[6-24-2019 by Ord. No.
2019:17[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Flood
Damage Prevention, adopted by Ord. No. 88:19, as amended by Ord. No.
95:10, and as subsequently amended.
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 the public health,
safety, and general welfare of its citizenry. Therefore, the Mayor
and Council of the Borough of New Milford, Bergen County New Jersey
does ordain as follows.
a.Â
The flood hazard areas of the Borough of New Milford 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.Â
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, causes damage 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 article to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a.Â
To protect human life and health;
b.Â
To minimize expenditure of public money for costly flood control
projects;
c.Â
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d.Â
To minimize prolonged business interruptions;
e.Â
To 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.Â
To 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.Â
To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
h.Â
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
In order to accomplish its purposes, this article includes methods
and provisions for:
a.Â
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.Â
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c.Â
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
d.Â
Controlling filling, grading, dredging, and other development which
may increase flood damage; and
e.Â
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[6-24-2019 by Ord. No.
2019:17]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and give this article 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 foot 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 foot and three feet.
A request for a review of the Borough Engineer's interpretation
of any provision of this article or a request for a variance.
A designated AH or AO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average depth of one foot to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The 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.
The 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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available flood risk guidance FEMA has provided.
The best available flood hazard data may be depicted on but not limited
to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and
FIRM.
The most recent available flood elevation FEMA has provided.
The best available flood hazard data elevation may be depicted on
an Advisory Flood Hazard Area Map, Work Map or Preliminary FIS and
FIRM.
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 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 nonbasement building: i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water; and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood 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.
The process of 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 Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided in which the Federal Emergency
Management Agency has provided flood profiles, as well as the Flood
Insurance Rate Map 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 powers. 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 cumulatively 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:
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 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 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.
The draft version of the FIRM released for public comment
before finalization and adoption.
A vehicle which is: i) built on a single chassis; ii) 400
square feet or less when measured at the longest horizontal projections;
iii) designed to be self-propelled or permanently towable by a light-duty
truck; and iv) 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. No. 97-348)][1] includes substantial improvements and shall mean 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 pilings, 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 aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Substantial damage also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period the cost of which equals or
exceeds 50% of the market value of the structure before the "start
of construction" of the improvement. Substantial improvement also
means "cumulative substantial improvement." This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed, or repetitive loss. 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 article which
permits construction in a manner that would otherwise be prohibited
by this article.
The failure of a structure or other development to be fully
compliant with this article. 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.
[6-24-2019 by Ord. No.
2019:17]
This article shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of New Milford, Bergen County,
New Jersey.
a.Â
The areas of special flood hazard for the Borough of New Milford,
Community No. 340054, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
1.Â
A scientific and engineering report "Flood Insurance Study, Bergen
County, New Jersey (All Jurisdictions)" dated August 28, 2019.
2.Â
"Flood Insurance Rate Map for Bergen County, New Jersey (All Jurisdictions)"
as shown on Index and Panel(s) 34003C0184H, 34003C0191H, and 34003C0192H
whose effective date is August 28, 2019.
3.Â
Best Available Flood Hazard Data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or base flood elevation conflict
or overlap with the best available flood hazard data, whichever imposes
the more stringent requirement shall prevail.
b.Â
The above documents are hereby adopted and declared to be a part
of this article. The Flood Insurance Study, maps and advisory documents
are on file at Borough Hall, 930 River Road, New Milford, New Jersey.
No structure or land shall hereafter be constructed, relocated,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violation of the
provisions of this article 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 article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $1,000 or imprisoned
for not more than 30 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 New Milford from taking such
other lawful action as is necessary to prevent or remedy any violation.
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and 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 article all provisions
shall be:
a.Â
The degree of flood protection required by this article 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 article 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.Â
This article shall not create liability on the part of the Borough
of New Milford, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this article or any administrative decision lawfully made thereunder.
[6-24-2019 by Ord. No.
2019:17]
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 25-3.2. Application for a development permit shall be made on forms furnished by the Borough Engineer 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, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a.Â
Elevation, in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.Â
Elevation in relation to mean sea level to which any structure has
been floodproofed;
c.Â
Certification by a licensed professional engineer or registered architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection 25-5.2b; and
d.Â
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Borough Engineer is hereby appointed to administer and implement
this article. The Borough Engineer will review the development applications
and floodway data. The Zoning Official will "grant or deny" the permit
upon recommendation of the Engineer.
Duties of the Borough Engineer, as the local administrator,
shall include, but not be limited to:
a.Â
Permit Review.
1.Â
Review all development permits to determine that the permit requirements
of this article have been satisfied.
2.Â
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.Â
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with Subsection 25-3.2, Basis for Establishing Areas of Special Flood Hazard, the Borough Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 25-5.2a, Specific Standards, Residential Construction, and 25-5.2b, Specific Standards, Nonresidential Construction.
c.Â
Information to Be Obtained and Maintained.
1.Â
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.Â
Maintain for public inspection all records pertaining to the provisions
of this article.
d.Â
Alteration of Watercourses.
1.Â
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, and the Land Use Regulation Program
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration.
2.Â
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
e.Â
Substantial Damage Review.
1.Â
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
2.Â
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
3.Â
Ensure substantial improvements meet the requirements of Subsections,
25-5.2a, Specific Standards, Residential Construction, 25-5.2b, Specific
Standards, Nonresidential Construction, and 25-5.2c, Specific Standards,
Manufactured Homes.
f.Â
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 25-4.4.
a.Â
Appeal Board.
1.Â
The Zoning Board of Adjustment as established by the Borough of New
Milford shall hear and decide appeals and requests for variances from
the requirements of this article.
2.Â
The Zoning Board of Adjustment shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Borough Engineer in the enforcement or administration
of this article.
3.Â
Those aggrieved by the decision of the Zoning Board of Adjustment,
or any taxpayer, may appeal such decision to the District Court, as
provided by statute.
4.Â
In passing upon such applications, the Zoning Board of Adjustment
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and:
(a)Â
The danger that materials may be swept onto other lands to the
injury of others;
(b)Â
The danger to life and property due to flooding or erosion damage;
(c)Â
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)Â
The importance of the services provided by the proposed facility
to the community;
(e)Â
The necessity to the facility of a waterfront location, where
applicable;
(f)Â
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)Â
The compatibility of the proposed use with existing and anticipated
development;
(h)Â
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)Â
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)Â
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)Â
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.Â
Upon consideration of the factors of Subsection a4 above and the purposes of this article, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
6.Â
The Zoning Board of Adjustment shall maintain the records of all
appeal actions, including technical information. The Borough Engineer
can provide/report any variances to the Federal Emergency Management
Agency upon request.
b.Â
Conditions for Variances.
1.Â
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 Subsection 25-4.4a4 above has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2.Â
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.Â
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4.Â
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.Â
Variances shall only be issued upon:
(a)Â
A showing of good and sufficient cause;
(b)Â
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)Â
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 25-4.4a4 above, or conflict with existing local laws or ordinances.
6.Â
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.
[6-24-2019 by Ord. No.
2019:17]
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.Â
Anchoring.
1.Â
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.Â
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.Â
Construction Materials and Methods.
c.Â
Utilities.
1.Â
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
2.Â
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.Â
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.Â
For all new construction and substantial improvements, 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.Â
Subdivision Proposals.
1.Â
All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
2.Â
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.Â
All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
4.Â
Base flood elevation data shall be provided for subdivision proposals
and other proposed new development and other proposed development
which contain at least 50 lots or five acres (whichever is less).
e.Â
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 licensed professional
engineer or registered architect or must meet or exceed the following
minimum criteria:
1.Â
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.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection 25-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection 25-4.3b, Use of Other Base Flood Data, the following standards are required:
a.Â
Residential Construction. New construction and substantial improvement
of any residential structure located in an A or AE Zone shall have
the lowest floor, including basement, all electrical, heating, ventilating,
air-conditioning, other service equipment and sanitary facilities
elevated at or above the more restrictive base flood elevation (published
FIS/FIRM) plus one foot, the best available flood hazard data elevation
plus one foot, or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive.
1.Â
Require within any AO or AH Zone on the municipality's DFIRM 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),
or at or above the best available flood hazard data elevation plus
one foot, whichever is more; and require adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
b.Â
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 shall have the lowest floor, including basement together with
the attendant utilities and sanitary facilities as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either:
1.Â
Elevated
to or above the more restrictive, base flood elevation (published
FIS/FIRM) plus one foot, the best available flood hazard data elevation
plus one foot, or as required by ASCE/SEI 24-14, Table 2-1; and 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)
or at or above the best available flood hazard data elevation plus
one foot, whichever is more restrictive; and require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures; or
2.Â
Be floodproofed so that below the more restrictive base flood elevation (published FIS/FIRM) plus one foot, the best available flood hazard data elevation plus one foot, or as required by ASCE/SEI 24-14, Table 6-1, the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a licensed professional engineer or registered 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 25-4.1c.
c.Â
Manufactured Homes.
2.Â
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)Â
Be consistent with the need to minimize flood damage;
(b)Â
Be constructed to minimize flood damage;
(c)Â
Have adequate drainage provided to reduce exposure to flood
damage;
(d)Â
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the more restrictive base flood elevation
(published FIS/FIRM) plus one foot, the best available flood hazard
data elevation plus one foot, or as required by ASCE/SEI 24-14, Table
2-1; and
(e)Â
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist floatation,
collapse, and lateral movement.
Located within areas of special flood hazard established in Subsection 25-3.2 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.Â
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge;
b.Â
If Subsection a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section, Provisions for Flood Hazard Reduction;
c.Â
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 foot at any point.
[Ord. No. 86:4 § 1.0]
This article shall be known and may be cited as "The Flood Fringe
Regulations of the Borough of New Milford."
[Ord. No. 86:4 § 2.0]
It is hereby determined that the flood fringe areas of delineated
streams within the Borough are subjected to flooding and that such
flooding is a danger to the lives and properties of the public; that
such flooding is also a danger to the natural resources of the Borough,
County and State; that unregulated development, the placement of fill,
or construction within these flood fringe areas results in increased
flood damages, erosion damages and adverse impacts on the ecological
resources within and downstream of the Borough. It is therefore determined
that it is in the public's interest to regulate the development of
real property within the flood fringe areas of delineated streams
pursuant to the flood hazard area control area, N.J.S.A. 58:15A-50
et seq. and related rules, N.J.A.C. 7:13 and to establish standards
to regulate construction and the placement of fill within these areas.
The Borough hereby accepts the responsibility empowered to it by the
Flood Hazard Area Control Act to regulate stream encroachments within
the flood fringe areas of delineated streams.
[Ord. No. 86:4 § 3.0]
a.Â
Words and terms used in this article shall have the meanings given
to them in the State Flood Hazard Area Regulations, N.J.A.C. 7:13-1.2.
b.Â
ACT
APPLICANT
APPLICATION
BOARD
DAM
DELINEATED STREAM
ENCROACHMENT LINE
EXCEPTIONAL AND UNDUE HARDSHIP
FLOOD DAMAGE POTENTIAL
FLOOD FRINGE
FLOOD HAZARD AREA
FLOOD HAZARD AREA DESIGN FLOOD
FLOOD HAZARD DESIGN ELEVATION
FLOOD PLAIN
FLOODPROOFING
FLOODWAY
HAZARDOUS MATERIALS
1.Â
2.Â
MAJOR PROJECT
MANUAL
MINOR PROJECT
MLUL
NJDEP
NET FILL
NINETY DAY RULES
NONREGULATED USE
NON-TROUT WATERS
PROHIBITED USE
PROJECTS OF SPECIAL CONCERN
REGULATED USE
STREAM ENCROACHMENT
STRUCTURE
TROUT-ASSOCIATED STREAMS
1.Â
2.Â
3.Â
4.Â
TROUT MAINTENANCE WATERS
TROUT PRODUCTION WATERS
TROUT STOCKED WATERS
As used in this article:
Shall mean the Flood Hazard Area Control Act, N.J.A.C. 58:16A-50
et seq.
Shall mean the owner of the property on which the permit
is applied or agent.
Shall mean the Board's application form.
Shall mean the entity that has been given the authority to
enforce this article by the municipal governing body.
Shall mean any artificial dike, levee or other barrier together
with appurtenant works, which is constructed for the primary purpose
of impounding water on a permanent or temporary basis that raises
the water level five (5') feet or more above its usual mean low water
height to the emergency spillway crest or in the absence of an emergency
spillway, the top of dam.
Shall mean a stream that has a delineated floodway that has
been officially adopted by NJDEP and published in New Jersey Register.
Shall mean a line encompassing the channel of a natural stream
and portions of the 100 year flood plain adjoining the channel which
are reasonably required to carry and discharge the floodwater or floodflow
of any natural stream. It is approximately equal to the floodway line
along delineated streams. Methods for determining this line are set
out in N.J.A.C. 7:13-1.8 and in the Manual.
Shall mean situations which strict compliance with this article
would result in peculiar and substantial burdens upon the applicant
or owner and where such compliance would not be necessary to avoid
substantial detriment to the public health, safety and general welfare.
Shall mean the susceptibility at a particular site to damage
by potential floods at that site, as well as increased off-site flooding
or flood related damages caused by such use.
Shall mean that portion of the flood hazard area not designated
as the floodway.
Shall mean the floodway and the flood fringe area of a delineated
stream.
Shall mean the 100 year storm in nondelineated areas and
the 100 year storm plus 25% in delineated areas.
Shall mean the elevation of the flood hazard area design
flood.
Shall mean the relatively flat area adjoining the channel
of a natural stream which has been or may be hereafter covered by
flood water.
Shall mean any combination of structural and nonstructural
design features, 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.
Shall mean the channel of a natural stream and portions of
the flood hazard area adjoining the channel which are reasonably required
to carry and discharge the flood water or flood flow of any natural
stream.
Shall mean any waste or combination of waste which poses
a present or potential threat to human health, living organisms or
the environment.
It shall include waste material that is toxic, carcinogenic,
genetically harmful, corrosive, irritating or sensitizing, radioactive,
biologically infectious, explosive or flammable.
It includes, but need not be limited to, those materials and
concentrations of materials that are determined to be toxic by the
Federal Secretary of Health and Human Services pursuant to Section
20 (6) of the Occupational Safety and Health Act of 1970 (Public Law
91-596, OSHA) and those materials listed in the current Part 172,
Title 49 of the Code of Federal Regulations issued by the Federal
Department of Transportation.
Shall mean that class of project defined as major in the
90 day rules, N.J.A.C.7:1C-1.
Shall mean the Technical Manual on Stream Encroachment published
by the Department of Environmental Protection (NJDEP) in draft form
in December, 1981 and any subsequent amendments thereto.
Shall mean that class of project defined as minor in the
90 day rules.
Shall mean the Municipal Land Use Law, N.J.A.C. 40:55D-1
et seq.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean additional earth or other fill beyond the total
quantity already present above the low water level of the stream or
ground water level (whichever is higher) in that portion of the project
site which is in the flood hazard area or 100 year flood plain.
Shall mean N.J.A.C. 7:1 (90 Day Construction Permits).
Shall mean any use set forth in N.J.A.C. 7:13-3.2 and 4.5.
Shall mean the non-trout waters identified in the NJDEP's
Surface Water Quality Standards (N.J.A.C. 7:9-4.1 et seq.)
Shall mean a use which shall not be allowed under any circumstances.
Shall mean stream encroachment projects which must be permitted
by the NJDEP and which because of their potentially serious adverse
effects, will be subject to the special conditions described in N.J.A.C.
7:13-5.
Shall mean any use which is subject to the provisions of
the sections of this chapter dealing with regulated uses.
Shall mean any structure, alteration, filling, construction
or other activity within the area which would be inundated by the
100 year flood of any nondelineated stream or within the flood hazard
area of a delineated stream.
Shall mean any assembly of materials above or below the surface
of land or water including, but not limited to, buildings, fences,
except as provided in this chapter, dams, fills, levees, bulkheads,
dikes, jetties, embankments, causeways, culverts, roads, railroads,
bridges and the facilities of any utility or governmental agency.
Trees or other vegetation shall not be considered to be structures.
Shall mean streams that are:
Trout production waters;
Trout maintenance waters;
Non-trout waters upstream from trout production waters (with
or without intervening trout maintenance waters); or
Non-trout waters less than one mile upstream from trout maintenance
waters that are not upstream from trout production waters.
Shall mean the trout maintenance waters identified in the
NJDEP's Surface Water Quality Standards (N.J.A.C. 7:9-4).
Shall mean the trout production waters identified in the
NJDEP's Surface Water Quality Standards (N.J.A.C. 7:9-4).
Shall mean waters that are stocked with trout by the NJDEP's
Division of Fish, Game and Wildlife, as listed in the Fish Code adopted
by the New Jersey Fish and Game Council.
[Ord. No. 86:4 § 4.0]
a.Â
This article shall apply to all regulated uses within the flood fringe
of delineated streams. Regulated uses within the delineated streams
require the approval of NJDEP. Regulated uses are defined in N.J.A.C.
7:13-4.7 and below:
1.Â
Regulated uses are all land uses within the flood fringe area of
delineated streams except for non-regulated uses and prohibited uses
as defined herein and N.J.A.C. 7:13-4.5 and 4.6.
2.Â
No person shall engage in a regulated use within a delineated flood
fringe area or until he has received a stream encroachment permit
from the Board or NJDEP.
3.Â
Prohibited Uses. The disposal of pesticides, industrial wastes, radioactive
materials, petroleum products or other hazardous materials shall not
be permitted within the flood fringe area. Wastewaters and water treatment
plants may be permitted and shall comply with this article.
b.Â
Nonregulated Uses.
2.Â
Nonregulated uses must satisfy the conditions of subparagraph 1 above
and may include, but are not limited to, the following:
(a)Â
Residential: Improvements such as lawns, play areas, gardens,
landscaping, fences, anchored dog houses and auxiliary utility buildings,
driveways, barbecues, and additions of no more than 200 square feet
to existing residential structures.
(b)Â
Private and public recreation: Playing fields, bike paths, picnic
grounds, fences, swimming areas, parks, wildlife and nature preserves,
game farms, hunting and fishing areas, shooting preserves, hiking
and horseback riding trails, tennis courts, basketball courts, driving
ranges, fish hatcheries and anchored auxiliary utility buildings.
(c)Â
Agriculture: General cultivation, pasture, grazing, fences,
irrigation, outdoor plants, nurseries, horticulture, viticulture,
truck farming, forestry, sod farming, and wild crop harvesting.
(1)Â
Additionally, specific soil conservation practices such as terracing,
construction of diversions, subsurface drainage and the construction
of grassed waterways and dug ponds will be considered non-regulated
uses but only when designed and constructed under the supervision
of the appropriate Soil Conservation District.
(2)Â
Anchored plastic covered greenhouses and other anchored auxiliary
utility buildings constructed without permanent foundations, and fences
associated with agricultural uses, are nonregulated.
(d)Â
Utility poles and towers.
[Ord. No. 86:4 § 5.1]
a.Â
The application form must be completed by the applicant or his agent
including all signatures and seals. Notarization is not necessary.
b.Â
The engineering data sheet must be completed and all required information
required by the engineering data sheet for the type of project must
be supplied.
d.Â
Certification of notification required by subsection 25-13.2 for major projects and projects of special concern must be included with the application.
e.Â
Five sets of plans prepared in accordance with requirements outlined
on engineering data sheet.
f.Â
Hydrologic and hydraulic computations (for major projects only) must
be suppled as outlined in the engineering data sheet.
g.Â
Except for applications by government agencies, easements or other
property rights must be obtained before the Board will approve an
application where any work is outside of the applicant's property
or physically affects other properties.
[Ord. No. 86:4 § 5.2]
a.Â
The applicant shall provide proof of notice with an application for
stream encroachment constituting a major project or with a request
for a hardship exemption or with an appeal from the decision of the
Board. The notice shall include a description of the nature and location
of the proposed project, data on the application and a request for
written comment. It shall be sent to the following:
1.Â
Municipal Planning Board, Engineer, Environmental Commission, and
Clerk's Office where the project is located. The Clerk of any municipality,
directly across the stream, if any, and the municipality next downstream
on both sides of the waterway, if within one mile of the project must
be notified;
2.Â
All abutting property owners;
3.Â
County Planning Board, engineer and Mosquito Control Commission;
4.Â
The Soil Conservation District; and
5.Â
Any other agencies or bodies as requested by the Board or the county.
b.Â
Notice sent pursuant to the 90 day rules or the MLUL to the above
listed parties will satisfy the requirement of this section.
[Ord. No. 86:4 § 5.3]
a.Â
A pre-application conference is suggested and may be requested by
the applicant, his agent or his engineer to meet with one of the representatives
of the Board (or Municipal Engineer) to discuss the requirements for
preparation of a specific application.
1.Â
Minutes of the conference will be kept by the Board or Engineer.
b.Â
A pre-application conference may also be used to deliver an application
to the Board to be checked for completeness and accepted for review.
c.Â
A pre-application conference will be scheduled by appointment only.
[Ord. No. 86:4 § 5.4]
a.Â
The Board will provide standard forms and procedures for all applications
and a docket number to identify each application. This docket number
shall be clearly marked on all correspondence and submissions related
to the application.
b.Â
The Board will retain at least one copy of the application, including
detailed drawings of the project showing the floodway line and flood
fringe line and of any additional information required, on file for
public review.
c.Â
Upon receipt of the application, the Board will within 90 days either:
1.Â
Declare the application complete for the purpose of making a review
for determination and decision; or
2.Â
Return the application as unacceptable for further review; the applicant
shall be notified in writing of the reasons for such action; or
3.Â
Request in writing that the applicant submit, within a specific period
of time additional information to assist in its review.
d.Â
When the application is deemed complete, the Board shall provide
for public notice and review. One copy of the application and other
submitted information and a fact sheet stating the following shall
be made available for public review:
1.Â
The docket number;
2.Â
The applicant;
3.Â
The date the application was declared complete by the Board;
4.Â
The date by which interested parties may submit comments concerning
the application. Such date shall be 30 days from the date the application
is declared complete; and
5.Â
The date by which the Board shall approve, condition, or disapprove
the application;
6.Â
A description of the proposed project.
e.Â
The Board shall render its decision and notify the applicant in writing
within 90 days as follows:
f.Â
The Board shall notify all persons who have submitted comments concerning
the application of the decision within five working days after the
decision.
g.Â
To give persons who may object to the issuance of the permit time
to appeal, the permit shall not be valid until 15 days following issuance
of the permit.
[Ord. No. 86:4 § 5.5]
a.Â
The municipality shall establish appeal procedures for application in the flood fringe area which shall provide a fair hearing for persons adversely affected by the municipality's decision including hardship waiver, as described in Section 25-16 concerning an applicant's stream encroachment application.
b.Â
Persons adversely affected shall file an appeal with the appropriate
body within 15 days of the issuance of the permit.
c.Â
A verbatim record must be made of any appellate hearing held pursuant
to paragraph a above.
d.Â
No project may commence construction pending the completion of all
appeal processes.
[Ord. No. 86:4 § 6.0]
The standards outlined in this section shall apply to all regulated
uses in the flood fringe area of delineated streams. For the purposes
of development subject to the flood damage prevention regulations,
the standards in those regulations shall apply wherever stricter than
those described below. Additionally, uses considered by this article
to be nonregulated may be regulated under the flood damage prevention
regulations.
[Ord. No. 86:4 § 6.1]
a.Â
Requirements for Structures Under Regulated Use.
1.Â
Within the flood fringe area of delineated streams, all proposed
structures must be designed and anchored to prevent collapse, lateral
movement and buoyancy.
2.Â
All proposed hospitals, nursing homes, schools, day care centers,
residences and similar non-commercial structures shall be elevated
so the lowest floor, including any basement, is at or above the flood
hazard design elevation along the delineated streams.
(a)Â
At least one driveway and access route to any hospital, school,
nursing home, day-care center or other similar noncommercial structure,
except for individual residences, shall be elevated to comply with
the requirements of paragraph a2 above.
(b)Â
Recreation areas may be allowed to be inundated in low areas
where it is determined that there is acceptable flood damage potential.
3.Â
All proposed commercial and industrial structures, including water
supply and wastewater treatment facilities, shall be elevated so that
the lowest floor, including any basement, is at or above the flood
hazard design elevation along delineated stream.
(a)Â
An exception to this may be allowed if said structures are floodproofed
in a manner which reflects flood velocities, durations, rates of rise,
hydrostatic and hydrodynamic forces, probable evacuation time available
after flood warning, and other similar factors.
(b)Â
The applicant shall submit a plan or document certified by a
licensed professional engineer that the floodproofing measures are
consistent with the design elevation and associates flood factors.
(c)Â
All or any of the following floodproofing measures may be required
so as to result in a dry floodproofed structure:
(1)Â
Installation of watertight doors, bulk-heads, and shutters,
or similar devices;
(2)Â
Reinforced walls to resist water pressures;
(3)Â
Use of membranes or mortars to reduce seepage of water through
walls;
(4)Â
Installation of pumps to remove water from the structures:
(5)Â
Construction of water supply and wastewater treatment systems
in a manner which prevents the entrance of floodwaters;
(6)Â
Pumping facilities, or comparable measures, for the subsurface
drainage systems of buildings to relieve external foundation wall
and basement flood pressures;
(7)Â
Construction that resists rupture or collapse caused by water
pressure or floating debris;
(8)Â
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewage
on storm waters into the structure. Gravity drainage of basements
may be eliminated by mechanical devices;
(9)Â
Location or floodproofing of all electrical equipment, in a
manner which will assure that it is not subject to flooding; and
(10)Â
Adequate emergency electrical power supplies.
4.Â
Parking lots and recreation areas may be allowed to be inundated
where it is determined by the Board that the risk is acceptable.
b.Â
Lawful Pre-Existing Prohibited Structures.
1.Â
Lawful pre-existing prohibited structures damaged by any means other
than flooding may be restored provided that:
2.Â
Lawful pre-existing prohibited structures damaged by flooding may
be restored provided that:
(a)Â
Any expansion or enlargement will not increase the flood damage
potential;
(b)Â
The owner submits an application together with drawings of the
proposed reconstruction and the application is approved by the Board
and building subcode officials; and
(c)Â
Efforts are made to provide floodproofing or other similar techniques
to minimize flood damage to the structures.
[Ord. No. 86:4 § 6.2]
a.Â
Requirements for Fill Under Regulated Uses:
1.Â
Within the flood fringe area of delineated streams, the volume of
net fill and structures to be placed on an applicant's site shall
be limited to occupying 20% of the total volume of net fill which:
(a)Â
Is from within the flood fringe area of delineated streams or
within the 100 year flood plain, but outside of encroachment lines,
of nondelineated streams; and
(b)Â
Which is also from between the natural or existing ground surface,
whichever is lower, and the level of the flood hazard design elevation
along delineated streams or the 100 year storm elevation along nondelineated
streams.
2.Â
It will be shown adversely on submitted plans and in calculations
that this limit of 20% is not being exceeded. There shall be no net
fill in the floodway or within stream encroachment lines except where
a permit has been obtained from NJDEP.
3.Â
All fill shall be graded in a manner so as not to adversely affect
over-land drainage flows.
4.Â
Fill shall be placed so that slopes are not steeper than a ratio
of two horizontal to one vertical.
5.Â
Fill shall be compacted and stabilized in accordance with the "Standards
for Soil Erosion and Sediment Control in New Jersey" or latest amendment
thereto, adopted pursuant to N.J.S.A. 2:90-1.3.
6.Â
When a stream encroachment permit has been granted allowing the placement
of fill, under the provisions of this article, any subsequent subdivision
of the property shall not have the effect of increasing the total
amount of fill allowed to be placed upon the property covered by the
previous permit. Additional fill may be placed on the newly divided
property only to the extent that the original defined property has
not been exceeded.
7.Â
A variance from the requirements of this subsection may be granted
by the NJDEP, on a case by case basis, for Federal, State, County
or municipal highway construction projects, pursuant to N.J.A.C. 7:13-5.4(b).
8.Â
The requirements of this subsection are not applicable to flood control
projects approved as flood control projects by the NJDEP.
9.Â
Where dikes, levees, floodwalls, or other structures, not approved
as flood control projects, impede the entry of floodwaters into an
enclosed space, the enclosed space shall be considered as solid fill
for the purpose of this subsection.
[Ord. No. 86:4 § 6.3]
a.Â
Soil erosion and sediment control measures are required on all submissions
under this subsection if such submissions require disturbance of more
than 5,000 square feet of the surface area of land within the flood
hazard area along delineated streams.
b.Â
The latest revised version of the "Standards for Soil Erosion and
Sediment Control in New Jersey" promulgated by the New Jersey State
Soil Conversion Committee pursuant to the Soil Erosion and Sediment
Control Act of 1975 as amended (N.J.S.A. 4:24-39 et seq.) and N.J.A.C.
2:90-1.3 shall be used in the preparation and submission of stream
encroachment applications.
c.Â
The following additional soil erosion and sediment control requirements
shall also be met:
1.Â
The area of soil disturbance shall be no larger than that which is
necessary for the conduct of the project.
2.Â
Soil disturbance schedules shall be formulated to provide minimum
practicable exposure of soils to erosion.
3.Â
If erosion and sediment control measures such as diversions, sediment
basins, or sediment barriers, which purpose is to divert surface runoff
before it reaches exposed soil or to intercept sediment eroded from
exposed soil, are part of the erosion and sediment control plan, such
measures shall be installed prior to any major soil disturbance or
in their proper sequence to minimize sediment delivery to waterways.
All soil erosion and sediment control practices shall be left in place
until the soil is stabilized by vegetation or engineering measures.
4.Â
In areas where vegetative methods (including "mulch only") are relied
on for erosion and sediment control (without downslope controls to
intercept sediment such as sediment basins or sediment barriers),
seeding, mulching, or placement of sod shall be performed within 48
hours of soil exposure in accordance with the "Standards for Soil
Erosion and Sediment Control".
If weather conditions are unfavorable for seeding, sod placement,
or the subsequent establishment of such vegetation, the area shall
be mulched within 48 hours of soil exposure in accordance with the
"Standards for Stabilization with Mulch Only" in the "Standards for
Soil Erosion and Sediment Control".
d.Â
Slopes exceeding 15% (in areas without downslope sediment controls)
shall be protected within 48 hours of soil exposure by special treatment,
such as water diversion berms, sodding, or approved mulch netting
in accordance with the "Standards for Soil Erosion and Sediment Control".
e.Â
Pumping of sediment-laden water from the dewatering of trenches or
other excavations directly into waterways is prohibited.
f.Â
Pump intakes shall be placed near the water surface to minimize the
sediment content of pumpage.
g.Â
Wherever possible, pumpage shall be piped to sediment basins or sediment
barriers that meet the "Standards for Soil Erosion and Sediment Control",
or mechanical filtration or sedimentation devices shall be used to
minimize the discharge into waterways of sediment in pumpage.
h.Â
As a last resort, special approval may be granted for the pumpage
to be spread onto land as far from the streambank as possible, providing
that care is taken to avoid damaging trees not slated for removal.
[Ord. No. 86:4 § 6.4]
a.Â
All projects involving permanent excavation within the flood fringe,
except as related to the installation of underground utilities or
foundation for structures, shall not have cut faces at slopes steeper
than a ratio of one vertical to two horizontal (1:2).
b.Â
Excavation projects shall not be so deep as to affect any wells in
the surrounding areas or to cause any groundwater pollution.
[Ord. No. 86:4 § 6.5]
a.Â
Material being disposed of within the flood fringe area shall be
spread evenly and should not inhibit the drainage of the area. Such
soil material shall be stabilized within 48 hours according to the
"Standards for Soil Erosion and Sediment Control". Details of the
methods of stabilization shall be included on the plan.
b.Â
The Board may require information and set conditions concerning excavation
methods, contents and disposal sites of any excavated materials except
materials recovered from stream cleaning.
[Ord. No. 86:4 § 6.6]
Retention and detention basis for stormwater management within
the flood fringe area along delineated streams shall be constructed
in accordance with criteria of the State Stormwater Management Regulations
(N.J.A.C. 7:8). Stormwater impoundments, including berms, may be required
to obtain a dam permit from NJDEP where appropriate.
[Ord. No. 86:4 § 6.7]
If manhole areas are to be located within the flood fringe area
along delineated streams, they shall be flush with ground level and
provided with watertight manhole covers.
[Ord. No. 86:4 § 6.8]
a.Â
Consideration shall be given to short and long term primary environmental
effects of any stream encroachment whether or not it is classified
or handled as a project of special concern.
b.Â
Stream encroachment projects shall be carried out in such a manner
as related to the flood hazard area, is minimized to the extent practicable.
Federal, State and local statutes, regulations, and ordinances designed
to minimize or prevent such damage shall be complied with.
[Ord. No. 86:4 § 6.9]
Individual sewage disposal systems within the flood fringe area
shall be constructed in accordance with the New Jersey State's Standards
for the Construction of Individual Subsurface Sewage Disposal Systems,
N.J.S.A. 7:9-2.
[Ord. No. 86:4 § 7.0]
a.Â
To help assure adequate protection of the aquatic life and water
resources from the adverse impacts of some kinds of stream encroachment,
special procedures and standards have been prepared to supplement
the general standards. These special requirements include the following:
1.Â
The classification of some kinds of stream encroachments as a "Project
of Special Concern" which must be reviewed and approved by New Jersey
Department of Environmental Protection.
b.Â
Any project which appears to be a Project of Special Concern, as
defined in N.J.A.C. 7:13-5.2 and below in subsection 24-15.2 must
be reviewed by the Department. If the Department agrees with the classification,
the applicant must apply directly to the Department for a stream encroachment
permit.
[Ord. No. 86:4 § 7.1]
a.Â
A project of special concern shall be any stream encroachment project
in perennial streams with over 50 acres of drainage area, which involves
either or both of the following:
1.Â
Channelization or relocation or a stream for a distance over one
hundred (100') feet (except for low-flow channels constructed as part
of a detention basin) or for a distance over three hundred (300')
feet on either side of a ridge or culvert; or
2.Â
Loss of more than 6,000 square feet of the existing woodland within
twenty-five (25') feet of the banks.
(a)Â
Construction of low dams across perennial, trout associated
streams, except for the reconstruction of repair of existing dams.
3.Â
Stream encroachment projects causing exposure of acid producing deposits
along more than fifty (50') feet of stream channel, if the drainage
area of the stream is over 50 acres. However, this applies to smaller
streams if the stream is trout associated and if the stream is perennial.
b.Â
Projects for construction of Federal, State County or municipal highways, where a variance is requested under N.J.A.C. 7:13-4.7(d)7, (e)3, or subsection 25-14.3 of this article shall be considered projects of special concern.
c.Â
All regulated uses within the floodway plain of nondelineated streams
require a NJDEP review and permit.
[Ord. No. 86:4 § 7.2]
a.Â
Activities otherwise regulated by this article that are located along tidal water bodies and segments of tidal water bodies, shall be exempt from requirements of subsection 25-14.3, provided that the computed flood hazard area elevation at that point is not higher than the level of the 100 year tidal surge at the mouth of the water body.
[Ord. No. 86:4 § 7.3]
All dams, as defined by the New Jersey Safe Dam Act, and this
article, must be submitted to NJDEP for a dam permit.
[Ord. No. 86:4 § 7.6]
a.Â
Bridge approaches within the flood fringe of delineated streams for
bridges that traverse the floodway shall be considered as part of
the permit application for the bridge and must be submitted to NJDEP
for review and approval.
b.Â
Where a project is performed in phases and two or more applications
are submitted, the total length of the affected stream segment shall
be used in applying the criteria in paragraph a above.
c.Â
In addition, stream encroachment projects are projects of special
concern if the Board or NJDEP determines that they would be likely
to produce serious adverse effects, including, but not limited to,
the following:
1.Â
Potential serious adverse effects on the biota of the stream, the
adjoining wetlands, or on the sites where dredge spoils are to be
disposed of including, but not limited to, rare or endangered species.
2.Â
Potential serious degradation of water quality below the NJDEP surface
water quality standards or ground water quality standards.
3.Â
Potential serious adverse effects on water resources including, but
not limited to, adverse effects on potable water supplies, flooding,
drainage, channel stability, navigation, energy production, municipal,
industrial, or agricultural water supplies, fisheries or recreation.
Such adverse effects include damage to potential as well as existing
water uses.
d.Â
Projects affecting the following are always projects of movement;
1.Â
The relationship of the proposed project to the comprehensive land
use plan and flood plain program for the area;
2.Â
Proposed routes to and from the property during flood times;
3.Â
The projected height velocity, and duration of the flood waters expected
at the site during the Design Flood;
4.Â
The type of soil located at the proposed site;
5.Â
A statement concerning the land use and value absent the granting
of the hardship waiver;
6.Â
Information regarding the existing development of the area and the
impact of the additional work;
7.Â
Evidence that the project will not distort the stream's flood carrying
capacity so as to cause substantial problems along the stream; and,
8.Â
An analysis of the extent to which the sediment regimen and water
quality of the stream will be affected by the proposed exemption.
9.Â
A description of the potential effects of the project upon the environment.
e.Â
The applicant shall also submit proof of required public notice for consideration of a hardship waiver as required by subsection 25-13.2.
f.Â
The applicant shall submit the request for a waiver along with the
appropriate documentation to the Board.
g.Â
The Board shall notify the applicant of the results of its review
within 90 days.
[Ord. No. 86:4 § 8.0]
a.Â
A waiver from strict compliance with the requirements of this article
may be granted by the Board for any of the following reasons:
1.Â
Cases in which the Board determines that there is no feasible and
prudent alternative to the proposed project, including the no action
alternative, which would avoid or substantially reduce any anticipated
adverse effects and where the waiver is consistent with the reasonable
requirements of the public health, safety and welfare; or
2.Â
Cases in which the Board determines that the costs of strict compliance
are unreasonably high in relationship to the benefits achieved by
strict compliance; or
3.Â
Cases in which the Board and applicant agree to alternative requirements
that, in the judgment of the Board, provide equal or better protection
to the public health, safety and welfare.
b.Â
No such waiver shall be granted without advance public notice and,
where requested or needed, a fact finding meeting. These requirements
may be waived in emergency situations, as determined by the Board.
c.Â
Where granted, such waivers are subject to the appeal procedures in subsection 25-13.5 of this article. Decisions to grant a hardship waiver may also be appealed to NJDEP under N.J.A.C. 7:13-2.11.
d.Â
In order for the Board to consider a hardship waiver, the applicant
must demonstrate the following:
1.Â
That by reason of the extraordinary or exceptional situation or condition
of the property, the strict enforcement of this section would result
in exceptional and undue hardship upon the applicant in question;
2.Â
That the waiver will not substantially impair the appropriate use
or development of adjacent property and will not pose a threat to
the public health, safety, and general welfare;
3.Â
That the hardship is unique or peculiar to the applicant; and
4.Â
That the exceptional or undue hardship claimed as grounds for the
waiver has not been created by the applicant.
e.Â
The applicant shall submit to the Board with an application for a
hardship waiver as much of the following information as is relevant
to the projects:
1.Â
A plan for flood proofing, the implementation of which shall be a
condition of the waiver;
2.Â
Proof that appropriate steps shall be taken to anchor materials in
order to prevent flotation, collapse, or lateral movement;
3.Â
The relationship of the proposed project to the comprehensive land
use plan and flood plan program for the area;
4.Â
Proposed routes to and from the property during flood times;
5.Â
The projected height, velocity and duration of the flood waters expected
at site during the design flood;
6.Â
The type of soil located at the proposed site;
7.Â
A statement concerning the land use and value absent the granting
of the hardship waiver;
8.Â
Information regarding the existing development of the area and the
impact of the additional work;
9.Â
Evidence that the project will not distort the stream's flood carrying
capacity so as to cause substantial problems along the stream; and
10.Â
An analysis of the extent to which the sediment regimen and water
quality the stream will be affected by the proposed exemption;
11.Â
A description of the potential effects of the project upon the environment.
f.Â
The applicant shall also submit proof of required public notice for consideration of a hardship waiver as required by subsection 25-13.2.
g.Â
The applicant shall submit the request for a waiver along with the
appropriate documentation to the Board.
1.Â
The Board shall notify the applicant of the results of its review
within 90 days.
2.Â
Before making a decision, the Board may request that additional information
and/or documentation be supplied. When additional information is not
provided by the applicant as requested, the waiver will be denied.
h.Â
If the material submitted to the Board by the applicant in support
of the petition for a hardship waiver does not satisfactorily demonstrate
that a hardship waiver is warranted, the Board shall so notify the
applicant by letter advising the applicant that the petition for a
hardship waiver has been denied by the Board and shall also state
the reasons for this denial.
i.Â
The denial of a waiver shall be treated as the denial of an application
without prejudice.
j.Â
A hardship waiver granted pursuant to this section does not relieve
the applicant from obtaining any other approvals, certifications or
permits required by law. A copy of the notification granting the hardship
waiver shall be forwarded to the Bureau of Flood Plain Management.
[Ord. No. 86:4 § 9.0]
In addition to any fee due to the municipality as a result of
the applicant's underlying application for a municipal approval, there
shall be due to the municipality at the time of submission of materials
in support of this application a fee as follows:
[Ord. No. 86:4 § 10.0]
Penalties for noncompliance with the provisions of this article
shall be determined by the municipalities in accordance within applicable
provisions of the M.L.U.L.
