In all areas of special flood hazard, the following
standards are required:
A.
Anchoring. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure. Plans of the proposed method of anchoring shall
be submitted to the Construction Official of the Township of Montville
and shall be prepared by a licensed professional engineer or a registered
architect.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage 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 and
constructed to avoid impairment to them or contamination from them
during flooding.
(4)
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.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for all
subdivision proposals and other proposed development.
E.
The applicant shall prepare and submit a drainage report prepared by a licensed professional engineer, which shall, in accordance with § 200-4, establish the limits of the flood hazard areas by a metes and bounds description.
F.
For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that 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 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 coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 200-4, Basis for establishing areas of special flood hazard, the following standards are required:
A.
Residential construction. New construction or substantial
improvement of any existing residential structure shall have the lowest
floor (including basement) elevated to one foot above the base flood
elevation.
B.
Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated one foot above the base flood elevation or, together with
attendant utility and sanitary facilities, shall:
(1)
Be floodproofed so that below the base flood level
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 § 200-13.
Located within areas of special flood hazard established in § 200-4 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, all the rules and regulations adopted by the New Jersey Department of Environmental Protection for the floodway shall apply.
A.
Any person who violates a provision of this chapter
or a rule or regulation adopted pursuant to this chapter shall be
subject to a penalty of not more than $2,500 for each offense, to
be collected by the municipality in a summary proceeding under the
Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.) and in any court
of competent jurisdiction wherein injunctive relief has been requested.
The Superior Court, County Court and County District Court shall have
jurisdiction to enforce said Penalty Enforcement Law. If the violation
is of a continuing nature, each day which it continues shall constitute
an additional, separate and distinct offense. Nothing herein contained
shall prevent the Township of Montville from taking such other lawful
action as is necessary to prevent or remedy any violation, including
the legal action to compel the removal of any such violations.
B.
If any person violates any of the provisions of this
act or any rule or regulation promulgated pursuant to the provisions
of this act, the Township of Montville may institute an action in
a court of competent jurisdiction for injunctive relief to prohibit
and prevent such violation or violations, and the said court may proceed
in the action in a summary matter.
