[Amended 2-13-1991 by Ord. No. 91:01]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1 et seq., delegated the responsibility to local governmental
units to adopt regulations designed to promote public health, safety
and general welfare of its citizenry. Therefore, the Mayor and Council
of the Borough of Somerdale does ordain as follows.
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 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, are 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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Borough of Somerdale.
The areas of special flood hazard are identified by the Federal
Insurance Administration in a scientific and engineering report entitled
the "Flood Insurance Study for the Borough of Somerdale," dated August
1978, with accompanying Flood insurance Rate Maps and Flood Boundary
- Floodway Maps, and any revisions thereto, which report and maps
are hereby adopted by reference and declared to be a part of this
chapter. The Flood Insurance Study is on file at the Borough Hall,
105 Kennedy Boulevard, Somerdale, New Jersey 08083.
[Amended 9-12-1990 by Ord. No. 90:09]
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. 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 conditions, shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $1,000 or imprisoned
for not more than 90 days or shall be subject to a period of community
service not to exceed 90 days, or any combination of the foregoing,
for each violation, and, in addition, shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the Borough
of Somerdale from taking such other lawful action as is necessary
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
this chapter 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:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
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 Borough of Somerdale, 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 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 Code Official as administrator under
this chapter shall include but not be limited to:
A. Permit review. The local administrator 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 governmental
agencies from which prior approval is required.
(3) 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 of § 138 — 18A are met.
B. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with §
138-7, Basis for establishing areas of special flood hazard, the Construction Code 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 §
138-17A, Residential construction, and §
138-17B, Nonresidential construction.
[Amended 2-13-1991 by Ord. No. 91:01]
C. Information to be obtained and maintained. The local administrator
shall:
(1) 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.
(2) For all new or substantially improved floodproofed structures:
(a)
Verify and record the actual elevation, in relation to mean
sea level.
(b)
Maintain the floodproofing certifications required in §
138-12B(3).
(3) Maintain for public inspection all records pertaining to the provisions
of this chapter.
D. Alteration of watercourses. The local administrator shall:
(1) Notify adjacent communities and the New Jersey State Department of
Environmental Protection, Division of Water Resources, prior to any
alteration or relocation of a watercourse and submit evidence of such
notification to the Federal Insurance Administration.
(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. Interpretation of FIRM boundaries. The local administrator 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 §
138-15.
In all areas of special flood hazard, 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 or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
[Amended 4-8-1987 by Ord. No. 87:09]
B. Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
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 wastewater disposal systems shall be located 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.
[Added 4-8-1987 by Ord. No. 87:09]
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. Enclosure openings.
[Added 4-8-1987 by Ord. No. 87:09; amended 2-13-1991 by Ord. No.
91:01]
(1) For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than 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.
(2) 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)
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.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers or other covering
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 §
138-7, Basis for establishing areas of special flood hazard, or in §
138-14B, Use of other base flood and floodway data, 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 or above 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 the
level of the base flood elevation or:
[Amended 4-8-1987 by Ord. No. 87:09; 2-13-1991 by Ord. No. 91:01]
(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 of meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in §
138-14C(2).
C. Manufactured homes.
[Amended 4-8-1987 by Ord. No. 87:09; 9-12-1990 by Ord. No. 90:09]
(1) Manufactured homes shall be anchored in accordance with §
138-16A.
(2) 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.
[Amended 9-12-1990 by Ord. No. 90:09; 2-13-1991 by Ord. No. 91:01]
Located within the areas of special flood hazard established in §
138-17 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, including fill, new construction, substantial improvements
and other development shall be prohibited unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B. If Subsection
A is satisfied, all new construction and the substantial improvements shall comply with all applicable flood hazard reduction provisions of §
138-16, General standards for flood hazard reduction, and §
138-17, Specific standards for flood hazard reduction.
C. 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 two-tenths of a foot at any
point.