[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 7-13-1982 by Ord. No. 14-82; amended in its entirety 10-4-2011 by Ord. No.
7-2011. Subsequent amendments noted where applicable.]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1
delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety and general
welfare of its citizenry. Therefore, the Common Council of the Borough
of Washington, County of Warren, State of New Jersey does ordain as
follows.
A.
The flood hazard areas of the Borough of Washington are subject to
periodic inundation which results in loss of life and 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 hazards which increase flood heights and
velocities and, when inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
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, 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
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
FLOOD or FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have the meanings
indicated:
A request for a review of the Zoning Officer's interpretation
of any provision of this chapter or a request for a variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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
located within the area of special flood hazard.
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.
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 piling, columns
(posts and piers) or shear 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.
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.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided 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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area, including the
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 as to render the structure
in violation of other applicable nonelevation design requirements.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
A vehicle which is:
Built on a single chassis;
Four hundred 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
temporary living quarters for recreational, camping, travel or seasonal
use.
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, 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, piers or foundations
or the erection of temporary forms; nor does it include the installation
of 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.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
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.
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:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
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 hazard
within the jurisdiction of the Borough of Washington, Warren County,
New Jersey, as depicted on the Flood Insurance Rate Map.
A.
The areas of special flood hazard for the Borough of Washington,
Community No. 340495, 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 Numbers 34041C0238E, 34041C0239E, 34041C0326E,
whose effective date 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
100 Belvidere Avenue, Washington, New Jersey.
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the terms
of this chapter and other applicable regulations. 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 90 days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the Borough of Washington, Warren County,
New Jersey, 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 any other ordinance, 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:
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 Washington, Warren County, New Jersey,
any officer or employees thereof or the Federal Insurance Administration
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 44A-7. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but shall 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; 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 § 44A-18B.
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
The Zoning Officer is hereby appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions. The Zoning Officer may utilize
the services of the Municipal Engineer to assist with the technical
aspects of his or her responsibilities with all associated costs being
paid by the Borough.
Duties of the Zoning Officer shall include but shall not be
limited to:
A.
Permit review. He 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.
B.
Information to be obtained and maintained. He shall:
(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.
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
C.
Alteration of watercourses. He shall:
(1)
Notify adjacent communities and the State of 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.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
D.
Interpretation of FIRM boundaries. He 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 § 44A-15.
E.
When base elevation and floodway data has not been provided in accordance with § 44A-7, Basis for establishing areas of special flood hazard, the Zoning Officer 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 § 44A-18A, Residential construction, and § 44A-18B, pertaining to nonresidential construction.
A.
The Planning Board, as established by N.J.S.A. 40:55D-23 et seq.,
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Planning Board shall hear and decide appeals when it is alleged
that there is an error in any requirements, decision or determination
made by the Zoning Officer in the enforcement or administration of
this chapter.
C.
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court of New Jersey.
D.
In passing upon such applications, the Planning Board 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 for the proposed use which
are not subject to flooding or erosion damage.
(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 of 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 effects of wave action, if applicable,
expected at the site.
(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 of § 44A-15D and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Zoning Officer shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration.
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 the provisions of § 44A-15D(1) through (11) have been fully considered. As the lot size increases beyond 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 a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
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.
(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 § 44A-15D, 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
floor 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.
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 or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
B.
Construction materials and methods.
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 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.
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 development.
E.
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:
(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 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 have been provided as set forth in § 44A-7, Basis for establishing areas of special flood hazard or in § 44A-14E, use of other base flood 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 together with the attendant utilities and sanitary facilities,
elevated to or above base flood elevation.
B.
In an area of special flood hazard, all new construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall have the lowest floor, including basement, together
with the attendant utilities and sanitary facilities:
(1)
Either:
(a)
Elevated to the level of the base flood elevation; and
(b)
Within any AO Zone on the municipality's DFIRM, 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.
(2)
Or:
(a)
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
(b)
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(c)
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 § 44A-12C.
Located within areas of special flood hazard established in § 44A-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:
A.
Encroachments, including fill, new construction, substantial improvements
and other development, are prohibited unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
C.
The placement of any manufactured homes, except in an existing manufactured
home park or existing manufactured home subdivision, is prohibited.
D.
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.
All applicants shall be required to pay an application fee of
$100 to the Borough of Washington upon submittal of a complete application.
In addition, the applicant shall pay to the Borough of Washington
a fee of $200 for the purpose of establishing an escrow account for
payment of engineering costs associated with the review of the application.
The applicant shall be responsible for payment of all reasonable fees
for review of an application and may from time to time be required
to make additional deposits into said escrow account within 10 days
of receipt of a written request of the Treasurer of the Borough of
Washington. Failure to make timely deposits upon request will result
in the application being denied or permit revoked. Any remaining funds
in the escrow account 180 days after a permit has been issued shall
be returned to the applicant.