[Ord. #95-20, § 1]
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter. Site plan review of a modification to a previously approved conditional use shall not be required where the renovations or alterations to the interior or exterior of the building or structure do not involve any enlargement of the building or major structural change as determined by the Construction Code Official.
[Ord. #94-23, §§ 2, 3; Ord. #97-09, § 11; Ord. #2000-12, § 1]
Public utility uses shall be permitted as set forth in Article 13-400 entitled "District Regulations" and only in accordance with the following conditions:
a. 
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and sewage treatment plants, but shall exclude dumps and sanitary landfills.
b. 
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
c. 
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
d. 
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utilities (as such name may be amended from time to time) and the National Electrical Code in effect at the time of the construction.
e. 
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
f. 
Each individual residential use shall provide parking spaces according to the standards discussed in subsection 13-401.2c of this chapter; provided, however, that a lesser number, as determined by the subsidizing governmental authority, can be paved.
[Ord. #89-17, § 2; Ord. #2000-12, § 1]
Senior citizen housing shall be permitted in the VN District only in accordance with the following conditions:
a. 
No site shall contain less than four acres.
b. 
The maximum residential density shall not exceed 15 dwelling units per gross acre.
c. 
No dwelling unit shall contain more than two bedrooms, except that a dwelling unit for a resident manager may contain more than two bedrooms.
d. 
Individual units shall meet the minimum design requirements specified by the New Jersey Housing Finance Agency.
e. 
The maximum building height shall not exceed thirty-five (35') feet and three stories.
f. 
A minimum of one (1.0) parking space shall be provided for each dwelling unit, except that a lesser number, as determined by the subsidizing governmental authority, can be paved.
g. 
A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project; except that where a project is located within three hundred (300') feet of any existing or previously approved park or recreational area, the Planning Board may waive this requirement at the time of site plan review.
h. 
Prior to any Township site plan approval, the following prerequisites shall have been accomplished:
1. 
Verification that there will be adequate utility services and support facilities for the project, including transportation facilities and commercial establishments serving everyday needs, within a one mile walking distance of the proposed site.
2. 
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which, or a parent of children of which is/are 62 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager on the premises.
3. 
Verification of preliminary approval of the project by any State or Federal agency which finances or assists the financing or operation of such housing; except that if approval of the project by the subject State or Federal agency requires prior approval by the Township, then the Township may approve the site plan conditioned upon approval of the project by the appropriate State or Federal agency.
4. 
A bona fide non-profit or limited dividend sponsor shall have been established and approved by the subsidizing governmental authority to develop the project; except that if the subsidizing governmental authority requires prior approval by the Town-ship, then the Township may approve the site plan conditioned upon the establishment of a bona fide sponsor approved by the governmental authority.
5. 
Assurance that all dwelling units are rented or sold only to low and moderate income households and that such units will continue to be occupied by low and moderate income households for a period not less than 30 years.
i. 
One free-standing sign per site, not exceeding eight square feet in area and not exceeding eight (8') feet in height.
[Ord. #95-2, § 6]
a. 
An airport, as defined in Section 13-201, shall be permitted as a conditional use in the R-10 Rural Residential District only in accordance with the following conditions:
1. 
The length of any runway shall not exceed three thousand (3,000') feet; and
2. 
The airport use, buildings and appurtenances, including all runways, are confined within Block 61, Lots 6 and 6Q Farm, as shown on the Official Tax Map of the Township of Bedminster dated September, 1993, and approved by the New Jersey Department of the Treasury, Division of Taxation, Local Property Branch, on March 23, 1994.
b. 
An airport shall be regulated in accordance with subsections 13-401A.4, 13-401A.5 and Section 13-521 of this chapter.
[1]
Editor's Note: Former subsection 13-601.3, Satellite Dish Antennas, previously codified herein and containing portions of Ordinance No. 89-9 was repealed in its entirety by Ordinance No. 92-27. See Section 13-520 for Satellite Dish Antennas.
[Ord. #89-14, § 1; Ord. #90-18, § 4; Ord. #95-37, § 2; Ord. #98-33, § 1; Ord. #99-07, § 4; Ord. #2000-30, §§ 4, 5; Ord. #2008-011, § 1]
a. 
An accessory dwelling unit shall be permitted in the R-10 district only in accordance with the following conditions:
1. 
No more than one accessory dwelling unit shall be permitted on any lot, and such unit may be constructed in an existing or new structure.
2. 
An accessory dwelling unit shall be at least 600 square feet and no more than 1,200 square feet.
3. 
Any lot containing both a principal and an accessory dwelling unit shall be at least 14 acres in area.
4. 
Each dwelling unit shall have its own separate septic system, unless otherwise approved by the Board of Health.
5. 
No rent may be charged for any accessory dwelling unit created after the effective date of adoption of this ordinance.[1] However, accessory units existing legally prior to the effective date of adoption may be rented.
[1]
Editor's Note: This paragraph a5 was adopted December 17, 1990 by Ord. No. 90-18.
6. 
The detached accessory dwelling unit(s) shall be located within one hundred fifty (150') feet of the principal residence or in an agricultural barn that is the responsibility of the occupant of the accessory dwelling unit.
7. 
The access to the accessory dwelling unit(s) must be via the same driveway as the access to the principal dwelling.
b. 
Golf courses/clubs and open air clubs are excepted from the requirements of subsection 13-601.4a1 and 3, above and the replacement conditions are set forth in their respective definitions contained in this chapter.
[Ord. #90-17, A10; Ord. #93-4, § 1; Ord. #2001-34, § 1]
a. 
Nonresidential uses shall be permitted on lots of record existing as of (date of adoption) which contain at least one-quarter (1/4) acre or lots created after (date of adoption) of at least 1/2 acre, and such lots shall conform to the standards for conditional non-residential uses contained in subsection 13-405A.5.
b. 
Nonresidential uses not exceeding 2,000 square feet in total nonresidential floor area shall be permitted in any new or existing structure.
c. 
Site plan review and approval by either the Planning Board or the Zoning Board of Adjustment shall be required. Floor plans for all buildings containing nonresidential uses shall be submitted with an indication of the maximum number of employees expected.
d. 
One building may contain more than one use provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximums specified for nonresidential uses hereinabove and, further, that each use occupies a minimum gross floor area of 750 square feet.
e. 
For existing structures, at least the first fifty (50') feet adjacent to any street line and fifteen (15') feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery. For new structures, parking shall only be permitted in rear yard areas, and such parking shall be located at least fifteen (15') feet from any lot line, which fifteen (15') feet shall be maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.
f. 
The outside storage and/or display of merchandise, product, equipment, waste or similar material or objects shall be prohibited, except as follows: (1) shopping carts at supermarkets which may be stored within accessory building setback distances for the zone in which the use is located, (2) accessory garbage/recycling containers properly shielded in rear yard only, containers for flowers/decorative plantings, nursery stock and benches may be displayed or maintained within accessory building setback distances for the zone in which the principal property use is located, (3) outside public telephones shall be attached to the principal building on a property (the only signage to be associated with the telephone shall be that which is customarily affixed to the equipment to provide operating instructions), (4) U.S. Postal receptacles shall be maintained in accordance with standard postal regulations, (5) up to two outside delivery service receptacles (other than U.S. Postal receptacles) shall be maintained within three (3') feet of the principal building on a property, (6) items permitted through site plan approvals, and (7) automotive related merchandise dispensed at auto-motive service station gas pump locations, i.e., gas and oil; other related service station merchandise, i.e., batteries, tires and the like may only be displayed within three (3') feet of the principal building on a property.
g. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably maintained in good condition.
h. 
Where permitted nonresidential uses occupy any portion of a building or lot, a minimum buffer area of fifteen (15') feet in width shall be provided along any common property line with a residential district or residential use (see subsection 13-804.2t).
i. 
Combined usage for nonresidential and residential uses shall be permitted provided there will be no more than one residential unit per lot.
[Ord. #92-18, § 2]
a. 
Lighting of exterior recreational facilities (tennis courts, riding rings and other uses) shall be designed to minimize its impact on adjoining properties and roadways. This minimization shall be accomplished through the use of shields, proper orientation, selection of fixtures and other controls.
b. 
Lights shall be extinguished not later than 11:00 p.m.
c. 
Light stanchions shall be the minimum practical height for the intended use.
d. 
Illumination levels measured at the property line shall be less than 0.1 footcandles.
[Ord. #94-34, § 1; Ord. #95-43, § 1; Ord. #2000-12, § 1]
a. 
Private use helistops, as defined herein, shall be permitted in all zoning districts in accordance with the following conditions:
1. 
A private use helistop is an area of defined dimensions designated for the landing and take-off of helicopters. Such areas shall be limited to the operation of helicopters which are owned or controlled by the owner or occupant of the premises.
2. 
Private use helistops may not include any refueling, maintenance, repair or hangar facilities except that a tie-down may be provided for, and limited to, a single aircraft.
3. 
The facility shall meet all the requirements for the issuance of a restricted or special private use helistop license by the New Jersey Department of Transportation, Division of Aeronautics.
4. 
Notwithstanding the minimum lot area and bulk requirements for the applicable zoning district, any tract upon which a private use helistop is proposed shall meet the following requirements:
Minimum lot area - 10 acres.
Minimum setback from property lines - The center of the touchdown area shall be located not less than two hundred eighty (280') feet from all property lines and structures.
[Ord. #98-10, § 9]
a. 
Drive-through banks shall be permitted in the VN Zone in accordance with the following conditions:
1. 
Minimum lot area — one acre.
2. 
Minimum distance from the intersection of two public streets to the bank driveway — three hundred (300') feet.
3. 
Minimum distance from the bank driveway to any other driveway — one hundred (100') feet.
4. 
At least the first forty (40') feet adjacent to any street line and twenty-five (25') feet adjacent to any lot line shall not be used for parking and shall be suitably landscaped.
5. 
Each drive-through bank shall provide at least one bypass lane to allow customers to exit the queue and depart the premises.
[Ord. #98-33, § 7; Ord. #2000-05, § 1; Ord. #2001-04, § 1; Ord. #2001-12, § 1; Ord. #2003-34, § 1; Ord. #2004-02, § 1; Ord. #2008-07, § 3]
a. 
A golf course/club, as defined in Section 13-201, shall be permitted as a conditional use in the "R-10" Rural Residential zone only subject to the following condition:
1. 
The tract and/or tracts on which the golf course/club is constructed have at least two hundred fifty (250') feet frontage on a State or County road, and shall achieve access exclusively from a State or County road, except for emergency access and from residential lots contiguous to said golf course/club.
[Ord. #99-15, § 5]
a. 
Any school, open air club or house of worship, with a gross floor area exceeding 3,900 square feet shall be a conditionally permitted use subject to compliance with the following conditions ensuring that the principal structure for such use is situated on a roadway or roadways intended to accommodate substantial intensity and volume of traffic:
1. 
Sites with a gross floor area exceeding 3,900 square feet but less than 15,000 square feet shall be located on and achieve primary access from collector or arterial roads as designated in the Bedminster Township Master Plan.
2. 
Sites with a gross floor area exceeding 15,000 square feet shall be located on and achieve primary access from arterial roads as designated in the Bedminster Township Master Plan.
3. 
Emergency access to such sites may be provided from a local road provided such access is solely for emergency vehicle use.
b. 
All schools, open air clubs and houses of worship shall also be regulated in accordance with Section 13-525 of this chapter.
[Ord. #2001-001, § 5]
a. 
As adaptive re-use of existing structures is encouraged, the following conditions shall apply to currently existing structures for which a facility to support agriculture is proposed:
1. 
All vehicles used in receiving or for delivery must be loaded, unloaded and parked inside the building or behind the building;
2. 
All inventories must be located and stored behind closed doors when not being loaded for pickup or delivery.
3. 
All outdoor storage and/or display of any type of merchandise is prohibited;
4. 
Access must be from a County road or an arterial road as designated in the Master Plan of the Township of Bedminster;
5. 
The hours of operation are limited in the R-10 zone from 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 7:00 p.m. on Saturday and Sunday; and
6. 
The building's appearance must be compatible with the existing character and agricultural uses of Bedminster Township. The building must not have show windows or indoor displays. The following design standards shall be met:
(a) 
There shall be minimal exterior lighting;
(b) 
There shall be no amplified sound;
(c) 
There shall be rear parking for employees;
(d) 
Empty pallets must be stored inside the building;
(e) 
Existing signage ordinances shall apply; and
(f) 
Customer pickup shall be permitted only at the rear, side or inside the structure.
b. 
A facility to support agriculture shall also be a conditional use in a new structure, which is not an existing structure at the time of the conditional use application, and subject to the following conditions:
1. 
All conditions of the existing structure conditions set forth above shall apply;
2. 
No masonry buildings are to be constructed or permitted. Only barns of the pole barn construction type shall be proposed and built for a new building for a facility to support agriculture;
3. 
Existing driveways must be utilized and there shall be no new driveway cuts for a new facility to support agriculture structure.
4. 
New structures shall be required to meet all setback requirements for primary detached dwelling uses or a setback of the existing buildings, whichever is greater;
5. 
The maximum square footage of the new building for a facility to support agriculture use is 5,000 square feet of the floor space; and
6. 
Front and side setbacks for any new structure proposed for a facility to support agriculture shall be two hundred (200') feet.
[Ord. #90-4, § 1; Ord. No. 2017-13 § 9]
Excepting for residential dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building; skylights, spires, cupolas, flagpoles, chimneys, lightning rods or similar structures; may be erected above the height limits prescribed by this chapter, but in no case, with the exception of farm silos, more than 15% more than the maximum height permitted for the use in the district. Farm silos shall have no height restriction.
[Ord. #99-23, § I]
One registered commercial vehicle (with the exception of contractor's equipment regulated under Section 13-602.6 of this chapter) of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is not parked on a street and is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five (5') feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle utilized in connection with any business, whether or not said vehicle is registered as a "commercial" vehicle with the New Jersey State Division of Motor Vehicles; except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm, or construction equipment which is used on the site for construction purposes. (See subsection 13-602.6)
The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.
[Ord. #2000-12, § 1]
Trailers, boats, boat trailers, motor homes and/or campers which are twenty-one (21') feet or more in length as measured from outside dimensions, including hitching devices, shall be parked or stored within an enclosed building at all times. Trailers, boats, boat trailers, motor homes, and/or campers less than twenty-one (21') feet in length may be parked or stored outside the confines of a building only in accordance with the following:
a. 
All trailers, boats, boat trailers, motor homes, and/or campers shall be stored in side or rear yard areas only; no trailer, boat, boat trailer, motor home, and/or camper shall be parked or stored in the front yard area of a lot or upon a street;
b. 
The area devoted to storage of trailers, boats, boat trailers, motor homes, and/or campers shall not exceed 7% of the lot area or 400 square feet whichever is less;
c. 
Any trailer, boat, boat trailer, motor homes, and/or camper parked in the side or rear yard area of any lot shall meet the applicable zoning district regulations governing setbacks of accessory buildings from property lines and buildings; and
d. 
To obscure from view the maximum extent possible, any trailer, boat, boat trailer, motor home, and/or camper parked or stored in a side or rear yard area and not in an enclosed building shall be screened by plantings at least six (6') feet in height.
e. 
No boat, motor home or camper shall be used for temporary or permanent living quarters while stored on a lot.
Notwithstanding the above, the dimensions of trailers, boats, boat trailers, motor homes, and/or campers shall not be counted in determining total building coverage.
[Ord. #99-23, § II]
In all zone districts, there shall be no parking of contractor's equipment such as contractor's equipment in transit, contractor's special trailers, dump trucks, bulldozers, graders, backhoes, commercial trailers, and similar construction vehicles and equipment, except such contractor's equipment may be permitted (i) when parked on-site at the construction site during the period of construction, (ii) within the confines of any construction business approved by the appropriate municipal approving agency, or (iii) within the confines of any construction business possessing nonconforming rights under Section 13-507 of this chapter. Under no circumstances, however, shall the owner of any construction business allow any other person or legal entity to park contractor's equipment within the confines of such construction business.
No townhouse or apartment dwelling unit shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter.
Each building and complex of buildings shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.
All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
All parking facilities shall be on the same site as the building and located within one hundred fifty (150') feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.
Dwelling units shall have access to a master television antenna system and individual townhouse units may not erect individual external television antennas.
Each dwelling unit shall have the following minimum net habitable floor areas:
Apartments
Townhouses
Efficiency
500 sf.
1 bedroom
600 sf.
1 bedroom
700 sf.
2 bedroom
725 sf.
2 bedroom
850 sf.
3 bedroom
875 sf.
3 bedroom
1,000 sf.
For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be kept locked and separated from the belongings of other occupants.
No townhouse dwelling unit shall be less than twenty (20') feet wide.
[Ord. #94-25, § 2]
Each townhouse dwelling unit may be a maximum of two and one-half (2-1/2) stories and thirty-five (35') feet in height.
Lot and yard dimensions encompassing individual town-house dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met.
The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five (5') feet from any driveway or parking lot area.
No lot line shall be located closer than fifteen (15') feet from any tract property line or any "collector" street, nor closer than ten (10') feet from any "local" street.
No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.
The mapping of the critical areas within Bedminster Township is indicated on the map entitled "Critical Areas" dated October 1987. As noted on the map, the basis for the delineation of flood plain areas was the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated September 30, 1982; the basis for the delineation of steep slope areas was the U.S. Geological Survey Slope Maps, Raritan, Gladstone and Bernardsville Quadrangles, 1970 revision with slope overlay; and the basis for the mapping of wetlands was the National Wetlands Inventory, U.S. Department of the Interior, Raritan, Gladstone and Bernardsville Quadrangles.
Regarding flood plain areas, it is recognized that more flood plain areas exist in the Township than those already mapped. Moreover, the State Department of Environmental Protection, Division of Water Resources, in accordance with the Flood Hazard Area Control Act (N.J.S.A. 58-16A-50 et seq.), has adopted N.J.A.C. 7:13 and will be mapping the "flood hazard areas" in Bedminster Township. The Department of Environmental Protection mapping shall take precedence when completed. Until such time that this mapping is completed, Bedminster Township shall obtain, review and reasonably utilize any base flood elevation and data available from any Federal, State or other source in order to administer the standards of this section.
Additionally, while information depicted on the three maps has been prepared as accurately as possible, nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers the "critical areas" categories of information depicted on the map.
Finally, while not included as a "Critical Areas" environmental factor per se, Hydric Soils have been mapped as part of the Land Use Plan portion of the Bedminster Township Master Plan, and are subject to regulations in this chapter and any State and/or Federal laws which may supersede them.
[Ord. #2000-12, § 1; Ord. #07-16; amended in its entirety 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of Township of Bedminster (hereinafter "these regulations").
[Added 4-17-2023 by Ord. No. 2023-002]
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 13-605.2-102 of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
a. 
Protect human life and health.
b. 
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
c. 
Manage the alteration of natural floodplains, stream channels and shorelines;
d. 
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
e. 
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
f. 
Contribute to improved construction techniques in the floodplain.
g. 
Minimize damage to public and private facilities and utilities.
h. 
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
i. 
Minimize the need for rescue and relief efforts associated with flooding.
j. 
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
k. 
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
l. 
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
[Added 4-17-2023 by Ord. No. 2023-002]
Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Bedminster administer and enforce the State building codes, the Township Committee of Township of Bedminster does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
[Added 4-17-2023 by Ord. No. 2023-002]
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section 13-605.2-103.14.
[Added 4-17-2023 by Ord. No. 2023-002]
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
[Added 4-17-2023 by Ord. No. 2023-002]
The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.
[Added 4-17-2023 by Ord. No. 2023-002]
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this subsection 13-605.2 and other applicable regulations. Violation of the provisions of this subsection 13-605.2 by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this subsection 13-605.2 or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
Each day in which a violation of this subsection 13-605.2 exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Any person who is convicted of violating this subsection 13-605.2 within one year of the date of a previous violation of subsection 13-605.2 and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the subsection, but shall be calculated separately from the fine imposed for the violation of this subsection 13-605.2.
[Added 4-17-2023 by Ord. No. 2023-002]
Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this subsection 13-605.2 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
[Added 4-17-2023 by Ord. No. 2023-002]
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The Township of Bedminster was accepted for participation in the National Flood Insurance Program on January 5, 1984.
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Township Engineer's office, 1 Miller Lane, Bedminster, New Jersey.
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
1. 
Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study Somerset County, New Jersey (ALL Jurisdictions)" dated November 4, 2016 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is September 28, 2007 are hereby adopted by reference.
Table 102.2(1)
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34035C0026
9/28/2007
E
34035C0028
9/28/2007
E
34035C0029
9/28/2007
E
34035C0031
9/28/2007
E
34035C0033
9/28/2007
E
34035C0034
9/28/2007
E
34035C0036
9/28/2007
E
34035C0037
9/28/2007
E
34035C0038
9/28/2007
E
34035C0039
9/28/2007
E
34035C0041
9/28/2007
E
34035C0042
9/28/2007
E
34035C0043
9/28/2007
E
34035C0044
9/28/2007
E
34035C0063
9/28/2007
E
34035C0127
9/28/2007
E
34035C0131
9/28/2007
E
2. 
Federal Best Available Information. Township of Bedminster shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this subsection 13-605.2 must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2)
Map Panel #
Preliminary Date
Map Panel #
Preliminary Date
34035C1031F
3/26/2021
3. 
Other Best Available Data. Township of Bedminster shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Bedminster. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 13-605.2-102.2a1 and a2, above. This information shall be used for floodplain regulation purposes only.
4. 
State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in Section 13-605.2-201, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3) List of State Studied Waters
Name of Studied Water
File Name
Map Number
Middle Brook
U0000044
MD-1
Middle Brook
U0000045
MD-2
Middle Brook
U0000046
MD-3
Middle Brook
U0000047
MD-4
N Branch Raritan River
U0000052
NB-1
N Branch Raritan River
U0000053
NB-2
N Branch Raritan River
U0000054
NB-3
N Branch Raritan River
U0000055
NB-4
N Branch Raritan River
U0000056
NB-5
N Branch Raritan River
U0000057
NB-6
N Branch Raritan River
U0000058
NB-7
N Branch Raritan River
U0000059
NB-8
Peapack Brook
U0000086
PE-1
Lamington River
U0000027
LA-2
Chambers Brook
U0000008
CH-1
Chambers Brook
U0000009
CH-2
Chambers Brook
U0000010
CH-3
Chambers Brook
U0000011
CH-4
Clucas Brook
U0000015
CL-1
Clucas Brook
U0000016
CL-2
Herzog Brook
U0000017
HZ-1
Hoopstick Brook
U0000022
HO-1
Lamington River
U0000026
LA-1
Lamington River
U0000028
LA-3
Lamington River
U0000029
LA-4
Lamington River
U0000030
LA-5
Lamington River
U0000031
LA-6
Lamington River
U0000032
LA-7
Lamington River
U0000033
LA-8
Lamington River
U0000034
LA-9
Lamington River
U0000035
LA-10
Rockaway Creek
U0000089
RC-1
Rockaway Creek
U0000090
RC-2
Trib A, Rowe Brook, Hollow Brook
U0000121
TA-1
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this subsection 13-605.2.
At a minimum, the Local Design Flood Elevation shall be as follows:
1. 
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 13-605.2-102.2, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2. 
For any undelineated watercourse (where mapping or studies described in 13-605.2-102.2a1 and a2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:
(a) 
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
(b) 
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section 13-605.2-105.2-3.
3. 
AO Zones - For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.
4. 
Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.
5. 
Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
The Township Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 107 of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The duties of the Floodplain Administrator shall include but are not limited to:
1. 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 13-605.2-102 of these regulations.
2. 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
3. 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
4. 
Determine whether additional flood hazard data shall be obtained or developed.
5. 
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
6. 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 13-605.2-103.14 of these regulations.
7. 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
8. 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 13-605.2-107 of these regulations.
9. 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
10. 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
11. 
Inspect development in accordance with Section 106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12. 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 13-605.2-107 of these regulations.
13. 
Cite violations in accordance with Section 13-605.2-108 of these regulations.
14. 
Notify the Federal Emergency Management Agency when the corporate boundaries of Township of Bedminster have been modified.
15. 
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 13-605.2-102.2.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
[Added 4-17-2023 by Ord. No. 2023-002]
It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
1. 
Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or
2. 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in 13-605.2-102.2 and 13-605.2-102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 13-605.2-103.15.
[Added 4-17-2023 by Ord. No. 2023-002]
Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
[Added 4-17-2023 by Ord. No. 2023-002]
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.
[Added 4-17-2023 by Ord. No. 2023-002]
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
[Added 4-17-2023 by Ord. No. 2023-002]
A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
[Added 4-17-2023 by Ord. No. 2023-002]
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
[Added 4-17-2023 by Ord. No. 2023-002]
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
[Added 4-17-2023 by Ord. No. 2023-002]
All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this subsection 13-605.2 unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this subsection 13-605.2. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
1. 
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 13-605.2-101.5, performed in the floodplain regulated by this subsection 13-605.2 in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
4. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
5. 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
[Added 4-17-2023 by Ord. No. 2023-002]
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
1. 
Identify and describe the development to be covered by the permit.
2. 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
3. 
Indicate the use and occupancy for which the proposed development is intended.
4. 
Be accompanied by a site plan and construction documents as specified in Section 105 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
5. 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
6. 
Be signed by the applicant or the applicant's authorized agent.
[Added 4-17-2023 by Ord. No. 2023-002]
The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
[Added 4-17-2023 by Ord. No. 2023-002]
A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
1. 
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
2. 
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2.
3. 
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 13-605.2-105.2a3 of these regulations.
4. 
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
5. 
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. 
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. 
Extent of any proposed alteration of sand dunes.
8. 
Existing and proposed alignment of any proposed alteration of a watercourse.
9. 
Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
1. 
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
2. 
Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
3. 
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
1. 
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 13-605.2-105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
2. 
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. 
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 13-605.2-105.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
4. 
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
5. 
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
[Added 4-17-2023 by Ord. No. 2023-002]
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
1. 
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 13-605.2-801.2 shall be submitted to the Construction Official on an Elevation Certificate.
2. 
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 13-605.2-801.2 shall be submitted to the Construction Official on an Elevation Certificate.
3. 
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 13-605.2-801.2.
4. 
Final inspection. Prior to the final inspection, certification of the elevation required in Section 13-605.2-801.2 shall be submitted to the Construction Official on an Elevation Certificate.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
The Land Use Board shall hear and decide requests for variances. The Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 13-605.2-107.5, the conditions of issuance set forth in Section 13-605.2-107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
A variance to the substantial improvement requirements of this subsection 13-605.2 is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this subsection 13-605.2, and the variance is the minimum necessary to preserve the historic character and design of the structure.
[Added 4-17-2023 by Ord. No. 2023-002]
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
[Added 4-17-2023 by Ord. No. 2023-002]
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 13-605.2-105.3a1 of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
1. 
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
2. 
The danger to life and property due to flooding or erosion damage.
3. 
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
4. 
The importance of the services provided by the proposed development to the community.
5. 
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
6. 
The compatibility of the proposed development with existing and anticipated development.
7. 
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
8. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
9. 
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
10. 
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, streets, and bridges.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
Variances shall only be issued upon:
1. 
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
2. 
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
3. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
4. 
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
[Added 4-17-2023 by Ord. No. 2023-002]
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
[Added 4-17-2023 by Ord. No. 2023-002]
Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
[Added 4-17-2023 by Ord. No. 2023-002]
A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
[Added 4-17-2023 by Ord. No. 2023-002]
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this subsection 13-605.2, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
AH ZONES
Areas subject to inundation by 1%-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.
AO ZONES
Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
See SPECIAL FLOOD HAZARD AREA.
ASCE 7
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary 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.
BEST AVAILABLE FLOOD HAZARD DATA AREA
The areal mapped extent associated with the most recent available preliminary 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.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation 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.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING
Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION
A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
a. 
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
b. 
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.
DEVELOPMENT
Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 - 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD OR FLOODING
a. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
Mudslides (I.e. mudflows) which are proximately caused by flooding as defined in paragraph a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
b. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a1 of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
FLOODPROOFING
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.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
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.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to Section 13-605.2-107 of this subsection 13-605.2, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Land Use Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
d. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved State program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in States without approved programs.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:
a. 
Prior to January 31, 1980; or
b. 
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
c. 
c. Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this subsection 13-605.2 to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT
A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.
MANUFACTURED HOME
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, 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. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
RESIDENTIAL
Pursuant to the ASCE 24:
a. 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
b. 
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
c. 
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL
The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION
The Start of Construction is as follows:
a. 
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, 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.
b. 
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, 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 slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.
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.
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, 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:
a. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
b. 
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."
THIRTY DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this subsection 13-605.2 has been issued.
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
VARIANCE
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this subsection 13-605.2 is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
1. 
All such proposals are consistent with the need to minimize flood damage.
2. 
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
3. 
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. 
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
2. 
Residential building lots shall be provided with adequate buildable area outside the floodway.
3. 
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall bemet.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 13-605.2-105.3a1 of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section 13-605.2-105.3a1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 13-605.2-801.2 of this subsection 13-605.2 and the floodway requirements of N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
The following are prohibited activities:
1. 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
2. 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
[Added 4-17-2023 by Ord. No. 2023-002]
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
[Added 4-17-2023 by Ord. No. 2023-002]
Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
[Added 4-17-2023 by Ord. No. 2023-002]
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
[Added 4-17-2023 by Ord. No. 2023-002]
Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
[Added 4-17-2023 by Ord. No. 2023-002]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 13-605.2-801.2.
[Added 4-17-2023 by Ord. No. 2023-002]
All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301 (c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.
[Added 4-17-2023 by Ord. No. 2023-002]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
[Added 4-17-2023 by Ord. No. 2023-002]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 13-605.2-801.2.
[Added 4-17-2023 by Ord. No. 2023-002]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 13-605.2-801.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 13-605.2-801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
[Added 4-17-2023 by Ord. No. 2023-002]
Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
[Added 4-17-2023 by Ord. No. 2023-002]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 13-605.2-801.2 for habitable buildings and Section 13-605.2-501.3.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
1. 
Be located and constructed to minimize flood damage;
2. 
Meet the limitations of Section 13-605.2-105.3a1 when located in a regulated floodway;
3. 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section 13-605.2-102.3;
4. 
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
5. 
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 13-605.2-102.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
(a) 
Specifically allowed below the Local Design Flood Elevation; and
(b) 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
6. 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
7. 
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
[Added 4-17-2023 by Ord. No. 2023-002]
Construction and Elevation in A Zones not including Coastal A Zones.
a. 
No portion of a building is located within a V Zone.
b. 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
c. 
All new construction and substantial improvement of any habitable building (as defined in Section 13-605.2-201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 13-605.2-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
d. 
All new construction and substantial improvements of non-residential structures shall:
1. 
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 13-605.2-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
2. 
Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:
(a) 
Meets the requirements of ASCE 24 Chapters 2 and 7; and
(b) 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.
e. 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
1. 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
2. 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section 13-605.2-801.2d2 are met;
3. 
Be constructed to meet the requirements of ASCE 24 Chapter 2;
4. 
Have openings documented on an Elevation Certificate; and
5. 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(a) 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(b) 
The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
(c) 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;
[Added 4-17-2023 by Ord. No. 2023-002]
Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
[Added 4-17-2023 by Ord. No. 2023-002]
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 13-605.2-105.3a1 of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 13-605.2-107.
[Added 4-17-2023 by Ord. No. 2023-002]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 13-605.2-105.3a1 of these regulations and N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 13-605.2-105.3a1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
a. 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
b. 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 13-605.2-105.3a1 of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
[Added 4-17-2023 by Ord. No. 2023-002]
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
[Added 4-17-2023 by Ord. No. 2023-002]
Temporary structures and temporary storage in floodways shall meet the requirements of Section 13-605.2-105.3a1 of these regulations.
[Added 4-17-2023 by Ord. No. 2023-002]
[Added 4-17-2023 by Ord. No. 2023-002]
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
[Added 4-17-2023 by Ord. No. 2023-002]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section 13-605.2-102.3.
[Added 4-17-2023 by Ord. No. 2023-002]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section 13-605.2-102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Added 4-17-2023 by Ord. No. 2023-002]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 13-605.2-801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
[Added 4-17-2023 by Ord. No. 2023-002]
Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 102.3.
[Added 4-17-2023 by Ord. No. 2023-002]
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section 13-605.2-102.3.
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
a. 
Prohibited Uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated flood plain. The following uses shall be prohibited:
1. 
Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.
2. 
Dumping or discharging untreated domestic sewerage or industrial waste, either solid or liquid.
3. 
Storage or disposal of pesticides.
4. 
Storage or processing of materials that are in time of flooding buoyant, flammable or explosive.
5. 
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
b. 
Permitted Uses in Floodways. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a 1% chance of being equaled or exceeded in any given year.
Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the State Department of Environmental Protection, the Somerset County Planning Board and the Bedminster Township Planning Board. The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, play yards, picnic areas, golf courses and boat landings shall be permitted. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Bedminster Township Planning Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.
c. 
Permitted Uses in the Flood Fringe Areas. Within any flood fringe area, the accepted practices of soil husbandry and farming as well as restricted uses in the nature of parks, wildlife preserves and undeveloped common open space shall be permitted provided site plan approval is acquired from the Township. Additionally, detached dwellings may be constructed on lands within the flood fringe area provided that the lowest habitable floor is at a minimum of one (1') foot above the flood hazard design elevation and provided further that:
1. 
The floor area ratio not exceed one and one-half (1 1/2%) percent; and
2. 
The lot coverage not exceed two and one-half (2 1/2%) percent.
The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the flood plain. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:
a. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
c. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
d. 
All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into the flood waters.
e. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
f. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
g. 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not limited to, the 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.
h. 
All subdivision proposals shall be consistent with the need to minimize flood damage.
i. 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
j. 
All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
k. 
All subdivision proposals shall have adequate drain-age provided to reduce exposure to flood damage.
l. 
Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.
m. 
The construction of storm water detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.
n. 
The installation of an adequate flood warning system shall be required.
o. 
The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.
p. 
New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one (1') foot above the flood hazard area design flood elevation.
q. 
All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces or 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 and must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1') foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
r. 
New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one (1') foot above the design flood elevation or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following flood-proofing measures may be required:
1. 
Installation of watertight doors, bulkheads and shutters, or similar devices.
2. 
Reinforced walls to resist water pressure.
3. 
Use of paints, membranes or mortars to reduce seepage of water through walls.
4. 
Addition of weights to structures to resist flotation.
5. 
Installation of pumps to lower water levels of structures.
6. 
Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over the sidewalk and under the sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate water course or drainage system.
7. 
Construction that resists rupture or collapse caused by water pressure or floating debris.
8. 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or storm waters into the structure; gravity drainage of basements may be eliminated by mechanical devices.
9. 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
s. 
Where and when permitted, fill shall be no lower than one (1') foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least fifteen (15') feet beyond the limits of any structure erected thereon.
t. 
Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one (1') foot above the flood hazard design elevation.
[Ord. #1431, § 1; Ord. #2000-12, § 1]
Exceptions from the conditions of this section may be issued by the Bedminster Township Planning Board in conformance with the following provisions:
a. 
For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.
b. 
If an increase in flood levels within any designated floodway or flood fringe area would not occur during the design flood.
c. 
Upon a determination that the exception is the minimum necessary to afford relief considering the flood hazards.
Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the flood plain.
The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Township of Bedminster or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. #95-49, § 5]
a. 
The purpose of this subsection is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss and erosion and the degradation of surface water.
b. 
The applicant shall prepare a steep slope map based on ten (10') foot contour intervals showing slope classes of zero to fourteen and nine tenths (0% - 14.9%) percent, fifteen to twenty-five (15% - 25%) percent, and greater than 25%. The map shall also include a calculation of the area of proposed disturbance of each slope class on each existing and proposed lot, as well as within any proposed road right-of-way.
c. 
Roads and driveways should be designed to follow the natural topography to the greatest extent possible to minimize the disturbance of steep slope areas.
d. 
Isolated topographic features with slopes greater than 25% may be disturbed without regard to the limitations in e below as long as the area of sloped disturbance does not exceed 1,000 square feet.
e. 
On slopes greater than 25%, no development, regrading, or stripping of vegetation shall be permitted unless the disturbance is for roadway or utility construction and it can be demonstrated that the roadway or utility improvements are necessary in the sloped area for the reasonable use of the land and no better location for the improvement exists. The sloped area to be developed, regraded, or stripped of vegetation shall be shown on the plat or plan. Disturbed areas shall be stabilized as soon as possible after construction. On-tract and off-tract improvements required by the municipality are exempted from these requirements where no feasible alternative location exists for the public improvement.
f. 
The development of single-family residential lots in existence prior to the adoption of this subsection shall be exempt from the slope development restrictions of this section.
[Ord. #95-49, § 5]
a. 
An on-site wetland delineation shall be prepared by a qualified consultant as part of the submission of any major subdivision or major site plan application if any of the following conditions exist on the applicant's property:
1. 
Hydric or Wetland soils as identified in the Somerset County Soil Survey.
2. 
Wetlands as identified on the U.S. Fish and Wildlife Service or NJDEP Wetland Maps.
3. 
On-site vegetation or soil conditions which indicate the probable presence of wetlands.
b. 
Documentation. All wetlands and transition areas required pursuant to N.J.S.A.C. 7:7A-1 et seq. (N.J. Freshwater Wetlands Protection Act Rules) shall be clearly shown on all plats or site plans submitted for approval.
c. 
Wetland Protection Standards. To prevent adverse impacts on delineated wetlands, the following guidelines should be employed:
1. 
A snow fence should be installed in the area of disturbance outside of the final wetland transition area boundary line prior to the commencement of on-site construction, so as to prevent encroachment into these regulated areas.
2. 
A silt fence and/or hay bales should be installed downstream from disturbance areas adjacent to the State-mandated wetland transition line (or buffer) so as to prevent the transport of silt into the wetland areas.
3. 
All final plats or final site plans shall include the wetland line(s) identification number as assigned by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
4. 
The applicant should avoid unnecessary encroachment into State-regulated wetland areas. All existing on-site vegetation within or adjacent to the wetland areas should be preserved to the greatest extent possible.
5. 
Prior to signing of the final plat or site plan, the applicant shall provide evidence of the filing of any deed restriction required by NJDEP to permit transition area modification.
[Ord. #95-49, § 5]
No development, except driveway or other access crossings, shall be located within any stream corridor unless the applicant can demonstrate that there is no feasible or practical alternative location for the development, and the applicant conforms to the requirements of paragraph a below.
a. 
The following information shall be supplied as part of any application for development within a stream corridor. Such information shall be in addition to information otherwise required for site plan or subdivision review.
1. 
Delineation of stream corridors.
2. 
A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land.
3. 
A demonstration of how suitable techniques such as erosions and soil stabilization measures, including permanent revegetation with indigenous plant and tree species, sediment traps and nutrient control by vegetation filters or other mechanisms, will be incorporated to protect the stream.
b. 
In the case of an application for development on a lot which contains a stream corridor or portion of a stream corridor, a conservation easement shall be provided according to Section 13-506d for the continued protection of the stream corridor.
[1]
Editor's Note: Former Section 13-606, Affirmative Marketing of Low and Moderate Income Housing Units, previously codified herein and containing portions of Ordinance Nos. 96-09 and 2000-44 was repealed in its entirety by Ordinance No. 09-004. See Section 13-906, Affordable Housing.
[Ord. #2001-06, § 1]
a. 
Within any PUD or PRD, land area equal to a minimum of 30% of the tract of land proposed for residential development shall be specifically set aside for conservation, open space, flood plain, recreation and/or other common open space. Land utilized for street rights-of-way shall not be included as part of the above 30% and no more than 1/2 of the minimum 30% land area may be critical lands.
b. 
In its preparation of the set-aside common open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township Master Plan prepared by the Planning Board. High priority concerns include:
1. 
The location and construction of adequate recreational facilities throughout the Township for public use;
2. 
The conservation of stream rambles throughout the Township for passive recreational use;
3. 
The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, 500 year flood plains, wetlands, and treed acreage.
4. 
The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space.
The Township shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.
c. 
Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.
d. 
Common open space may be deeded to the Township or dedicated to an open space organization or trust, with incorporation and bylaws to be approved by the Planning Board. If common open space is not dedicated and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.
1. 
If the applicant proposes that the common open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space.
2. 
All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.
e. 
In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed 65 days, within which time the deficiencies shall be cured.
1. 
If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.
2. 
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing upon 15 days written notice to such organization and to the owners of the development to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine such organization is ready and able to maintain said open space and recreation areas in reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.
3. 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.
4. 
Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation of the organization shall be submitted for review by the Planning Board prior to the granting of final approval by the Township.
[Ord. #2001-06, § 1]
a. 
Within any PUD or PRD, the applicant shall submit, with the application for development, a narrative description of the mechanism to be used to insure that the required affordable dwelling units are rented or sold only to low and moderate income households and that such units will continue to be occupied by low and moderate income households for a period not less than 30 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted. The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low and moderate income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations.
b. 
Every low and moderate income housing unit shall be sold at a monthly carrying cost (assuming a 10% down payment and including mortgage principal and interest payments, property taxes, homeowners association fees and insurance, but excluding utilities) not exceeding 28% of the household's annual gross income, or rented at a monthly rent (including an allowance for utilities) not exceeding 30% of the household's annual gross income; provided that the sales prices and rent levels shall be set so as to be affordable to households with incomes between 40% and 50% of the median, for low income households, and between 65% and 80% of the median, for moderate income households. Maximum rents and sale prices shall be established based on the following assumptions on occupancy of units by household size:
Efficiency
1 person
1 bedroom
1-2 persons
2 bedrooms
3 persons
3 bedrooms
4-5 persons
c. 
For purposes of this chapter, low income households are those with an income no greater than 50% of the median household income of the Middlesex-Somerset-Hunterdon Primary Metropolitan Statistical Area, adjusted for household size, and "moderate income households" are those with incomes no greater than 80% and no less than 50% of the median household income of the Middlesex-Somerset-Hunterdon Primary Metropolitan Statistical Area, adjusted for household size. These maximum household income levels for low and moderate income households correspond to the "very low income" and "low income" levels designated by the U.S. Department of Housing and Urban Development (HUD) for its Section 8 Rental Assistance Program and available from its Newark Area Office.
1. 
At least 25% of the required number of low and moderate income units shall be rental units. The developer shall insure that 50% of the rental units shall be provided for low income households and 50% for moderate income households. Moreover, the bedroom mix of the "low" and "moderate" income units shall, at a minimum, contain the following distribution of unit types: 1-bedroom 45%; 2-bedrooms 20%; and 3-bedrooms 10%.
2. 
At least 25% of the required number of low and moderate income units, and such additional units as may be required to achieve the low and moderate income housing requirements within the development, shall be dwellings for sale. The developer shall insure that 50% of said sale units shall be provided for low income households and 50% for moderate income households. Moreover, the bedroom mix of the "low" and "moderate" income units shall, at a minimum, contain the following distribution of unit types: 1-bedroom 45%; 2-bedrooms 20%; and 3-bedrooms 10%.
3. 
If the Planning Board determines, upon proofs submitted by the applicant, that low and moderate income housing units are more likely to be produced by the waiver of the mix requirements set forth in subsections 13-606A.2c1 and 13-606A.2c2 hereinabove, the Planning Board may, subject to such appropriate conditions as it may impose, permit the applicant to provide only rental or only sale units; provided, however, that if only sale units are proposed, the applicant shall propose a program for eliminating the necessity of down payments on up to 25% of the affordable units.
d. 
Low and moderate income housing units shall be situated on the development tract in locations no less desirable than the other dwelling units within the development, and shall be at least equally accessible to common open space, community facilities and shopping facilities.
[Ord. #2007-20, § 1]
a. 
Purpose. The purpose of this section is to facilitate enforcement of the provisions of the Bedminster Township Affordable Housing Program as well as to enforce the requirement of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
b. 
Noncompliance a Violation. Any person or entity who violates any terms, conditions or requirements of the Bedminster Township Affordable Housing Program as set forth in this chapter, as amended from time to time; violates any of the terms, conditions or requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as may be amended from time to time; violates any of the terms, conditions or requirements of the Substantive and Procedural Rules of the New Jersey Council on Affordable Housing ("COAH") which appear at N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:95-1 et seq., as amended from time to time; or violates the Uniform Housing Affordability Controls, terms, conditions or requirements as issued by the New Jersey Housing and Mortgage Finance Agency appearing at N.J.A.C. 5:80-26.1 et seq., as amended from time to time shall be subject to punishment in accordance with the general penalty provisions of this Code as they appear Section 1-5.
[Ord. #97-27, § 2; Ord. #2012-001, § 1]
It is the intent and purpose of this section to implement the Air Safety and Zoning Act of 1983 (the "Act") and its regulations (the "Regulations") found at N.J.A.C. 16:62-1.1 et seq., as such Act and the Regulations may be amended from time to time and incorporated into this section by formal approval of the Township Committee at a regular or special meeting called for such purpose. The minimum standards for the control of airport and aeronautical hazards and standards for land use adjacent to the Airport as set forth in the Regulations are hereby adopted by the Township of Bedminster. Since the Regulations may be amended from time to time, the reader is advised to independently verify any revisions made to the Regulations.
[Ord. #97-27, § 2; Ord. #2012-001, § 1]
For the purposes of this Section 13-607 only (unless indicated herein to have a broader meaning in this chapter), all defined terms set forth in the Regulations are incorporated herein and made a part of this Section 13-607 as though fully set forth herein at length. Notwithstanding the foregoing, the following definitions of airport and aircraft from N.J.A.C. 16:54-1.3 shall apply to this Section 13-607:
AIRCRAFT
Shall mean any contrivance now known or hereafter invented, used or designed for air navigation or flight in the air. It includes, but is not limited to: airplanes, airships, blimps, dirigibles, gyroplanes, gliders, helicopters, hot air or gas balloons, seaplanes, tiltrotors, and ultralights.
AIRPORT
Shall mean a designated area of land, water, or both, which is licensed for the landing and takeoff of airplanes and other aircraft, and which may provide facilities for shelter, security, and service of aircraft, utilized by the general public for such purposes, publicly or privately owned and licensed by the Commissioner of the Department of Transportation as a public use airport, and which was an airport existing as of the adoption of the December 30, 1946 Bedminster Township Zoning Ordinance.
[Ord. #97-27, § 2; Ord. #2012-001, § 1]
Pursuant to the Act and Regulations, the Airport Safety Zones in Bedminster Township, including the runway end subzones, the runway subzones and the clear zones for Somerset Airport pursuant to N.J.A.C. 16:62-3.1 to 3.5 are as set forth on Exhibit A hereto as delineated by the New Jersey Department of Transportation. Exhibit A is entitled "Airport Safety Zone, Somerset County, Bedminster Township," including the "Legend" and "Bedminster Airport Layer," dated March 2, 2012, prepared by Ferriero Engineering, Inc. (Exhibit A may be found on file in the Township offices.)
[Ord. #97-27, § 2; Ord. #2012-001, § 1]
Within the safety zones delineated in N.J.A.C. 16:62-3.1, the Township, pursuant to N.J.A.C. 16:62-2.1, has adopted the required ordinances which implement the following standards for land use around airports. Prohibited land uses, which are also set forth in N.J.A.C. 16:62-5.1, are specifically prohibited without the written approval of the Commissioner of the New Jersey Department of Transportation ('NJDOT'). Such prohibited land uses may be allowed by the Commissioner on airport property when they are determined necessary by the Director of the Division of Aeronautics within the NJDOT for air commerce purposes or for the operation of the airport and its vendors directly serving air commerce needs. An example of this is a flight school.
a. 
Permitted Land Uses.
1. 
Residential single-family dwelling units which are situated on a lot at least 10 acres in size (other than lots existing at the time of the adoption of this section, but in no event less than five acres in size) and not located in a CLEAR ZONE; provided, however, that nothing herein shall prevent or prohibit any applicant seeking development approvals from utilizing the lot size averaging provisions of subsection 13-401A.7 of this chapter;
2. 
Open space;
3. 
Farms and agricultural uses;
4. 
Public and private streets and roads;
5. 
An airport as a conditionally permitted use as defined in this chapter, including any use of airport land or buildings or portions thereof customarily incidental and subordinate to the principal airport use of the land or buildings.
b. 
Prohibited Land Uses.
1. 
Residential single-family dwelling units not situated on a lot of at least 10 acres in size (other than lots existing at the time of the adoption of this section, but in no event less than five acres in size); provided, however, that nothing herein shall prevent or prohibit any applicant seeking development approvals from utilizing the lot size averaging provisions of subsection 13-401A.7 of this chapter;
2. 
Planned unit developments, townhouses and multi-family dwellings;
3. 
Hospitals;
4. 
Schools;
5. 
Commercial use, except for an airport, including any use of airport land or buildings or portions thereof customarily incidental and subordinate to the principal airport use of the land or buildings.
6. 
Industrial uses;
7. 
Above ground bulk tank storage of compressed flammable or compressed toxic gases and liquids;
8. 
Within the Runway End Subzones only, the above ground bulk tank storage of flammable or toxic gases and liquids;
9. 
Uses that may attract massing birds, including landfills;
10. 
Above grade major utility transmission lines and/or mains.
c. 
Modification of Minimum Lot Size Requirement. In the event that the lot size requirements within the Airport Safety Zones are hereinafter modified by the Township, the minimum lot size set forth in paragraphs a1 and b1 above shall automatically be modified consistent with any such modification made by the Township; provided, however, that under no circumstances shall the minimum lot size upon which residential single-family dwelling units may be situated be less than the minimum lot size requirement set forth in Section 16:62-5.1(a)1.I of the Regulations.
[Ord. #97-27, § 2; Ord. #2012-001, § 1]
A pre-existing land use which is located within a CLEAR ZONE as delineated in the Regulations and not in conformance with these regulations shall be classified as a "nonconforming use" as such term is defined in this Chapter 13.
[Ord. #2012-001, § 1]
No person shall violate the provisions of N.J.A.C. 16:62-4.1 and 16:62-4.2 unless as expressly permitted to do so as set forth herein Section 13-607, the Act or the Regulations.
[Ord. #2012-001, § 1]
The Township Zoning Officer is designated to enforce Section 13-607. If the Zoning Officer determines that any person is in violation of the provisions of Section 13-607, the Zoning Officer shall issue the person a written notice to remediate such violation within 45 days. If the person fails to remediate the violation within the 45-day period, the Zoning Officer shall issue a summons to the person. If the person is found guilty by the Municipal Court, the person shall be subject to a penalty in accordance with Section 13-1005.