Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 10-25-1982 by Ord. No. 278. Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of occupancy — See Ch. 82.
Uniform construction codes — See Ch. 88.
Land use — See Ch. 150.

§ 123-1 Statutory authority.

Pursuant to N.J.S.A. 40:55D-1 et seq., the Legislature of the State of New Jersey has granted to municipalities the right to adopt ordinances and regulations for the purpose of guiding the appropriate use or development of lands so as to promote the public health, safety and general welfare. Pursuant to this statutory authorization, the governing body of the Borough of Buena has determined to adopt this chapter in an effort to prevent flood damage in the Borough of Buena.

§ 123-2 Purpose.

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, and streets and bridges located in areas of special flood hazards.
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.

§ 123-3 Methods of reducing flood losses.

In order to accomplish the purposes above set forth, 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 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.
E. 
Preventing or regulating the construction of flood barriers which unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 123-4 Definitions and word usage.

A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the Borough of Buena subject to a one-percent 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.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
[Added 4-13-1987 by Ord. No. 333]
BREAKAWAY 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 elevated portion of the building or supporting foundation system.
[Added 4-13-1987 by Ord. No. 333]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a 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 pilings, columns (posts and piers) or sheer walls parallel to the flow of the water and adequately anchored so 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 elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
[Added 4-13-1987 by Ord. No. 333]
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
LOWEST FLOOR
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.
[Amended 4-13-1987 by Ord. No. 333]
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 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 and other similar vehicles.
[Added 4-13-1987 by Ord. No. 333]
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) or land divided into two or more manufactured home lots for rent or sale.
[Added 4-13-1987 by Ord. No. 333]
[Repealed 4-13-1987 by Ord. No. 333]
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act [P.L. 97-348], includes substantial improvement and means the date the building permit was issued, provided that 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 footings, 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 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 part of the main structure.
[Added 4-13-1987 by Ord. No. 333]
STRUCTURE
A walled and roofed building, a mobile home or a gas or liquid storage tank 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 the 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 that alteration affects the external dimensions of the structure. This term does not, however, include either:
(1) 
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
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of History Places.

§ 123-5 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Buena.

§ 123-6 Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM) No. 340004A, dated June 4, 1976, and any revision thereto, is adopted by reference and declared to be a part of this chapter. The FHBM is on file in the office of the Borough Clerk, Borough of Buena Municipal Building, Central Avenue, Minotola, New Jersey.

§ 123-7 Violations and penalties. [1]

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and any other applicable state, federal or local regulation. A violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with such conditions) shall subject the person found guilty of such violation in the Municipal Court of the Borough of Buena, or any other court of competent jurisdiction, to a fine not to exceed $500 or imprisonment for not more than 90 days, or both, for each violation and, in addition, to costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Buena from taking such other lawful action as is necessary to prevent or remedy any violation.
[1]:
Editor's Note: Ordinance No. 548, adopted 4-9-2007, provided as follows: "All penalty provisions of existing ordinances of the Borough of Buena are hereby repealed and superseded by these provisions, except that any provisions of any existing ordinance that imposes a mandatory minimum fine or other mandatory minimum penalty shall remain in full force and effect." See now Chapter 1, General Provisions, Article III, Enforcement.

§ 123-8 Abrogation and greater restrictions.

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

§ 123-9 Disclaimer of liability.

While this chapter is being adopted for regulatory purposes and is based on scientific and engineering considerations, it does not imply that land areas 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 Borough of Buena, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance upon this chapter or any administrative decision lawfully made thereunder.

§ 123-10 Development permits; application; required information.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 123-6. Application for a development permit shall be made on forms furnished by the Borough Engineer, or such other person designated by the Mayor to furnish such forms, 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 and 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 § 123-14B.
D. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 123-11 Administrative officer.

[Amended 3-9-1987 by Ord. No. 330]
The Engineer of the Borough of Buena is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. However, the Council of the Borough of Buena may, by adoption of appropriate resolution, designate the Construction Code Official, Zoning Officer or such other person as it may deem appropriate to administer this chapter.

§ 123-12 Duties and responsibilities of administrative officer.

The duties of the Engineer or other person designated to administer this chapter shall include, but not be limited to:
A. 
Permit review to determine that the permit requirements of this chapter have been satisfied, that all necessary federal, state and local approvals have been obtained and to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. If it is determined that there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be a condition of the permit.
B. 
When base flood elevation and floodway data has not been provided in accordance with § 123-6 of this chapter, entitled "Basis for establishing areas of special flood hazard," the Engineer 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 § 123-14 of this chapter, entitled "Specific standards for construction in areas of special flood hazard," for both residential and nonresidential construction.
[Amended 4-13-1987 by Ord. No. 333]
C. 
The Engineer or other administrator shall obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable 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, the administrator shall obtain and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed, maintain the floodproofing certifications required under § 123-10C of this chapter, and maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Where a watercourse is to be altered, the Engineer or other administrator shall notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. Additionally, the administrator shall require maintenance within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
E. 
The administrator shall be authorized to interpret, where needed, the exact location of boundaries of the areas of special flood hazards as shown on the FHBM.

§ 123-13 General standards for construction in areas of special flood hazard.

In all areas of special flood hazards, the following standards are 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 and frame ties to ground anchorage. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements shall be that:
[Amended 4-13-1987 by Ord. No. 333]
(a) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side.
(b) 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.
(c) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(d) 
Any additions to the mobile home be similarly anchored.
(e) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
[Added by Ord. No. 333]
B. 
Construction materials and methods.
[Amended 4-13-1987 by Ord. No. 333]
(1) 
All new construction and substantial improvements shall be elevated on piling or columns so that the bottom of the lowest horizontal structural member of the lowest floor, excluding the piling or columns, is elevated to or above the base flood level, with all space below the lowest floors supporting member open so as not to impede the flow of water, except for breakaway walls as provided for herein.
(2) 
Structural support.
(a) 
All new construction and substantial improvements shall be securely anchored on piling or columns.
(b) 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
(c) 
There shall be no fill used for structural support.
(3) 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with this chapter and the requirements of the National Flood Insurance Program.
(4) 
Space below the lowest floor.
(a) 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this chapter shall not enclose the space below the lowest floor unless breakaway walls, open wood latticework or insect screening are used as provided for in this section.
(b) 
Breakaway walls, open wood latticework or insect screening shall be allowed below the base flood elevation, provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 and not more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
[1] 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood.
[2] 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural).
[3] 
If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access or storage and not for human habitation.
[4] 
Prior to construction, plans for any breakaway wall must be submitted to the Engineer for approval.
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 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 to avoid impairment to them or contamination from them during flooding.
(4) 
Electrical, heating, ventilation, plumbing and airconditioning 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.
[Added 4-13-1987 by Ord. No. 333]
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 subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
E. 
Encroachments. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the area of special flood hazard as set forth in § 123-12A of this chapter, dealing with permit review.
F. 
Enclosure openings. 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:
[Added 4-13-1987 by Ord. No. 333]
(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.

§ 123-14 Specific standards for construction in areas of special flood hazard.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 123-12B of this chapter, the following standards are required:
A. 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to 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 to or 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.
(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 § 123-12C of this chapter.
[Amended 4-13-1987 by Ord. No. 333]

§ 123-15 Pinelands Area provisions.

[Added 9-18-1989 by Ord. No. 369]
A. 
Application procedures. In addition to the permit application procedures set forth in § 123-10, the procedures set forth in § 234-58 or 234-59 for the Pinelands Area shall be followed.
B. 
Review procedures. In addition to the review procedures set forth in § 123-12, the procedures set forth in §§ 234-61 through 234-64 for the Pinelands Area shall be followed.
C. 
Development standards. In addition to the standards set forth in §§ 123-13 and 123-14, all development within the Pinelands Area shall also adhere to the standards set forth in Chapter 234, Article VII.