§ 15-2METHODS OF REDUCING FLOOD LOSSES.
§ 15-4GENERAL PROVISIONS.
§ 15-4.1Land to which this chapter applies.
§ 15-4.2Basis for establishing the areas of special flood hazard.
§ 15-4.3Penalties for noncompliance.
§ 15-4.4Abrogation and greater restrictions.
§ 15-4.6Warning and disclaimer of liability.
§ 15-6CONSTRUCTION CODE OFFICIAL.
§ 15-6.2Duties and responsibilities.
§ 15-6.3Permit issuance.
§ 15-7VARIANCES AND APPEALS.
§ 15-7.2Standards of variances.
§ 15-7.3Conditions for variances.
§ 15-8STANDARDS FOR FLOOD HAZARD REDUCTION.
§ 15-8.1General standards.
§ 15-8.2Specific standards.
§ 15-9ELEVATION REFERENCE MARKS.
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 designated to:
To protect human life and health;
To minimize expenditure of public money for costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas;
To ensure that potential home buyers are notified that property is in an area of special flood hazard; and
To 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:
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;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
Controlling filling, grading, dredging and other development which may increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
As used in this section:
- A request for a review of the interpretation of any provision of this chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- A designated AO zone on a Community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist; or the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- Any area of the building where its floor subgrade is below level on all sides.
- BREAK AWAY WALL
- 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 elevation portion of the building or supporting foundation system.
- Any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
- ELEVATED BUILDING
- 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 wherein the case of the building in a coastal high hazard area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posted and piers), or shear walls parallel to the flow of the water and (ii) adequate anchoring as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of break away walls.
- FLOOD OR FLOODING
- A general and temporary condition of partial or complete inundation or normally dry land areas from:
- FLOOD INSURANCE RATE MAP (FIRM)
- 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 Township.
- FLOOD INSURANCE STUDY
- The official report provided to the Township in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
- 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 cumulatively increasing the water surface elevations more than 0.2 feet.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building lowest floor provided that such enclosure is not built so to render the structure in violation in other applicable nonelevation design requirements.
- MANUFACTURED HOME
- 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, then connected to the required utilities. For floodplain management purposes the term "manufactured homes" 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 and other similar vehicles.
- MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- NEW CONSTRUCTION
- Structures for which the "start of construction" commenced on or after the effective date of this chapter.
- START OF CONSTRUCTION
- A first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. 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, 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 as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.
- START OF CONSTRUCTION (FOR OTHER THAN NEW CONSTRUCTION OR SUBSTANTIAL IMPROVEMENTS UNDER THE COASTAL BARRIER RESOURCES ACT. (P.L. 97-248))
- Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 footing, the installation of piles, 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 sidewalks, nor does it include excavation for a basement, footing, piers, or foundations or 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.
- A walled and roofed building that is principally above ground.
- SUBSTANTIAL IMPROVEMENT
- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
Before the improvement or repair is started, or
If the structure has been damaged and is being restored, before the damage occurred.
For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
This chapter shall apply to all areas of special flood hazard within the jurisdiction and boundaries of the Township.
The areas of special flood hazard identified by the Federal Insurance Administration as shown in Flood Boundary and Floodway Map and Flood Insurance Rate Map (FIRM) dated November 17, 1982 and the Flood Insurance Study dated May 17, 982 are hereby adopted by reference and declared to be a part of this chapter. The Map and Study are on file at the Township Building, 1011 Cooper Street, Deptford, New Jersey.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the General Penalty established in Section 1-5 of this Code. Nothing herein contained shall prevent the Township from obtaining injunctive relief or, any other relief allowed pursuant to law to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these regulations and other ordinances, easements, covenants or deed restrictions 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 area 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, 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.
The Construction Code Officer, as provided in Section 5-6 hereof, shall be responsible for the administration of this chapter. A development permit shall be obtained before any construction or development begins within any area of special flood hazard. Applications for permit for construction or development within any area of special flood hazard shall be made on forms furnished by the Township, and shall be accompanied by the following:
Five copies of a true and accurate plot plan, drawn to a scale not less than one inch equaling 100 feet, with contour lines at intervals of not more than two feet, showing the exact size, shape, location and elevation of existing and proposed building and structures and any proposed fill or regradings; the exact dimensions and acreage of each lot or plot to be built upon or otherwise used; the location of the floodway and flood hazard area limits; the locations, layout and elevation of existing and proposed parking areas, driveway drainage, sewer and water facilities and connections, plantings, seedings, screenings, fences, signs, streets and curbings, elevation in relation to mean sea level to the lowest floor (including basement) of all structures; and elevations in relation to mean sea level to which any structure has been floodproofed, shall be shown. Such other information as shall be reasonably required for an elevation of the effect of the development under flood control shall be submitted;
Certification by a professional engineer or architect registered in New Jersey that the floodproofing method for any nonresidential structure meet the floodproofing criteria herein established;
Description to the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Construction Code Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
In review of application and plans, the duties of the Construction Code Official shall include, but are not limited to the following:
Review all development permits to determine that the permit requirements of the Township have been satisfied.
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.
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions are met.
When base flood elevation floodway data has not been provided in accordance with subsection 15-4.2, Basis for Establishing the Areas of Special Flood Hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any Federal, State or other source in order to administer specification standards, residential construction and specification standards, and nonresidential construction included in this chapter.
Verify 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.
For all new or substantially improved floodproofed structures verify and record the actual elevation (in relation to mean sea level); and maintain the flood-proofing certifications required herein.
Maintain for public inspection all records pertaining to the provisions of this chapter.
If plans involve the alteration of watercourses, notify adjacent communities and the New Jersey State Department of Environmental Protection prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, and require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
|In cases of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in a proposed development, the Township Engineer may, upon the application and with the consent of the landowner and at the expense of the landowner determine the precise location of a floodway or a flood hazard limit by close inspection, field survey or other appropriate methods and cause the scene to be marked on the ground, notifying the landowner, the New Jersey Department of Environmental Protection, the Construction Code Official, and the Planning Board of the results thereof. The person contesting the location of the boundaries shall be given a reasonable opportunity to appeal the interpretation as provided herein.|
After a review of plans and upon review of any recommendations and comments from the Township Engineer or the Environmental Commission, the Construction Code Official shall:
Approve the application and issue the development permit if all Township, County, State and Federal requirements have been met.
Advise the applicant in writing that the permits can be issued only upon revision of plans to comply with specified requirements.
Advise the applicant in writing that a variance from special specified requirements must be obtained, in accordance with Section 15-7 hereof, or
Disapprove the plans for reasons of noncompliance specified in writing.
The Deptford Township Planning Board as established by the Township shall hear and decide appeals and requests for variances from the requirements of this chapter. The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirements, decision or determination made by the Construction Code Official in the enforcement and administration of this chapter.
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and:
The danger that materials may be swept into other lands to the injury of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternate locations, not subject to flooding or erosion damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate or rise and sediment transport of the flood waters expected at the site; and
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.
|Upon consideration of the above factors and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.|
|The Planning Board shall maintain the records of all appeal actions, including technical information, and report all variances to the Federal Insurance Administration upon request.|
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 items 1 through 11 enumerated in subsection 15-7.2, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
Variances shall not be issued within any designated floodway if the increase in flood levels during the base flood discharge would result in more than 0.2 of a foot.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
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 flood 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.
If any person shall be aggrieved by the action of the Planning Board or the Construction Code Official, an appeal in writing to the Township Council may be taken within 10 days after the date of such final action. The Township Council shall fix and notify the applicant of a time and place for a public hearing on an appeal, and the applicant shall cause notice of such hearing to be published in a newspaper circulating in the Township at least 10 days prior to the hearing. All parties of interest shall be afforded an opportunity to be heard. After such hearing, the Township Council may affirm or reverse the action of the Planning Board or the Construction Code Official and shall state its findings and reasonings for its actions, a written copy of such Council action shall be given to the applicant.
In all areas of special flood hazards the following standards are required:
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not 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.
Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and by methods and practices which minimize flood damage.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Electrical, heating, ventilations, plumbing and air conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.
All subdivision proposals shall be consistent with the need to minimize flood damage;
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 15-4.2 (Basis for Establishing the Areas of Special Flood Hazard) or in subsection 15-6.2d, the following standards are required:
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
Nonresidential construction. New construction or 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, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this paragraph are satisfied. Such certification shall be provided to the Construction Code Official.
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: 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
Located within areas of special flood hazard established in subsection 15-4.2 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:
The prohibition of encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
If paragraph a. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
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.
Mobilehomes except within a mobilehome park or an existing mobilehome subdivision are expressly prohibited.
The reference of bench names for this chapter as shown on the Flood Boundary and Floodway Map, along with Insurance Rate Map, shall be:
|Reference Mark||Elevation in Feet (NGVD)1||Description of Location|
|RM 1||23.08||Chiseled square out in corner of north wall of east abutment on New Jersey Turnpike bridge over Big Timber Creek.|
|RM 2||11.76||PK nail set in top of timber walkway at northeast corner of abutment of Almonesson Road Bridge over South Branch Big Timber Creek.|
|RM 3||18.11||PK nail set in top of north end of timber walkway at northwest corner of north abutment of Lower Landing Road over South Branch Big Timber Creek.|
|1||National Geodetic Vertical Datum of 1929.|