[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 8-1-1983 as Ord. No. 1983-8 (Ch. XVII of the 1973
Code). Amendments noted where applicable.]
The Legislature of the State of New Jersey has,
in N.J.S.A. 40:48-1 et seq., or any amendments or supplements thereto,
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 Lumberton, in the State of New Jersey, does ordain the following.
A.
The flood hazard areas of the Township of Lumberton
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.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
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.
F.
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.
G.
Ensure that potential buyers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or 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.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
A ZONE
AE ZONE
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD or FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REPETITIVE LOSS
START OF CONSTRUCTION (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act [P.L. No. 97-348])
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall
have the meanings indicated:
Areas subject to inundation by the one-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no base
flood elevations (BFEs) or flood depths are shown. Mandatory flood
insurance purchase requirements and floodplain management standards
apply.
[Added 9-26-2017 by Ord.
No. 2017-011]
Areas subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods. Base flood elevations
(BFEs) are shown. Mandatory flood insurance purchase requirements
and floodplain management standards apply.
[Added 9-26-2017 by Ord.
No. 2017-011]
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone.
[Added 9-26-2017 by Ord.
No. 2017-011]
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet.
[Added 9-26-2017 by Ord.
No. 2017-011]
A request for a review of the Construction Official's interpretation
of any provision of this chapter or a request for a variance.
[Amended 9-26-2017 by Ord. No. 2017-011]
A designated AO or AH Zone on a community's Digital Flood
Insurance Rate Map (DFIRM) with a one-percent annual or greater chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
[Amended 9-26-2017 by Ord. No. 2017-011]
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
[Amended 9-26-2017 by Ord. No. 2017-011]
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 9-26-2017 by Ord. No. 2017-011]
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year.
[Added 9-26-2017 by Ord.
No. 2017-011]
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Amended 3-16-1987 by Ord. No. 1987-5]
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
[Amended 3-16-1987 by Ord. No. 1987-5; 9-26-2017 by Ord. No. 2017-011]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Added 9-26-2017 by Ord.
No. 2017-011]
A nonbasement building i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood up to the
magnitude of the base flood. In an area of special flood hazard, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters.
[Amended 9-26-2017 by Ord. No. 2017-011]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 9-26-2017 by Ord.
No. 2017-011]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
[Amended 9-26-2017 by Ord. No. 2017-011]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 9-26-2017 by Ord.
No. 2017-011]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 9-26-2017 by Ord.
No. 2017-011]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
[Amended 9-26-2017 by Ord. No. 2017-011]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 9-26-2017 by Ord.
No. 2017-011]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 9-26-2017 by Ord.
No. 2017-011]
Any structure that is:
[Added 9-26-2017 by Ord.
No. 2017-011]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 3-16-1987 by Ord. No. 1987-5; 9-26-2017 by Ord. No. 2017-011]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers, recreational vehicles and other similar vehicles.
[Added 3-16-1987 by Ord. No. 1987-5;
amended 9-26-2017 by Ord. No. 2017-011]
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
[Added 3-16-1987 by Ord. No. 1987-5]
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structures.
[Amended 9-26-2017 by Ord. No. 2017-011]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
[Added 9-26-2017 by Ord.
No. 2017-011]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
[Added 9-26-2017 by Ord.
No. 2017-011]
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on the average, equals or exceeds
25% of the market value of the structure before the damage occurred.
[Added 7-10-2007 by Ord. No. 2007-12]
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site such as the pouring of a slab or footings, the installation
of pilings, the construction of columns, or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Amended 3-16-1987 by Ord. No. 1987-5; 9-26-2017 by Ord. No. 2017-011]
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
[Amended 3-16-1987 by Ord. No. 1987-5]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 9-26-2017 by Ord.
No. 2017-011]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 7-10-2007 by Ord. No. 2007-12; 9-26-2017 by Ord. No. 2017-011]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 9-26-2017 by Ord.
No. 2017-011]
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Township of Lumberton.
[Amended 9-26-2017 by Ord. No. 2017-011]
A.
This chapter shall apply to all areas of special flood hazards within
the jurisdiction of the Township of Lumberton, Burlington County,
New Jersey. The areas of special flood hazard for the Township of
Lumberton, Community No. 340100, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report "Flood Insurance Study, Burlington
County, New Jersey (All Jurisdictions)," dated December 21, 2017.
(2)
"Flood Insurance Rate Map for Burlington County, New Jersey (All
Jurisdictions)" as shown on Index and panel(s) 34005C0252F, 34005C0253F,
34005C0254F, 34005C0256F, 34005C0257F, 34005C0258F, 34005C0259F, 34005C0261F,
34005C0262F, 34005C0266F, whose effective date is December 21, 2017.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file at
the Township of Lumberton, 35 Municipal Drive, Lumberton, New Jersey
08048. DFIRM are also available to be downloaded directly from the
FEMA Flood Map Service Center at the following web address: https://msc.fema.gov/portal/search.
[Amended 8-3-1992 by Ord. No 1992-6; 9-26-2017 by Ord. No. 2017-011; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
This chapter is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this chapter and any other ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be:
The degree of flood protection required by this
chapter 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 chapter does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Township of Lumberton, any officer
or employee thereof or the Federal Insurance Administration for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended 9-26-2017 by Ord. No. 2017-011]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 157-7. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.
Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
B.
Elevation in relation to mean sea level to which any structure has
been floodproofed;
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 157-18B; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Duties of the Construction Official shall include
but not be limited to:
A.
Permit review. The Construction Official shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local government agencies from which prior approval is required.
B.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 157-7, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 157-18, Specific standards, Subsection A, residential construction, and Subsection B, Nonresidential construction.
[Amended 3-16-1987 by Ord. No. 1987-5]
C.
Information to be obtained and maintained. The Construction
Official shall:
[Amended 9-26-2017 by Ord. No. 2017-011]
(1)
Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alteration of watercourses. The Construction Official
shall:
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, and the Land Use Regulation Program
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration.
[Amended 9-26-2017 by Ord. No. 2017-011]
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
E.
Substantial damage review.
[Added 9-26-2017 by Ord.
No. 2017-011[1]]
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
[1]
Editor's Note: This ordinance also redesignated former Subsection
E as Subsection F.
F.
Interpretation of FIRM boundaries. The Construction Official shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 157-15.
[Amended 1-20-2004 by Ord. No. 2004-1]
A.
The Land Development Board, as established by the
Township Committee, shall hear and decide appeals and requests for
variances from the requirements of this chapter.
B.
The Land Development Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Construction Official in the enforcement
or administration of this chapter.
C.
Those aggrieved by the decision of the Land Development
Board or any taxpayer may appeal such decision to the Superior Court.
D.
In passing upon such applications, the Land Development
Board shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter and:
(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)
The importance of the services provided by the proposed
facility to the community.
(5)
The necessity to the facility of a waterfront location,
where applicable.
(6)
The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing
and anticipated development.
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program of that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
(11)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical
and water systems and streets and bridges.
E.
Upon consideration of the factors of Subsection D above and the purposes of this chapter, the Land Development Board may attach such condition to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Construction Official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 157-15D(1) through (11) above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
C.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
D.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
E.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public, as identified in § 157-15D, or conflict with existing local laws or ordinances.
F.
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
[Amended 3-16-1987 by Ord. No. 1987-5; 9-26-2017 by Ord. No. 2017-011]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
A.
Anchoring.
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)
All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include but are not to be limited to use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewer systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4)
For all new construction and substantial improvements, the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision proposals. All subdivision proposals and other proposed
new development shall be consistent with the need to minimize flood
damage.
(1)
All subdivision proposals and other proposed new development shall
have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood damage;
(2)
All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
(3)
Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contain at least 50 lots
or five acres (whichever is less).
E.
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria:
(1)
A minimum of two openings in at least two exterior walls of each
enclosed area, having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall
be provided.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, or other covering
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Amended 3-16-1987 by Ord. No. 1987-5; 2-4-1991 by Ord. No.
1991-1; 9-26-2017 by Ord. No. 2017-011]
A.
Residential construction.
(1)
New construction and substantial improvement of any residential structure
located in an A or AE Zone shall have the lowest floor, including
basement, together with the attendant utilities (including all electrical,
heating, ventilating, air-conditioning and other service equipment)
and sanitary facilities, elevated at or above the base flood elevation
plus two feet or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive;
(2)
Require within any AO or AH Zone on the municipality's DFIRM that
all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus two feet above the highest
adjacent grade (at least two feet if no depth number is specified);
and
(3)
Require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
B.
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including basement, together with
the attendant utilities and sanitary facilities, as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either 1) elevated to or above the base flood elevation plus two feet
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and 2) require within any AO or AH Zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus two feet
above the highest adjacent grade (at least two feet if no depth number
is specified); and 3) require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(1)
Be floodproofed so that below the base flood level plus two feet
or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive,
the structure is watertight with walls substantially impermeable to
the passage of water;
(2)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(3)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 157-14C(1).
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with § 157-17A(2).
(2)
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood
damage;
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(e)
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
Located within areas of special flood hazard established in § 157-7 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.
Encroachments are prohibited, 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.
C.
The placement of any manufactured homes is prohibited,
except in an existing manufactured home park or existing home subdivision.
[Amended 3-16-1987 by Ord. No. 1987-5]
D.
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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 foot at any point.
[Added 9-26-2017 by Ord.
No. 2017-011]
[Added 8-19-2014 by Ord.
No. 2014-6-003]
The Township Committee hereby orders that all residents which
need to mitigate properties within the Township floodplain must adhere
to the following criteria when mitigating their properties:
A.
All structures must be two feet above flood elevation as indicated
on the 2010 preliminary flood maps or most recent advisory flood elevation;
whichever is greater in elevation.
B.
All construction must meet state floodplain regulations for the dwelling
and supporting mechanicals.[1]
[1]
Editor’s Note: Former § 157-21, Residences of severe
repetitive loss/substantially damaged, added 8-19-2014 by Ord. No.
2014-6-003, which immediately followed this section, was repealed
9-26-2017 by Ord. No. 2017-011.