[Ord. No. 0-19-82 § 1]
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 designated
to:
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 and bridges
located in floodplains;
f.
To help maintain a stable tax base by providing for the sound use
and development of flood-prone areas in such a manner as to minimize
future flood blight areas;
g.
To ensure that potential home 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
assume responsibility for their actions.
[Ord. No. 0-19-82 § 2]
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 are involved in the accommodation
of flood waters;
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 flood waters or which may increase flood hazards
in other areas.
[Ord. No. 0-19-82 § 3; Ord. No.
0-12-88 § 1]
As used in this section:
A request for a review of the interpretation of any provision
of this chapter or a request for a variance.
A designated AO zone on a Community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist; or the path of flooding
is unpredictable and indeterminate; and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a 1% 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 where its floor subgrade is below
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
elevation portion of the building or supporting foundation system.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings and other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
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 wherein the case of the 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 (posted and piers), or shear walls parallel to the flow of
the water and (ii) adequate anchoring 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 otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of break
away walls.
A general and temporary condition of partial or complete
inundation or normally dry land areas from:
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 Township.
The official report provided to the Township in which the
Federal Insurance Administration has provided flood profiles, as well
as the Flood Boundary-Floodway Map 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 elevations more
than 0.2 feet.
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 lowest floor provided that
such enclosure is not built so to render the structure in violation
in 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, then connected to the required utilities.
For floodplain management purposes the term "manufactured homes" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
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.
A first placement of permanent construction of a structure
on a site, such as the pouring of slabs or footings or any work beyond
the state of excavation. 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 as part of the main structure. For a structure without
a basement or poured footings, the "start of construction" includes
the first permanent framing or assembly of the structure or any part
thereof on its piling or foundation.
Includes substantial improvement and means the date the building
permit was issued, provided 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 footing, 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 sidewalks,
nor does it include excavation for a basement, footing, piers, or
foundations or 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.
A walled and roofed building that is principally above ground.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Before the improvement or repair is started, or
If the structure has been damaged and is being restored, before
the damage occurred.
|
For purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not the alteration affects the external dimensions of the structure.
| ||
|
The term does not, however, include either:
| ||
|
a.
|
Any project for improvement of a structure to comply with existing
State or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions, or
| |
|
b.
|
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
| |
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.
[Ord. No. 0-19-82 § 4A]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction and boundaries of the Township.
[Ord. No. 0-19-82 § 4B]
The areas of special flood hazard identified by the Federal
Insurance Administration as shown in Flood Boundary and Floodway Map
and Flood Insurance Rate Map (FIRM) dated November 17, 1982 and the
Flood Insurance Study dated May 17, 982 are hereby adopted by reference
and declared to be a part of this chapter. The Map and Study are on
file at the Township Building, 1011 Cooper Street, Deptford, New Jersey.
[Ord. No. 0-19-82 § 4C: New]
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. Any person who violates
this chapter or fails to comply with any of its requirements shall,
upon conviction thereof, be subject to the General Penalty established
in Section 1-5 of this Code. Nothing herein contained shall prevent
the Township from obtaining injunctive relief or, any other relief
allowed pursuant to law to prevent or remedy any violation.
[Ord. No. 0-19-82 § 4D]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where these regulations and other ordinances, easements, covenants
or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
[Ord. No. 0-19-82 § 4E]
In the interpretation and application of this chapter, all provisions
shall be:
[Ord. No. 0-19-82 § 4F]
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 area 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 Township, 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.
[Ord. No. 0-19-82 § 5A; Ord.
No. 0-12-88 § 2]
The Construction Code Officer, as provided in Section 5-6 hereof,
shall be responsible for the administration of this chapter. A development
permit shall be obtained before any construction or development begins
within any area of special flood hazard. Applications for permit for
construction or development within any area of special flood hazard
shall be made on forms furnished by the Township, and shall be accompanied
by the following:
a.
Five copies of a true and accurate plot plan, drawn to a scale not
less than one inch equaling 100 feet, with contour lines at intervals
of not more than two feet, showing the exact size, shape, location
and elevation of existing and proposed building and structures and
any proposed fill or regradings; the exact dimensions and acreage
of each lot or plot to be built upon or otherwise used; the location
of the floodway and flood hazard area limits; the locations, layout
and elevation of existing and proposed parking areas, driveway drainage,
sewer and water facilities and connections, plantings, seedings, screenings,
fences, signs, streets and curbings, elevation in relation to mean
sea level to the lowest floor (including basement) of all structures;
and elevations in relation to mean sea level to which any structure
has been floodproofed, shall be shown. Such other information as shall
be reasonably required for an elevation of the effect of the development
under flood control shall be submitted;
b.
Certification by a professional engineer or architect registered
in New Jersey that the floodproofing method for any nonresidential
structure meet the floodproofing criteria herein established;
c.
Description to the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 0-19-82 § 6]
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.
[Ord. No. 0-19-82 § 7]
In review of application and plans, the duties of the Construction
Code Official shall include, but are not limited to the following:
a.
Review all development permits to determine that the permit requirements
of the Township have been satisfied.
b.
Review all development permits to determine that all necessary permits
have been obtained from those Federal, State or local government agencies
from which prior approval is required.
c.
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 are met.
d.
When base flood elevation floodway data has not been provided in
accordance with subsection 15-4.2, Basis for Establishing the Areas
of Special Flood Hazard, the Construction Official shall obtain, review
and reasonably utilize any base flood elevation and floodway data
available from any Federal, State or other source in order to administer
specification standards, residential construction and specification
standards, and nonresidential construction included in this chapter.
e.
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.
f.
For all new or substantially improved floodproofed structures verify
and record the actual elevation (in relation to mean sea level); and
maintain the flood-proofing certifications required herein.
g.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
h.
If plans involve the alteration of watercourses, notify adjacent
communities and the New Jersey State Department of Environmental Protection
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration,
and require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood carrying capacity is
not diminished.
i.
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).
|
In cases of doubt or uncertainty as to the exact limit of the
floodway or flood hazard area in a proposed development, the Township
Engineer may, upon the application and with the consent of the landowner
and at the expense of the landowner determine the precise location
of a floodway or a flood hazard limit by close inspection, field survey
or other appropriate methods and cause the scene to be marked on the
ground, notifying the landowner, the New Jersey Department of Environmental
Protection, the Construction Code Official, and the Planning Board
of the results thereof. The person contesting the location of the
boundaries shall be given a reasonable opportunity to appeal the interpretation
as provided herein.
|
[Ord. No. 0-19-82 § 8]
After a review of plans and upon review of any recommendations
and comments from the Township Engineer or the Environmental Commission,
the Construction Code Official shall:
a.
Approve the application and issue the development permit if all Township,
County, State and Federal requirements have been met.
b.
Advise the applicant in writing that the permits can be issued only
upon revision of plans to comply with specified requirements.
c.
Advise the applicant in writing that a variance from special specified
requirements must be obtained, in accordance with Section 15-7 hereof,
or
d.
Disapprove the plans for reasons of noncompliance specified in writing.
[Ord. No. 0-19-82 § 9A]
The Deptford Township Planning Board as established by the Township
shall hear and decide appeals and requests for variances from the
requirements of this chapter. The Planning Board shall hear and decide
appeals when it is alleged there is an error in any requirements,
decision or determination made by the Construction Code Official in
the enforcement and administration of this chapter.
[Ord. No. 0-19-82 § 9B]
In passing upon such applications, the Planning Board shall
consider all technical evaluations, all relevant factors and standards
specified in other sections of this chapter, and:
a.
The danger that materials may be swept into other lands to the injury
of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where applicable;
f.
The availability of alternate locations, not subject to flooding
or erosion damage, for the proposed use;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate or rise and sediment
transport of the flood waters expected at the site; and
k.
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.
|
Upon consideration of the above factors 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.
| |
|
The Planning Board shall maintain the records of all appeal
actions, including technical information, and report all variances
to the Federal Insurance Administration upon request.
|
[Ord. No. 0-19-82 § 9C]
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 items 1 through 11 enumerated in subsection
15-7.2, 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 reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places of the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
c.
Variances shall not be issued within any designated floodway if the
increase in flood levels during the base flood discharge would result
in more than 0.2 of a foot.
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, 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.
[Ord. No. 0-19-82 § 9D]
If any person shall be aggrieved by the action of the Planning
Board or the Construction Code Official, an appeal in writing to the
Township Council may be taken within 10 days after the date of such
final action. The Township Council shall fix and notify the applicant
of a time and place for a public hearing on an appeal, and the applicant
shall cause notice of such hearing to be published in a newspaper
circulating in the Township at least 10 days prior to the hearing.
All parties of interest shall be afforded an opportunity to be heard.
After such hearing, the Township Council may affirm or reverse the
action of the Planning Board or the Construction Code Official and
shall state its findings and reasonings for its actions, a written
copy of such Council action shall be given to the applicant.
[Ord. No. 0-19-82 § 10A]
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
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. All new construction and substantial
improvements shall be constructed with materials and utility equipment
resistant to flood damage, and by methods and practices which minimize
flood damage.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
2.
New and replacement sanitary sewer systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge
from the systems into flood waters.
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4.
Electrical, heating, ventilations, plumbing and air conditioning
equipment and other service facilities shall be designed and/or located
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; and
4.
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres (whichever is less).
[Ord. No. 0-19-82 § 10B; Ord.
No. 0-12-88 § 6]
In all areas of special flood hazards where base flood elevation
data have been provided as set forth in subsection 15-4.2 (Basis for
Establishing the Areas of Special Flood Hazard) or in subsection 15-6.2d,
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 or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated one foot
above the base flood elevation; or, together with attendant utility
and sanitary facilities, be floodproofed so that below the base flood
level the structure is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capacity of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. A registered professional engineer or architect shall
certify that the standards of this paragraph are satisfied. Such certification
shall be provided to the Construction Code Official.
c.
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 covering or devices provided that
they permit the automatic entry and exit of floodwaters.
[Ord. No. 0-19-82 § 10C; Ord.
No. 0-12-88 § 7]
Located within areas of special flood hazard established in
subsection 15-4.2 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.
The prohibition of 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 paragraph a. above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of this section.
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.
d.
Mobilehomes except within a mobilehome park or an existing mobilehome
subdivision are expressly prohibited.
The reference of bench names for this chapter as shown on the
Flood Boundary and Floodway Map, along with Insurance Rate Map, shall
be:
|
Reference Mark
|
Elevation in Feet (NGVD)1
|
Description of Location
|
|---|---|---|
|
RM 1
|
23.08
|
Chiseled square out in corner of north wall of east abutment
on New Jersey Turnpike bridge over Big Timber Creek.
|
|
RM 2
|
11.76
|
PK nail set in top of timber walkway at northeast corner of
abutment of Almonesson Road Bridge over South Branch Big Timber Creek.
|
|
RM 3
|
18.11
|
PK nail set in top of north end of timber walkway at northwest
corner of north abutment of Lower Landing Road over South Branch Big
Timber Creek.
|
|
NOTE:
| |
|---|---|
|
1
|
National Geodetic Vertical Datum of 1929.
|
