Township of Knowlton, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Knowlton by Ord. No. 82-10 (Ch. XV of the Revised General Ordinances). Amendments noted where applicable.]

§ 105-1 Statutory authorization.

The Legislature of the State of New Jersey has in the New Jersey Statutes 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 Knowlton Township, New Jersey, does ordain as follows.

§ 105-2 Findings of fact.

A. 
The flood hazard areas of Knowlton Township are subject to periodic inundation which results in loss of life, 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, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.
[Amended 9-12-2011 by Ord. No. 11-11]

§ 105-3 Statement of 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, streets and bridges, located in areas of special flood hazard.
[Amended 9-12-2011 by Ord. No. 11-11]
F. 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard in such a manner as to minimize future flood-blight areas.
[Amended 9-12-2011 by Ord. No. 11-11]
G. 
Ensure that potential home buyers are notified that property is in an area of special flood hazard.
[Amended 9-12-2011 by Ord. No. 11-11]
H. 
Ensure that those who occupy areas of special flood hazard assume responsibility for their actions.
[Added 9-12-2011 by Ord. No. 11-11]

§ 105-4 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter uses the following methods:
A. 
Restrict or prohibit 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.
[Amended 9-12-2011 by Ord. No. 11-11]
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. 
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. 
Control filling, grading, dredging and other development which may increase flood damage.
E. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

§ 105-5 Definitions.

[Amended by Ord. No. 87-7]
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:
APPEAL
A request for a review of the Township Engineer's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO 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 9-12-2011 by Ord. No. 11-11]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community 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.
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.
DEVELOPMENT
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, or storage of equipment or materials located within the area of special flood hazard.
[Amended 9-12-2011 by Ord. No. 11-11]
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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 9-12-2011 by Ord. No. 11-11]
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 elevated above the ground level 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 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.
[Amended 9-12-2011 by Ord. No. 11-11]
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 community.
FLOOD INSURANCE STUDY (FIS)
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 9-12-2011 by Ord. No. 11-11]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
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 9-12-2011 by Ord. No. 11-11]
FLOODWAY
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 elevation more than 0.2 foot.
[Amended 9-12-2011 by Ord. No. 11-11]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 9-12-2011 by Ord. No. 11-11]
HISTORIC STRUCTURE
Any structure that is:
[Added 9-12-2011 by Ord. No. 11-11]
A. 
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;
B. 
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;
C. 
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
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs.
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.
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. The term "manufactured home" does not include a "recreational vehicle."
[Amended 9-12-2011 by Ord. No. 11-11]
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 and includes any subsequent improvements to such structures.
[Amended 9-12-2011 by Ord. No. 11-11]
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this chapter.
[Amended 9-12-2011 by Ord. No. 11-11]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 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 a temporary living quarters for recreational, camping, travel, or seasonal use.
[Added 9-12-2011 by Ord. No. 11-11]
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. 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 9-12-2011 by Ord. No. 11-11]
STRUCTURE
A walled and roofed building, as well as a manufactured home, or a gas or liquid storage tank, that is principally aboveground.
[Amended 9-12-2011 by Ord. No. 11-11]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 9-12-2011 by Ord. No. 11-11]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which 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 9-12-2011 by Ord. No. 11-11]
A. 
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 solely necessary to assure safe living conditions; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
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.

§ 105-6 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Knowlton Township.

§ 105-7 Basis for establishing areas of special flood hazard.

[Amended 9-12-2011 by Ord. No. 11-11]
A. 
The areas of special flood hazard for the Township of Knowlton, Community No. 340488, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report "Flood Insurance Study, Warren County, New Jersey (All Jurisdictions)," dated September 29, 2011;
(2) 
Flood Insurance Rate Map for Warren County, New Jersey (All Jurisdictions), as shown on Index and Panel Nos. 34041C0101E, 34041C0102E, 34041C0103E, 34041C0104E, 34041C0106E, 34041C0108E, 34041C0109E, 34041C0111E, 34041C0119E, 34041C0114E, 34041C0116E, 34041C0117E, 34041C0118E, 34041C0119E, 34041C0206E, 34041C0207E; the effective date of which is September 29, 2011.
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 628 Route 94, Columbia, New Jersey.

§ 105-8 Violations and penalties.

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 $500 or imprisoned for not more than 60 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Knowlton Township from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 105-9 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 another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 105-10 Interpretation.

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.

§ 105-11 Warning and disclaimer of liability.

[Amended 9-12-2011 by Ord. No. 11-11]
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 land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Knowlton Township or by any officer or employee thereof, or Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 105-12 Administration.

A. 
Establishment of development permit. A development permit shall be obtained before construction of development begins, including placement of manufactured homes, within any area of special flood hazard established in § 105-7. Application for a development permit shall be made to the Township Engineer on forms furnished by him and may include, but not be limited to, the following 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:
[Amended 9-12-2011 by Ord. No. 11-11]
(1) 
Elevation in relation to mean sea level of the lowest floor (including basement) of all structures.
(2) 
Elevation in relation to mean sea level to which any one structure has been floodproofed.
(3) 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of § 105-13B and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets the criteria of § 105-13B.
(4) 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
B. 
Designation of the Township Engineer. The Township Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
C. 
Duties and responsibilities of the Township Engineer. Duties of the Township Engineer shall include, but not be limited to:
[Amended by Ord. No. 87-4; 9-12-2011 by Ord. No. 11-11]
(1) 
Permit review.
(a) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) 
Review all development permits to require that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c) 
Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of § 105-13C are met.
(2) 
Permit review fee. Applicant for review shall submit a fee of $50, together with the application to cover costs of review of the application. In the event that additional sums are required for review, the Township Engineer shall so advise the applicant.
(3) 
Use of other base flood data. When base flood elevation and floodway data have not been provided in accordance with § 105-7, Basis for establishing areas of special flood hazard, the Township 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 § 105-13B(1), Residential construction, and § 105-13B(2), Nonresidential construction.
(4) 
Information to be obtained and maintained.
(a) 
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.
(b) 
For all new or substantially improved floodproofed structures:
[1] 
Verify and record the actual elevation (in relation to mean sea level); and
[2] 
Maintain the floodproofing certifications required in Subsection A(3).
(c) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(5) 
Alteration of watercourses.
(a) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section, 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.
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(6) 
Interpretation of FIRM boundaries. 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). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection D.
D. 
Variance procedure.
(1) 
Appeal Board.
(a) 
The Township Committee shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b) 
The Township Committee shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Township Engineer in the enforcement or administration of this chapter.
(c) 
Any person aggrieved by the decision of the Township Committee or any taxpayer may appeal such decision to the appropriate court, as provided in New Jersey Statutes.
[Amended 9-12-2011 by Ord. No. 11-11]
(d) 
In passing upon such applications, the Township Committee 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, not subject to flooding or erosion damage, for the proposed use.
[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 for 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 effect of wave actions, if applicable, expected at the site.
[Amended 9-12-2011 by Ord. No. 11-11]
[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 listed above and the purposes of this chapter, the Township Committee may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f) 
The Township Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
[Amended 9-12-2011 by Ord. No. 11-11]
(2) 
Conditions for variances.
(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 items D(1)(d)[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 repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
[Amended 9-12-2011 by Ord. No. 11-11]
(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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection D(1)(d), 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 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.

§ 105-13 Provisions for flood hazard reduction.

[Amended by Ord. No. 87-7]
A. 
General standards. In all areas of special flood hazards, the following provisions are required:
(1) 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) 
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.
(2) 
Construction materials and methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) 
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.
(4) 
Subdivision proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
(e) 
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: 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 coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(5) 
Enclosure openings. 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 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: 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 coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[Added 9-12-2011 by Ord. No. 11-11]
B. 
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 105-7, Basis for establishing areas of special flood hazard, or § 105-12C(3), Use of other base flood data, the following standards are required:
(1) 
Residential construction. New construction or substantial improvement of any residential structure shall:
[Amended 9-12-2011 by Ord. No. 11-11]
(a) 
Have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated one foot above the base flood elevation;
(b) 
Within any AO Zone on the Township's FIRM, all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified); and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(2) 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with attendant utilities and sanitary facilities, either:
[Amended 9-12-2011 by Ord. No. 11-11]
(a) 
Elevated one foot above the base flood elevation; and within any AO Zone on the municipality's DFIRM require that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified); and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
(b) 
Be floodproofed so that below the base flood level plus one foot the structure is watertight with walls substantially impermeable to the passage of water; have structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 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 § 105-12C(4)(b).
(3) 
Manufactured homes.
(a) 
Manufactured homes shall be anchored in accordance with Subsection A(1)(b).
(b) 
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.
C. 
Floodways. Located within areas of special flood hazard established in § 105-7 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:
(1) 
Prohibit encroachments, 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.
(2) 
If Subsection C(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3) 
Prohibit the placement of any manufactured homes, except in an existing manufactured home park or existing manufactured home subdivision.
(4) 
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 foot.
[Amended 9-12-2011 by Ord. No. 11-11]