The Legislature of the State of New Jersey has, in accordance
with N.J.S.A. 40:48-1 et seq., delegated responsibility to local governmental
units to adopt regulations designed to promote public health, safety,
and general welfare of its citizenry.
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:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood-blight areas;
G. To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
areas 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, 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; and
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
Unless specifically defined below, words or phases 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 Borough Engineer's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance
Rate Map with a one-percent or greater chance of flooding to an average
depth of one 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the Borough 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 an area of special
flood hazard.
ELEVATED BUILDING
A nonbasement building: a) 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 b) adequately anchored so as not to impair the structural integrity
of the building during a flood 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.
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; and/or
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
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 provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map and the water surface elevation of the base flood.
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.
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 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 either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
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, useable 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 attached to the required utilities. The
term "manufactured home" does not include a recreation vehicle.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK or SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is: a) built on a single chassis; b) four
hundred square feet or less when measured at the longest horizontal
projections; c) designed to be self-propelled or permanently towable
by a light duty truck; and d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
START OF CONSTRUCTION
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act, P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, 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
or 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.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other 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:
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 the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough.
No structure shall hereafter be constructed, located, extended,
converted, or altered and no land shall hereafter be 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 fined not more than $2,000 or imprisonment for not more
than 90 days, or both, for each violation, and in addition shall be
responsible for paying all costs and expenses arising out of such
matter. Nothing herein contained shall prevent the Borough 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 chapters, easement, covenant, or deed
restriction 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 Borough; and
C. Deemed neither to limit nor repeal any other powers granted under
New Jersey law.
The Borough Engineer shall administer and implement this chapter
by granting or denying development permit applications in accordance
with its provisions.
The duties of the local administrator shall include, but not
be limited to:
A. Permit review.
(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 and assure that the encroachment provisions
of this chapter 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 this chapter,
the local administrator 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 the Chapter relating
to Specific standards, residential construction; and Specific standards,
nonresidential construction.
C. Information to be obtained and maintained.
(1) Obtain 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.
(2) For all new or substantially improved floodproofed structures:
(a)
Verify and record the actual elevation (in relation to mean
sea level); and
(b)
Maintain the floodproofing certifications required in this chapter.
(3) Maintain for public inspection all records pertaining to the provisions
of this chapter.
D. Alteration of watercourses.
(1) Notify adjacent communities and the applicable state coordinating
agency 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 the flood-carrying capacity is not
diminished.
(3) Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control 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.
E. 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 this chapter.
In all areas of special flood hazards the following standards, which are also applicable to §§
257-18,
257-19,
257-20 and
257-21, 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 federal, state and/or local anchoring
requirements for resisting wind forces, if any.
All new construction and substantial improvements having fully
enclosed areas below the lowest floor that are useable 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 covering or devices, provided that they
permit the automatic entry and exit of floodwaters.
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in this chapter, the following
standards are required:
A. Residential construction.
(1) New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above
base flood elevation;
(2) Require within any AO Zone on the municipality's FIRM that 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.
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, together with the attendant
utilities and sanitary facilities, shall:
(1) Require within any AO Zone on the municipality's FIRM that all
new construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either 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
(2) Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
(3) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(4) 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 this chapter.
Located within areas of special flood hazard 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. Prohibit 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.
B. If Subsection
A above is satisfied, all new construction and substantial improvements must comply with §§
257-17 through
257-23.
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 0.2 of a foot at any point.