jersey, does ordain as follows.

A. The flood hazard areas of the Township of Boonton are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

A. It is the purpose of this Part 7 to promote the public health and general welfare and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard;

(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) Ensure that potential buyers are notified that the property is in an area of special flood hazard; and

(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B. It is further stated that the purpose and intent of this Part 7 is also to preserve and perpetuate in an open and natural state certain lakes, water areas and watercourses, hereinafter described as "water resource conservation areas," because their unique physical features are deemed desirable and functional as natural habitat for plant and animal life, green space and other uses beneficial to the health, safety and welfare of the community.

C.The regulations of this Part 7 are designed not only to preserve certain natural features as above stated but also to protect the Township from costs incurred in compensation for problems created by unsuitable development. Erosion control, flood control, control of defoliation and protection of aquifer-recharge areas are all legitimate concerns affecting the health and safety of the citizens of the Township of Boonton and, as such, subject to control under this Part 7.

D. The areas herein described as "water resource conservation areas" contain valuable environmental qualities which are best retained in substantially an undeveloped state in order to conserve the municipality's natural resources, preserve the amenities of its environment, prevent the overcrowding of land, avoid undue concentration of population and alleviate severe flooding problems.

In order to accomplish its purposes, this Part 7 includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters;

D. Controlling filling, grading, dredging and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Terms used in this Part 7 are defined in Article II.

This Part 7 shall apply to all flood insurance zones and all water resource conservation areas as herein defined within the jurisdiction of the Township of Boonton.

A. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Township of Boonton," dated April 17, 1985, with accompanying Flood Insurance Rate Maps and Flood Boundary -- Floodway Maps, is hereby adopted by reference and declared to be part of this Part 7. The Flood Insurance Study is on file in the Boonton Township Clerk's office.

B. In addition, the following lakes, waterways and watercourses situated within the boundaries of the Township of Boonton and delineated on the Zoning Map of the Township of Boonton are hereby specifically designated as water resource conservation areas:

(1) Rockaway River.

(2) Beaver Brook.

(3) Deer Lake Pond.

(4) Koehler's Pond.

(5) Dixon's Pond.

(6) All other unnamed streams and bodies of water shown on the flood maps or that may exist or come to exist in the Township and are identifiable from the Tax Map or from aerial photos and Morris County Soils Map.

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Part 7, this chapter and all other applicable ordinances and regulations of the Township of Boonton.

This Part 7 is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Part 7 and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

In the interpretation and application of this Part 7, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

The degree of flood protection required by this Part 7 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Part 7 does not create liability on the part of the Township of Boonton or by any officer or employee thereof for any flood damages that result from reliance on this Part 7 or any administrative decision lawfully made thereunder.