[Amended 12-7-2006 by Ord. No. 06-16]
A.
Purpose.
(1)
This mandatory residential cluster subdivision section
implements the land use principles of Mannington Township, as articulated
in the Master Plan Goals and Objectives, Land Use Plan Element and
Farmland Preservation Plan Element, among others, and is consistent
with applicable Salem County planning documents and the New Jersey
State Development and Redevelopment Plan. The overriding policy which
will be advanced by this ordinance amendment is the preservation of
the Township's agricultural land base and natural open spaces as subdivision
of land for residential development occurs. The section also establishes
standards for residential cluster subdivision design so as to minimize
conflicts between farming activities and nearby residential neighbors.
(2)
Goals and objectives of this cluster ordinance include:
(a)
Clustering development on a portion of a tract
preserves the balance of the tract for agriculture and open space;
this is particularly critical for soils of prime and statewide importance
which constitute the core of the Township's agricultural land base;
(b)
Clustering development provides preserved farmland
and/or open space which may be located adjacent to other preserved
lands to form large contiguous corridors for farming or environmental
preservation;
(c)
Clustering development provides the opportunity
to separate residential units from active agricultural operations
on adjacent farmland thus reducing land use conflicts and helping
to preserve the viability of farming in the Township;
(d)
Clustering development provides the opportunity
to buffer residential units from view from public rights-of-way, thus
protecting the viewshed along public roads and preserving the Township's
rural character;
(e)
Clustering development reduces impervious surface
coverage thus reducing the volume of development-related stormwater
runoff which must be managed and maximizes the proportion of the tract
which is retained for natural stormwater infiltration and aquifer
recharge;
(f)
Clustering development with smaller lots reduces
the initial cost of infrastructure (streets and utilities) as compared
with conventional subdivision design and also lowers the Township's
continuing costs of service and maintenance; and
(g)
Clustering development on smaller lots fosters
social interaction among neighbors.
B.
Application. Residential cluster refers to a mandatory
subdivision design approach for major subdivisions regardless of tract
area in the Agricultural (A), Conditional Residential (CR), and Conservation
(C) Zones. Conventional subdivision design standards for the respective
districts are being retained in the chapter only for the purpose of
calculating the lot yield applicable for residential cluster design.
C.
Gross density. The permitted gross density of development in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones is indicated in § 70-33, Schedule of District Regulations, and is also a function of the application of any and all related chapter provisions. The number of permitted lots is determined as follows:
(1)
The maximum number of residential lots permitted under
this mandatory residential cluster subdivision section may not exceed
the number of lots which would be permitted under a conventional subdivision
designed in compliance with all of the Township's applicable zoning,
subdivision and design standards for the respective zoning districts
and for which each lot could have an approvable well and on-site septic
system.
(2)
To determine the number of permitted lots for a specific
parcel, the applicant must submit a sketch plat with the following
information:
(a)
A boundary survey;
(b)
Floodplains, wetlands, wetland transition areas,
and topography at two-foot intervals;
(c)
Soil types and permeability classifications;
(d)
In the Agricultural (A) and Conditional Residential
(CR) zones, lots with a minimum area of three acres shall be plotted
in compliance with all applicable Township, county and state land
development standards. In the Conservation (C) Zone, lots with a minimum
of five acres shall be plotted in compliance with all applicable Township,
county and state land development standards.
[Amended 11-1-2007 by Ord. No. 07-14]
(e)
Road width and access points must be located
in compliance with applicable local and County standards; and
(f)
Two test borings with permeability tests must
be performed for each of the soil types represented on the parcel
and a minimum of one test boring with permeability test must be performed
for every five acres. The tests shall be performed in compliance with
all local, county and state regulations. All tests must be witnessed
by either a representative of the Salem County Health Department or
by the Township Engineer. The location and results of all tests shall
be shown on the sketch plat.
D.
Bulk requirements. The bulk requirements are predicated
on the type of soils and the method of wastewater management, regardless
of zoning district, as follows:
Lot Size and Bulk Requirements for Residential
Lots in Cluster Development in all Zoning Districts
| |||||
---|---|---|---|---|---|
Soil Permeability Rating
|
Lot area *
(square feet)
|
Lot width
(feet)
|
Front yard
(feet)
|
Side yard
(feet)
|
Rear yard
(feet)
|
K-0, K-1 and K-2
|
25,000**
|
125
|
25
|
15
|
15
|
K-3, K-4 and K-5
|
20,000**
|
100
|
25
|
15
|
15
|
All soil ratings
|
15,000***
|
100
|
25
|
15
|
15
|
All soil ratings
|
10,000****
|
80
|
20
|
10
|
15
|
* Lot areas shown are the minimum. The maximum
lot size is a 10% increase over the minimum.
|
** On-site septic system and private wells.
|
*** Community wastewater system or community
water system.
|
**** Community wastewater system and community
water system.
|
All requirements of the respective zoning districts
other than those specifically superseded by this section shall be
continue to apply to residential cluster subdivisions.
|
E.
Community design principles. The residential cluster
subdivision design shall maximize the utility and aesthetics of the
undeveloped farmland and/or open space as well as provide an attractive,
walkable neighborhood for the residents. The following community design
principles shall guide the design of residential cluster subdivisions:
(1)
The preserved agriculture/open space area shall be
configured in such a manner as to facilitate continued or future agricultural
use. Factors to be considered in design should include, but not be
limited to, the desirability of locating the farmland/open space on
prime soils and/or soils of statewide importance, the desirability
of linking the proposed agriculture/open space area to adjacent tracts
containing farming operations, the ability to create contiguous tracts
of farmland and/or open space and the desirability of maximizing separation
between farming operations and residential units.
(2)
The location of the houses shall be sited to minimize
visual intrusions on the rights-of-way of existing Township and county
roads by locating farmland and/or open space between clustered homesites
and roads to minimize visual intrusions on scenic vistas and viewsheds
and any adjoining public lands.
(3)
Where subdivision tracts include existing farmland
operations, the farmland/parcels should include such uses, to the
greatest extent possible, in order to facilitate the continuation
of farming.
(4)
Proposed roads should be located within the development
portion of the property. It is the intent to keep the open space portion
continuous and free of intrusions; however, adequate access must be
provided to this area.
(5)
Existing hedgerows, historic structures, mature trees/woodlands,
and orchards should be incorporated into the subdivision design to
the extent possible. Residential lots shall be set back at least 100
feet from existing surface water (both total and nontidal), unless
a more extensive setback is required by another local, county or state
statute or regulation.
(6)
A pedestrian circulation system shall be designed
for residents to walk safely and easily on the site among residential
lots, to active or passive open space, to connect to Township greenway
path systems and to points of nearby interest.
F.
Open space requirements. The following requirements
govern the character and administration of the required farmland/open
space:
(1)
The open space shall be permanently deed-restricted
from further development and shall be utilized either for agriculture,
conservation or passive open space as approved by the Planning Board.
If the open space is currently farmed, it should continue to be farmed
rather than converted to open space.
(2)
A preservation/conservation easement shall be placed
on the farmland/open space at the time of final subdivision approval,
permanently restricting the land from being developed. The language
of the easement shall be subject to approval by the Township Solicitor.
(3)
The applicant shall indicate at the time of preliminary
subdivision whether the open space is proposed to be dedicated to
the Township or owned and maintained by a homeowners' association
or open space organization. The dedication of open space to the Township
is subject to its acceptance and approval by the Township Committee.
(4)
The deed of any single-family dwelling sold as part
of a cluster development under this section shall contain a notification
that the Township Zoning Ordinance specifically includes farming as
a permitted use in the Agricultural (A), Conditional Residential (CR)
and Conservation (C) Zones and that the open space in the development
may be deed-restricted for farming use. Furthermore, prospective purchasers
shall be separately informed in writing of the protection the Township
Ordinance conveys to agricultural operations.
(5)
The applicant may be required to provide heavy landscape
screening in order to buffer proposed residential lots as viewed from
the public right-of-way.
G.
Utilities.
(1)
A long-term maintenance plan must be submitted for
community wastewater and potable water systems, subject to the approval
of the Township Engineer. A qualified licensed operator must be assigned
to the operation and maintenance responsibility of any proposed wastewater
and/or potable water system. For final subdivision approval, a developer's
agreement must be submitted and approved by the Township, outlining
the details of the operation and maintenance plan and responsibilities.
(2)
The Planning Board may require the installation of
monitoring wells, at the recommendation of the Township Engineer.
(3)
The construction, operation and maintenance of any
proposed community wastewater and/or potable water system shall be
bonded to the Township. The amount and form of such bond shall be
subject to the approval of the Township Committee upon recommendation
from the Township Engineer (as to amount) and the Township Solicitor
(as to form).
[Added 6-2-2016 by Ord.
No. 16-03]
A.
Statutory authorization, findings of fact, purpose and objectives.
(1)
Statutory authorization. The Legislature of the State of New
Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility
to local governmental units to adopt regulations designed to promote
public health, safety, and general welfare of its citizenry. Therefore,
the Township Committee of the Township of Mannington, of Salem County,
New Jersey, does ordain as follows.
(2)
Findings of fact.
(a)
The flood hazard areas of the Township of Mannington 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 hazard which increase flood heights and
velocities, and when inadequately anchored, cause damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
(3)
Statement of purpose. It is the purpose of this section 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 second
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; and
(h)
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(4)
Methods of reducing flood losses. In order to accomplish its
purposes, this section 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.
B.
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OR FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
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)
SAND DUNES
START OF CONSTRUCTION
(1)
(2)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
A request for a review of the Zoning Officer's interpretation
of any provision of this section or a request for a variance.
A designated AO or AH 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 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.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. For Zones VE and V1-30
the elevation represents the stillwater elevation (SWEL) plus wave
effect (BFE = SWEL + wave effect) resulting from a flood that has
a one-percent or greater 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.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped the
Coastal A Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high hazard areas.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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.
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 non-basement 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 A Zone, to have the
bottom of the lowest horizontal structural member of the elevated
floor, elevated above the base flood elevation plus freeboard 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 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 A Zones, elevated buildings
also includes a building otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of breakaway
walls.
The process of the gradual wearing away of land masses.
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 before the effective date of
the floodplain management regulations adopted by a community.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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 accumulatively increasing the water surface elevation more
than 0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
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:
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the V Zone
and the LiMWA will be similar to, but less severe than those in the
V Zone.
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 of 44 CFR 60.3.
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 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 a floodplain regulation adopted
by a community 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.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)[1], 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.
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 condition before damage 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 equals or 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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this section that
permits construction in a manner that would otherwise be prohibited
by this section.
The failure of a structure or other development to be fully
compliant with this section. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply
to all areas of special flood hazards within the jurisdiction of the
Township of Mannington, Salem County, New Jersey.
(2)
Basis for establishing the areas of special flood hazard.
(a)
The areas of special flood hazard for the Township of Mannington,
Community No. 340417, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
[1]
A scientific and engineering report "Flood Insurance Study,
Salem County, New Jersey (All Jurisdictions)" dated June 16, 2016.
[2]
"Flood Insurance Rate Map for Salem County, New Jersey (All
Jurisdictions)" as shown on Index and panel(s) referenced as follows,
whose effective date is June 16, 2016:
34033C0061C
| |
34033C0062C
| |
34033C0063C
| |
34033C0064C
| |
34033C0066C
| |
34033C0067C
| |
34033C0068C
| |
34033C0069C
| |
34033C0090C
| |
34033C0151C
| |
34033C0152C
| |
34033C0153C
| |
34033C0154C
| |
34033C0156C
| |
34033C0157C
| |
34033C0158C
| |
34033C0159C
| |
34033C0166C
| |
34033C0180C
|
(b)
The above documents are hereby adopted and declared to be a
part of this section. The Flood Insurance Study, maps and advisory
documents are on file at Mannington Town Hall, 491 Route 45, Mannington
Township, New Jersey 08079.
(3)
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section 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 section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than the maximum amount set forth in § 1-15A of this Code, or imprisoned for not more than the maximum number days set forth in § 1-15A of this Code, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Mannington from taking such other lawful action as is necessary to prevent or remedy any violation.
(4)
Abrogation and greater restrictions. This section is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this section and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(6)
Warning and disclaimer of liability.
(a)
The degree of flood protection required by this section 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 section does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
(b)
This section shall not create liability on the part of the Township
of Mannington, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on
this section or any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but 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 and 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 Subsection E(2)(b); and
(d)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
Designation of administrator. The Zoning Officer is hereby appointed
to administer and implement this section by granting or denying development
permit applications in accordance with its provisions.
(3)
Duties and responsibilities of administrator. The duties of
the Zoning Officer as administrator of this section shall include,
but not be limited to:
(a)
Permit review.
[1]
Review all development permits to determine that the permit
requirements of this section have been satisfied.
[2]
Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
[3]
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection E(3)(a) are met.
[4]
Review all development permits in the Coastal A Zone area of
the area of special flood hazard to determine if the proposed development
alters the terrain or sand dunes so as to increase potential flood
damage.
[5]
Review plans for walls to be used to enclose space below the base flood level in accordance with Subsection E(4)(b)[4].
(b)
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the 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 Subsection E(2)(a), Specific standards, Residential construction, and Subsection E(2)(b), 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.
[3]
In Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Subsection E(4)(b)[1] and [2][a] and [b] are met.
[4]
Maintain for public inspection all records pertaining to the
provisions of this section.
(d)
Alteration of watercourses.
[1]
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.
[2]
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
(e)
Substantial damage review.
[1]
After an event resulting in building damages, assess the damage
to structures due to flood and nonflood causes.
[2]
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
(f)
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(4).
(4)
Variance procedure.
(a)
Planning/Zoning Board to serve as appeal board.
[1]
The Mannington Township Planning/Zoning Board shall hear and
decide appeals, requests for interpretation, and requests for variances
relating to the requirements of this section.
[2]
The Planning/Zoning Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Zoning Officer in the enforcement or administration of
this section.
[3]
Any interested party aggrieved by the decision of the Planning/Zoning
Board may appeal such decision to the New Jersey Superior Court as
provided in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
and applicable Rules of Court.
[4]
In passing upon such applications the Planning/Zoning Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this section, and:
[a]
The danger that materials may be swept onto 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 alternative locations for the
proposed use which are not subject to flooding or erosion damage;
[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 of 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
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, 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.
[5]
Upon consideration of the factors of Subsection D(4)(a)[4] and the purposes of this section, the Planning/Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
[6]
The Zoning Officer shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
(b)
Conditions for variances.
[1]
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, providing items in Subsection
D(4)(a)[4][a] through [k] have been fully considered. As the lot size
increases beyond the 1/2 acre, the technical justification required
for issuing the variance increases.
[2]
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.
[3]
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
[4]
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
[5]
Variances shall only be issued upon:
[a]
A showing of good and sufficient cause;
[b]
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
[c]
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(4)(a)[4], or conflict with existing local laws or ordinances.
[6]
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.
E.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazards, compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
is required:
(a)
Anchoring.
[1]
All new construction to be placed or substantially improved
and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
[2]
All manufactured homes to be placed or substantially improved
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; and
[4]
For all new construction and substantial improvements the 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 and other proposed new development
shall be consistent with the need to minimize flood damage;
[2]
All subdivision proposals and other proposed new development
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 and other proposed new development
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 new development which contain at least
50 lots or five acres (whichever is less).
(e)
Enclosure openings. All new construction and substantial improvements
having 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 in at least two exterior walls
of each enclosed area, 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.
(2)
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or in Subsection D(3)(b), Use of other base flood and floodway data, the following standards are required:
(a)
Residential construction.
[2]
New construction and substantial improvement of any residential
structure located in an A or AE Zone shall have the lowest floor,
including basement, together with the attendant utilities and sanitary
facilities, elevated at or above the base flood elevation plus one
foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more
restrictive;
[3]
Require within any AO or AH Zone on the municipality's FIRM
that all 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 above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three 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. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see Subsection E(4), Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities either:
[1]
Elevated to or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
[2]
Require within any AO or AH Zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus one foot,
above the highest adjacent grade (at least three 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
[3]
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
[4]
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
[5]
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 Subsection D(3)(c)[2][b].
(c)
Manufactured homes.
[1]
Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].
[2]
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[a]
Be consistent with the need to minimize flood damage;
[b]
Be constructed to minimize flood damage;
[c]
Have adequate drainage provided to reduce exposure
to flood damage; and
[d]
Be elevated on a permanent foundation such that
the top of the lowest floor is at or above the base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive.
(3)
Floodways. Located within areas of special flood hazard established in Subsection C(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)
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.
(c)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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.
(4)
Coastal A Zone. Coastal A Zones are located within the areas of special flood hazard established in Subsection C(2). These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:
(b)
Construction methods.
[1]
Elevation. All new construction and substantial improvements
shall be elevated on piling or columns so that:
[a]
The bottom of the lowest horizontal structural
member of the lowest floor (excluding the piling or columns) is elevated
to or above the base flood elevation plus one foot, or as required
by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive; and
[b]
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in Subsection E(4)(b)[4].
[2]
Structural support.
[a]
All new construction and substantial improvements
shall be securely anchored on piling or columns.
[b]
The pile or column foundation and structure attached
thereto shall be anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water loading values each
of which shall have a one-percent chance of being equaled or exceeded
in any given year (one-hundred-year mean recurrence interval).
[c]
Prohibit the use of fill for structural support
of buildings within Coastal A Zones on the community's FIRM.
[3]
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection E(4)(b)[1] and [2][a] and [b].
[4]
Space below the lowest floor.
[a]
Any alteration, repair, reconstruction or improvement
to a structure started after the enactment of this section shall not
enclose the space below the lowest floor unless breakaway walls, open
wood lattice work or insect screening are used as provided for in
this section.
[b]
Breakaway walls, open wood lattice work or insect
screening shall be allowed below the base flood elevation, provided
that they are intended to collapse under wind and water loads without
causing collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading of 20 pounds per square foot
(either by design or when so required by local or state codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
[i]
Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
[ii]
The elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement or
other structural damage due to the effects of wind and water load
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards.
[c]
If breakaway walls are utilized, such enclosed
space shall be used solely for parking of vehicles, building access,
or storage and not for human habitation.
[d]
Prior to construction, plans for any breakaway
wall must be submitted to the Construction Code Official or Building
Subcode Official for approval.
(c)
Sand dunes. Prohibit man-made alteration of sand dunes within
Coastal A Zones on the community's DFIRM which would increase potential
flood damage.
F.
Enactment. This section shall take effect on June 16, 2016, after
final passage, publication, and the filing thereof with the Salem
County Planning Board in the manner prescribed by law, and shall remain
in force until modified, amended, or rescinded by the Township of
Mannington, Salem County, New Jersey.
The specific purpose and intent of this section
is to prevent excessive and unsafe development in areas deemed unfit
by reason of flood danger; to prevent unsanitary conditions and related
hazards; to minimize danger to public health by protecting water supplies,
recharge areas and the natural drainage system; and to promote the
health, safety and welfare of the residents of Mannington Township
and property owners in or near streams or areas subject to flooding.
A.
Floodplain designation. There are hereby designated
within the Township of Mannington, floodplain areas comprised of those
sections of the Township which are shown on the map designated as
the "Mannington Township Floodplain Map," which is hereby made a part
of this chapter.[1]
(1)
Map filing. For the purpose of defining the application
of the floodplain area map to any specific area, the maps, data and
other natural sources utilized to establish define, and designate
floodplain areas shall be kept on file in the Township Engineers'
office and shall be proof of the intended limits of the floodplain
areas.
(2)
Floodway. Within the floodplain areas described above,
there are hereby designated floodways as defined in this chapter.
(3)
Amendment. Any changes in the floodplain map may be
recommended by the Township Engineer based upon a proper survey and
upstream drainage calculations or as a result of an acceptable engineering
delineation by an outside agency. The Township Committee may consider
these recommendations for proper enactment as an amendment of this
chapter.
[1]
Editor's Note: A Flood Prone Areas Map is included at the end of this chapter.
B.
Procedures:
C.
Interpretation:
(1)
In case of any dispute concerning the boundaries of
floodplain areas or floodways as shown on the Mannington Township
Floodplain Map, a determination shall be made by the Township Engineer.
(2)
The Township Engineer may certify that the area is
not within the floodplain or that the floodway is smaller than defined
by this chapter, if conclusive and documented information is submitted
by the applicant.
(3)
Any party aggrieved by a decision of the Township
Engineer as to the proper location of said boundaries may appeal to
the Planning/Zoning Board. For the purpose of this section, if the
Township Engineer has determined the map boundary lines to be correct,
any change in said boundaries applied for shall be considered by the
Planning/Zoning Board as an application for use variance. The burden
of proof in any such appeal shall be on the applicant.
(4)
Any appeal to utilize land located within the floodplain
for purposes not permitted by this section shall be considered by
the Planning/Zoning Board as an application for a use variance.
D.
Permitted uses:
(1)
Within the floodway of any floodplain areas, the following
uses, excluding structures, and no other, shall be permitted:
(a)
Pasture, grazing land;
(b)
Recreational uses not requiring regrading or
removal of trees, shrubs or vines such as: park, picnic grove, boating
club, but excluding closed structures or storage areas;
(c)
Game farm, fish hatchery;
(d)
Hunting, and fishing reserve;
(e)
Wildlife sanctuary, woodland preserve or arboretum;
and,
(f)
Open areas needed to meet yard and area requirements
for any permitted use in this and other zoning districts as specified
in this chapter.
(2)
Within the remaining portions of floodplain areas, all uses listed in the Subsection D(1) above, together with those uses permitted and regulated by this chapter for the zone district shall be permitted provided that:
(a)
The minimum lot area shall be two acres; or
the prevailing lot area requirement for the zoning district, whichever
is larger;
(b)
The maximum lot coverage shall be 5%;
(c)
Any structure proposed to be erected, constructed
or located shall not have a basement; and
(d)
The first floor elevation of any principal use
structure shall be at or above the one-hundred-year flood level as
determined by the Township Engineer. Any fill used to raise the existing
elevation of a building site, shall not encroach upon the floodway
of any watercourse.
(f)
No vegetation removal or regrading of the site
shall be carried out within a floodplain unless expressly permitted
by the Township Planning/Zoning Board after site plan review. The
Board shall further determine that any land disturbance activity shall
be the minimum required to accomplish the use to be permitted.
(g)
No zoning permit shall be issued for any use
requiring new or expanded water or sewer facilities, including on-site
systems, without evidence of review and approval by the proper health
officials, and in addition, a statement by the Township Engineer that
said water and/or sewer facilities are so located and/or designed
to avoid impairment from flooding.
(h)
In the case of lots split by the floodplain
area designation, all construction and accompanying land disturbance
activities shall take place outside the floodplain area, unless construction
within or land disturbance of the floodplain area is permitted in
accordance with the provisions of this subsection.
(3)
Where less than 20% of an existing lot is located
within a floodplain area, the uses, as permitted and regulated by
this chapter for the zone district in which the area is located, shall
apply, provided that no structures are placed within the floodplain
area and no fill encroaches upon the floodway.
(4)
All nonconforming uses, created as a result of the
enactment of these regulations, shall not be expanded or be rebuilt
or reestablished in the event of their destruction or abandonment,
except as provided by this subsection.
E.
Municipal liability. The granting of a zoning permit
in the floodplain area shall not constitute a representation, guaranty
or warranty of any kind by the Township of Mannington, or by any official
or employee thereof, of the practicability, and safety or flood proof
status of the proposed use, nor shall the granting of such a permit
create any liability upon the Township of Mannington, its officials
or employees.