[Ord. No. 2007-1070 § 1]
The Legislature of the State of New Jersey has in N.J.S. 40:48-1
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Township of Branchburg
has adopted this Article.
[Ord. No. 2007-1070 § 1]
It is the purpose of this Article to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
G. To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 2007-1070 § 1]
In order to accomplish its purposes, this Article includes methods
and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C. Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
D. Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[Ord. No. 2007-1070 § 1]
Unless specifically defined below, words or phrases used in
this Article shall be interpreted so as to give them the meaning they
have in common usage and to give this Article its most reasonable
application.
APPEAL
Means a request for a review of the Township Zoning Officer's
interpretation of any provision of this Article or a request for a
variance.
AREA OF SHALLOW FLOODING
Means a designated AO, AH, or VO zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a 1% annual or greater chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Means the land in the flood plain within a community subject
to a 1% or greater chance of flooding in any given year.
BASE FLOOD
Means the flood having a 1% chance of being equaled or exceeded
in any given year.
BASEMENT
Means any area of the building having its floor subgrade
(below ground level) on all sides.
BREAKAWAY WALL
Means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within the
area of special flood hazard.
ELEVATED BUILDING
Means a non-basement building (i) built in the case of a
building in an area of special flood hazard to have the top of the
elevated floor elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water, and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood up to the magnitude of the
base flood. In an area of special flood hazard "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
FLOOD INSURANCE RATE MAP (FIRM)
Means the official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
Means the official report in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
FLOOD OR FLOODING
Means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD PLAIN MANAGEMENT REGULATIONS
Means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain 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.
FLOODWAY
Means 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.
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Means 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.
LOWEST FLOOR
Means the lowest floor of the lowest enclosed area including
basement. An unfinished or flood resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
Means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle".
NEW CONSTRUCTION
Means structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective
date of the flood plain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
Means a vehicle which is (1) built on a single chassis; (2)
400 square feet or less when measured at the longest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light
duty truck; and (4) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348) includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation,
such as clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
Means a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE
Means 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
Means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
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."
VARIANCE
Means a grant of relief from the requirements of this Article
that permits construction in a manner that would otherwise be prohibited
by this Article.
[Ord. No. 2007-1070 § 1]
This Article shall apply to all areas of special flood hazards
within the jurisdiction of the Township.
[Ord. No. 2007-1070 § 1]
The areas of special flood hazard for the Township, Community
No. 340431, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
A. A scientific and engineering report "Flood Insurance Study, Somerset
County, New Jersey (All Jurisdictions)" dated September 28, 2007.
B. Flood Insurance Rate Map for Somerset County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 0039, 0043, 0117, 0119, 0126,
0127, 0128, 0129, 0131, 0133, 0136, 0137, 0138, 0139, 0141; whose
effective date is September 28, 2007.
C. The above documents are hereby adopted and declared to be a part
of this Article. The Flood Insurance Study and maps are on file at
the Township Municipal Building, 1077 US Highway 202 North, Branchburg,
New Jersey.
[Ord. No. 2007-1070 § 1]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this Article and other applicable regulations. Any person who violates
this Article or fails to comply with any of its requirements shall
upon conviction thereof be fined not more than $500 or imprisoned
for not more than 90 days, or both, for each violation. Nothing herein
contained shall prevent the Township from taking such other lawful
action as is necessary to prevent or remedy any violation.
[Ord. No. 2007-1070 § 1]
This Article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Article and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 2007-1070 § 1]
In the interpretation and application of this Article, all provisions
shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the Governing Body; and
C. Deemed neither to limit nor repeal any other powers granted under
State statutes.
[Ord. No. 2007-1070 § 1]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection
8-4.2. Application for a development permit shall be made on forms furnished by the Township Zoning Officer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
B. Elevation in relation to mean sea level to which any structure has
been floodproofed;
C. Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in subsection 8-7.4B; and
D. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 2007-1070 § 1]
The Township Zoning Officer is hereby appointed to administer
and implement this Article by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 2007-1070 § 1]
Duties of the Township Zoning Officer shall include, but not
be limited to:
A. Permit review.
1.
Review all development permits to determine that the permit
requirements of this Article have been satisfied.
2.
Review all development permits to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
3.
Review all development permits to determine if the proposed
development is located in the floodway, assure that the encroachment
provisions of subsection 8-7.5A are met.
B. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with subsection
8-4.2, Basis for Establishing the Areas of Special Flood Hazard, the Township Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsection 8-7.4A, Specific Standards, Residential Construction, and 8-7.4B, Specific Standards, Nonresidential Construction.
C. Information to be obtained and maintained.
1.
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
2.
For all new or substantially improved floodproofed structures:
(a)
Verify and record the actual elevation (in relation to mean
sea level); and
(b)
Maintain the floodproofing certifications required in subsection
8-5.1C.
(c)
Maintain for public inspection all records pertaining to the
provisions of this Article.
D. Alteration of watercourses.
1.
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Dam Safety and Flood Control Section and
the Land Use Regulation Program prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
E. Interpretation of firm boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection
8-4.5.
[Ord. No. 2007-1070 § 1]
In all areas of special flood hazards the following standards
are required:
A. Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.
All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces.
B. Construction materials and methods.
1.
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2.
All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
C. Utilities.
1.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
2.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
[Ord. No. 2007-1070 § 1]
All new construction and substantial improvements having fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A
minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other covering or devices provided that they permit the automatic
entry and exit of floodwaters.
[Ord. No. 2007-1070 § 1]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection
8-4.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 8-5.3B, Use of Other Base Flood and Floodway Data, the following standards are required:
A. Residential construction.
1.
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
to or above base flood elevation;
2.
Require within any AO zone on the municipality's FIRM that all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number is specified). And,
require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
B. Nonresidential construction.
1.
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level of the base
flood elevation; or
2.
Require within any AO zone on the municipality's FIRM that all
new construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor,
including basement, elevated above the highest adjacent grade at least
as high as the depth number specified in feet (at least two feet if
no depth number is specified). And, require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures; or together with the attendant utilities and
sanitary facilities, shall:
3.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
4.
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
5.
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in subsection 8-5.3C2.
C. Manufactured homes.
1.
Manufactured homes shall be anchored in accordance with subsection
8-7.1A.
2.
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is at or above the
base flood elevation.
[Ord. No. 2007-1070 § 1]
Located within areas of special flood hazard established in subsection
8-4.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B. If subsection 8-7.5A is satisfied, all new construction and substantial
improvements must comply with Section 8-7, Provisions for Flood Hazard
Reduction.
C. In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.