Township of Mannington, NJ
Salem County
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[Amended 12-7-2006 by Ord. No. 06-16]
A. 
Purpose.
(1) 
This mandatory residential cluster subdivision section implements the land use principles of Mannington Township, as articulated in the Master Plan Goals and Objectives, Land Use Plan Element and Farmland Preservation Plan Element, among others, and is consistent with applicable Salem County planning documents and the New Jersey State Development and Redevelopment Plan. The overriding policy which will be advanced by this ordinance amendment is the preservation of the Township's agricultural land base and natural open spaces as subdivision of land for residential development occurs. The section also establishes standards for residential cluster subdivision design so as to minimize conflicts between farming activities and nearby residential neighbors.
(2) 
Goals and objectives of this cluster ordinance include:
(a) 
Clustering development on a portion of a tract preserves the balance of the tract for agriculture and open space; this is particularly critical for soils of prime and statewide importance which constitute the core of the Township's agricultural land base;
(b) 
Clustering development provides preserved farmland and/or open space which may be located adjacent to other preserved lands to form large contiguous corridors for farming or environmental preservation;
(c) 
Clustering development provides the opportunity to separate residential units from active agricultural operations on adjacent farmland thus reducing land use conflicts and helping to preserve the viability of farming in the Township;
(d) 
Clustering development provides the opportunity to buffer residential units from view from public rights-of-way, thus protecting the viewshed along public roads and preserving the Township's rural character;
(e) 
Clustering development reduces impervious surface coverage thus reducing the volume of development-related stormwater runoff which must be managed and maximizes the proportion of the tract which is retained for natural stormwater infiltration and aquifer recharge;
(f) 
Clustering development with smaller lots reduces the initial cost of infrastructure (streets and utilities) as compared with conventional subdivision design and also lowers the Township's continuing costs of service and maintenance; and
(g) 
Clustering development on smaller lots fosters social interaction among neighbors.
B. 
Application. Residential cluster refers to a mandatory subdivision design approach for major subdivisions regardless of tract area in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones. Conventional subdivision design standards for the respective districts are being retained in the chapter only for the purpose of calculating the lot yield applicable for residential cluster design.
C. 
Gross density. The permitted gross density of development in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones is indicated in § 70-33, Schedule of District Regulations, and is also a function of the application of any and all related chapter provisions. The number of permitted lots is determined as follows:
(1) 
The maximum number of residential lots permitted under this mandatory residential cluster subdivision section may not exceed the number of lots which would be permitted under a conventional subdivision designed in compliance with all of the Township's applicable zoning, subdivision and design standards for the respective zoning districts and for which each lot could have an approvable well and on-site septic system.
(2) 
To determine the number of permitted lots for a specific parcel, the applicant must submit a sketch plat with the following information:
(a) 
A boundary survey;
(b) 
Floodplains, wetlands, wetland transition areas, and topography at two-foot intervals;
(c) 
Soil types and permeability classifications;
(d) 
In the Agricultural (A) and Conditional Residential (CR) zones, lots with a minimum area of three acres shall be plotted in compliance with all applicable Township, county and state land development standards. In the Conservation (C) Zone, lots with a minimum of five acres shall be plotted in compliance with all applicable Township, county and state land development standards.
[Amended 11-1-2007 by Ord. No. 07-14]
(e) 
Road width and access points must be located in compliance with applicable local and County standards; and
(f) 
Two test borings with permeability tests must be performed for each of the soil types represented on the parcel and a minimum of one test boring with permeability test must be performed for every five acres. The tests shall be performed in compliance with all local, county and state regulations. All tests must be witnessed by either a representative of the Salem County Health Department or by the Township Engineer. The location and results of all tests shall be shown on the sketch plat.
D. 
Bulk requirements. The bulk requirements are predicated on the type of soils and the method of wastewater management, regardless of zoning district, as follows:
Lot Size and Bulk Requirements for Residential Lots in Cluster Development in all Zoning Districts
Soil Permeability Rating
Lot area *
(square feet)
Lot width
(feet)
Front yard
(feet)
Side yard
(feet)
Rear yard
(feet)
K-0, K-1 and K-2
25,000**
125
25
15
15
K-3, K-4 and K-5
20,000**
100
25
15
15
All soil ratings
15,000***
100
25
15
15
All soil ratings
10,000****
80
20
10
15
* Lot areas shown are the minimum. The maximum lot size is a 10% increase over the minimum.
** On-site septic system and private wells.
*** Community wastewater system or community water system.
**** Community wastewater system and community water system.
All requirements of the respective zoning districts other than those specifically superseded by this section shall be continue to apply to residential cluster subdivisions.
E. 
Community design principles. The residential cluster subdivision design shall maximize the utility and aesthetics of the undeveloped farmland and/or open space as well as provide an attractive, walkable neighborhood for the residents. The following community design principles shall guide the design of residential cluster subdivisions:
(1) 
The preserved agriculture/open space area shall be configured in such a manner as to facilitate continued or future agricultural use. Factors to be considered in design should include, but not be limited to, the desirability of locating the farmland/open space on prime soils and/or soils of statewide importance, the desirability of linking the proposed agriculture/open space area to adjacent tracts containing farming operations, the ability to create contiguous tracts of farmland and/or open space and the desirability of maximizing separation between farming operations and residential units.
(2) 
The location of the houses shall be sited to minimize visual intrusions on the rights-of-way of existing Township and county roads by locating farmland and/or open space between clustered homesites and roads to minimize visual intrusions on scenic vistas and viewsheds and any adjoining public lands.
(3) 
Where subdivision tracts include existing farmland operations, the farmland/parcels should include such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
(4) 
Proposed roads should be located within the development portion of the property. It is the intent to keep the open space portion continuous and free of intrusions; however, adequate access must be provided to this area.
(5) 
Existing hedgerows, historic structures, mature trees/woodlands, and orchards should be incorporated into the subdivision design to the extent possible. Residential lots shall be set back at least 100 feet from existing surface water (both total and nontidal), unless a more extensive setback is required by another local, county or state statute or regulation.
(6) 
A pedestrian circulation system shall be designed for residents to walk safely and easily on the site among residential lots, to active or passive open space, to connect to Township greenway path systems and to points of nearby interest.
F. 
Open space requirements. The following requirements govern the character and administration of the required farmland/open space:
(1) 
The open space shall be permanently deed-restricted from further development and shall be utilized either for agriculture, conservation or passive open space as approved by the Planning Board. If the open space is currently farmed, it should continue to be farmed rather than converted to open space.
(2) 
A preservation/conservation easement shall be placed on the farmland/open space at the time of final subdivision approval, permanently restricting the land from being developed. The language of the easement shall be subject to approval by the Township Solicitor.
(3) 
The applicant shall indicate at the time of preliminary subdivision whether the open space is proposed to be dedicated to the Township or owned and maintained by a homeowners' association or open space organization. The dedication of open space to the Township is subject to its acceptance and approval by the Township Committee.
(4) 
The deed of any single-family dwelling sold as part of a cluster development under this section shall contain a notification that the Township Zoning Ordinance specifically includes farming as a permitted use in the Agricultural (A), Conditional Residential (CR) and Conservation (C) Zones and that the open space in the development may be deed-restricted for farming use. Furthermore, prospective purchasers shall be separately informed in writing of the protection the Township Ordinance conveys to agricultural operations.
(5) 
The applicant may be required to provide heavy landscape screening in order to buffer proposed residential lots as viewed from the public right-of-way.
G. 
Utilities.
(1) 
A long-term maintenance plan must be submitted for community wastewater and potable water systems, subject to the approval of the Township Engineer. A qualified licensed operator must be assigned to the operation and maintenance responsibility of any proposed wastewater and/or potable water system. For final subdivision approval, a developer's agreement must be submitted and approved by the Township, outlining the details of the operation and maintenance plan and responsibilities.
(2) 
The Planning Board may require the installation of monitoring wells, at the recommendation of the Township Engineer.
(3) 
The construction, operation and maintenance of any proposed community wastewater and/or potable water system shall be bonded to the Township. The amount and form of such bond shall be subject to the approval of the Township Committee upon recommendation from the Township Engineer (as to amount) and the Township Solicitor (as to form).
[1]
Editor’s Note: Former § 70-39, Flood hazard areas, was renumbered as § 70-39.2 by Ord. No. 16-03, adopted 6-2-2016.
[Added 6-2-2016 by Ord. No. 16-03]
A. 
Statutory authorization, findings of fact, purpose and objectives.
(1) 
Statutory authorization. The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Township Committee of the Township of Mannington, of Salem County, New Jersey, does ordain as follows.
(2) 
Findings of fact.
(a) 
The flood hazard areas of the Township of Mannington are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(b) 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(3) 
Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a) 
Protect human life and health;
(b) 
Minimize expenditure of public money for costly flood control projects;
(c) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) 
Minimize prolonged business interruptions;
(e) 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(f) 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(g) 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(4) 
Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:
(a) 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(b) 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(d) 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
(e) 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
B. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
AH ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
APPEAL
A request for a review of the Zoning Officer's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and' where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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.
COASTAL A ZONE
The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/coastal high hazard areas.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years.
DEVELOPMENT
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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
ELEVATED BUILDING
A non-basement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of Coastal A Zones, elevated buildings also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
FLOOD INSURANCE RATE MAP (FIRM)
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)
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
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
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.
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.
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 accumulatively 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.
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:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the V Zone and the LiMWA will be similar to, but less severe than those in the V Zone.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
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
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred 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.
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
(1) 
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348)[1], includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
(2) 
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
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 condition before damage 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, 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:
(1) 
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
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.
VIOLATION
The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
C. 
General provisions.
(1) 
Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of Mannington, Salem County, New Jersey.
(2) 
Basis for establishing the areas of special flood hazard.
(a) 
The areas of special flood hazard for the Township of Mannington, Community No. 340417, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[1] 
A scientific and engineering report "Flood Insurance Study, Salem County, New Jersey (All Jurisdictions)" dated June 16, 2016.
[2] 
"Flood Insurance Rate Map for Salem County, New Jersey (All Jurisdictions)" as shown on Index and panel(s) referenced as follows, whose effective date is June 16, 2016:
34033C0061C
34033C0062C
34033C0063C
34033C0064C
34033C0066C
34033C0067C
34033C0068C
34033C0069C
34033C0090C
34033C0151C
34033C0152C
34033C0153C
34033C0154C
34033C0156C
34033C0157C
34033C0158C
34033C0159C
34033C0166C
34033C0180C
(b) 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study, maps and advisory documents are on file at Mannington Town Hall, 491 Route 45, Mannington Township, New Jersey 08079.
(3) 
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than the maximum amount set forth in § 1-15A of this Code, or imprisoned for not more than the maximum number days set forth in § 1-15A of this Code, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Mannington from taking such other lawful action as is necessary to prevent or remedy any violation.
(4) 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(5) 
Interpretation. In the interpretation and application of this section, 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.
(6) 
Warning and disclaimer of liability.
(a) 
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
(b) 
This section shall not create liability on the part of the Township of Mannington, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
D. 
Administration.
(1) 
Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(a) 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(b) 
Elevation in relation to mean sea level to which any structure has been floodproofed;
(c) 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E(2)(b); and
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2) 
Designation of administrator. The Zoning Officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
(3) 
Duties and responsibilities of administrator. The duties of the Zoning Officer as administrator of this section shall include, but not be limited to:
(a) 
Permit review.
[1] 
Review all development permits to determine that the permit requirements of this section have been satisfied.
[2] 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3] 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection E(3)(a) are met.
[4] 
Review all development permits in the Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters the terrain or sand dunes so as to increase potential flood damage.
[5] 
Review plans for walls to be used to enclose space below the base flood level in accordance with Subsection E(4)(b)[4].
(b) 
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection E(2)(a), Specific standards, Residential construction, and Subsection E(2)(b), Specific Standards, Nonresidential construction.
(c) 
Information to be obtained and maintained.
[1] 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
[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 D(1)(c).
[3] 
In Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Subsection E(4)(b)[1] and [2][a] and [b] are met.
[4] 
Maintain for public inspection all records pertaining to the provisions of this section.
(d) 
Alteration of watercourses.
[1] 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
[2] 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
(e) 
Substantial damage review.
[1] 
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.
[2] 
Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.
[3] 
Ensure substantial improvements meet the requirements of Subsection E(2)(a) Specific standards, Residential construction, and Subsection E(2)(b) Specific standards, Nonresidential construction.
(f) 
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection D(4).
(4) 
Variance procedure.
(a) 
Planning/Zoning Board to serve as appeal board.
[1] 
The Mannington Township Planning/Zoning Board shall hear and decide appeals, requests for interpretation, and requests for variances relating to the requirements of this section.
[2] 
The Planning/Zoning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Officer in the enforcement or administration of this section.
[3] 
Any interested party aggrieved by the decision of the Planning/Zoning Board may appeal such decision to the New Jersey Superior Court as provided in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and applicable Rules of Court.
[4] 
In passing upon such applications the Planning/Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:
[a] 
The danger that materials may be swept onto other lands to the injury of others;
[b] 
The danger to life and property due to flooding or erosion damage;
[c] 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
[d] 
The importance of the services provided by the proposed facility to the community;
[e] 
The necessity to the facility of a waterfront location, where applicable;
[f] 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
[g] 
The compatibility of the proposed use with existing and anticipated development;
[h] 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
[i] 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
[j] 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
[k] 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
[5] 
Upon consideration of the factors of Subsection D(4)(a)[4] and the purposes of this section, the Planning/Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
[6] 
The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(b) 
Conditions for variances.
[1] 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection D(4)(a)[4][a] through [k] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
[2] 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
[3] 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
[4] 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
[5] 
Variances shall only be issued upon:
[a] 
A showing of good and sufficient cause;
[b] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[c] 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection D(4)(a)[4], or conflict with existing local laws or ordinances.
[6] 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
E. 
Provisions for flood hazard reduction.
(1) 
General standards. In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
(a) 
Anchoring.
[1] 
All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
[2] 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b) 
Construction materials and methods.
[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] 
For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(d) 
Subdivision proposals.
[1] 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
[2] 
All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
[3] 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
[4] 
Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).
(e) 
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or in Subsection D(3)(b), Use of other base flood and floodway data, the following standards are required:
(a) 
Residential construction.
[1] 
For Coastal A Zone construction see Subsection E(4), Coastal A Zone.
[2] 
New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
[3] 
Require within any AO or AH Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(b) 
Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see Subsection E(4), Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities either:
[1] 
Elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
[2] 
Require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
[3] 
Be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water;
[4] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[5] 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection D(3)(c)[2][b].
(c) 
Manufactured homes.
[1] 
Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].
[2] 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
[a] 
Be consistent with the need to minimize flood damage;
[b] 
Be constructed to minimize flood damage;
[c] 
Have adequate drainage provided to reduce exposure to flood damage; and
[d] 
Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
(3) 
Floodways. Located within areas of special flood hazard established in Subsection C(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a) 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) 
If Subsection E(3)(a) is satisfied, all new construction and substantial improvements must comply with Subsection E, 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 accumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
(4) 
Coastal A Zone. Coastal A Zones are located within the areas of special flood hazard established in Subsection C(2). These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:
(a) 
Location of structures.
[1] 
All buildings or structures shall be located landward of the reach of the mean high tide.
[2] 
The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or subdivision.
(b) 
Construction methods.
[1] 
Elevation. All new construction and substantial improvements shall be elevated on piling or columns so that:
[a] 
The bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or columns) is elevated to or above the base flood elevation plus one foot, or as required by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive; and
[b] 
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in Subsection E(4)(b)[4].
[2] 
Structural support.
[a] 
All new construction and substantial improvements shall be securely anchored on piling or columns.
[b] 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
[c] 
Prohibit the use of fill for structural support of buildings within Coastal A Zones on the community's FIRM.
[3] 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection E(4)(b)[1] and [2][a] and [b].
[4] 
Space below the lowest floor.
[a] 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this section shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice work or insect screening are used as provided for in this section.
[b] 
Breakaway walls, open wood lattice work or insect screening shall be allowed below the base flood elevation, provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
[i] 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
[ii] 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
[c] 
If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access, or storage and not for human habitation.
[d] 
Prior to construction, plans for any breakaway wall must be submitted to the Construction Code Official or Building Subcode Official for approval.
(c) 
Sand dunes. Prohibit man-made alteration of sand dunes within Coastal A Zones on the community's DFIRM which would increase potential flood damage.
F. 
Enactment. This section shall take effect on June 16, 2016, after final passage, publication, and the filing thereof with the Salem County Planning Board in the manner prescribed by law, and shall remain in force until modified, amended, or rescinded by the Township of Mannington, Salem County, New Jersey.
The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger; to prevent unsanitary conditions and related hazards; to minimize danger to public health by protecting water supplies, recharge areas and the natural drainage system; and to promote the health, safety and welfare of the residents of Mannington Township and property owners in or near streams or areas subject to flooding.
A. 
Floodplain designation. There are hereby designated within the Township of Mannington, floodplain areas comprised of those sections of the Township which are shown on the map designated as the "Mannington Township Floodplain Map," which is hereby made a part of this chapter.[1]
(1) 
Map filing. For the purpose of defining the application of the floodplain area map to any specific area, the maps, data and other natural sources utilized to establish define, and designate floodplain areas shall be kept on file in the Township Engineers' office and shall be proof of the intended limits of the floodplain areas.
(2) 
Floodway. Within the floodplain areas described above, there are hereby designated floodways as defined in this chapter.
(3) 
Amendment. Any changes in the floodplain map may be recommended by the Township Engineer based upon a proper survey and upstream drainage calculations or as a result of an acceptable engineering delineation by an outside agency. The Township Committee may consider these recommendations for proper enactment as an amendment of this chapter.
[1]
Editor's Note: A Flood Prone Areas Map is included at the end of this chapter.
B. 
Procedures:
(1) 
The designated floodplain shall be shown on all plat plans, site plans, and subdivision plats submitted to the approving authority or administrative office.
(2) 
Applicability of floodplain boundaries or the definition of the floodway to specific sites shall be determined by the Zoning Officer.
C. 
Interpretation:
(1) 
In case of any dispute concerning the boundaries of floodplain areas or floodways as shown on the Mannington Township Floodplain Map, a determination shall be made by the Township Engineer.
(2) 
The Township Engineer may certify that the area is not within the floodplain or that the floodway is smaller than defined by this chapter, if conclusive and documented information is submitted by the applicant.
(3) 
Any party aggrieved by a decision of the Township Engineer as to the proper location of said boundaries may appeal to the Planning/Zoning Board. For the purpose of this section, if the Township Engineer has determined the map boundary lines to be correct, any change in said boundaries applied for shall be considered by the Planning/Zoning Board as an application for use variance. The burden of proof in any such appeal shall be on the applicant.
(4) 
Any appeal to utilize land located within the floodplain for purposes not permitted by this section shall be considered by the Planning/Zoning Board as an application for a use variance.
D. 
Permitted uses:
(1) 
Within the floodway of any floodplain areas, the following uses, excluding structures, and no other, shall be permitted:
(a) 
Pasture, grazing land;
(b) 
Recreational uses not requiring regrading or removal of trees, shrubs or vines such as: park, picnic grove, boating club, but excluding closed structures or storage areas;
(c) 
Game farm, fish hatchery;
(d) 
Hunting, and fishing reserve;
(e) 
Wildlife sanctuary, woodland preserve or arboretum; and,
(f) 
Open areas needed to meet yard and area requirements for any permitted use in this and other zoning districts as specified in this chapter.
(2) 
Within the remaining portions of floodplain areas, all uses listed in the Subsection D(1) above, together with those uses permitted and regulated by this chapter for the zone district shall be permitted provided that:
(a) 
The minimum lot area shall be two acres; or the prevailing lot area requirement for the zoning district, whichever is larger;
(b) 
The maximum lot coverage shall be 5%;
(c) 
Any structure proposed to be erected, constructed or located shall not have a basement; and
(d) 
The first floor elevation of any principal use structure shall be at or above the one-hundred-year flood level as determined by the Township Engineer. Any fill used to raise the existing elevation of a building site, shall not encroach upon the floodway of any watercourse.
(e) 
Any new construction or substantial improvement shall comply with § 70-39.1. Flood damage prevention, above. In the event of any inconsistency between the requirements of this § 70-39.2 and § 70-39.1, above, § 70-39.1 shall govern.
[Amended 6-2-2016 by Ord. No. 16-03]
(f) 
No vegetation removal or regrading of the site shall be carried out within a floodplain unless expressly permitted by the Township Planning/Zoning Board after site plan review. The Board shall further determine that any land disturbance activity shall be the minimum required to accomplish the use to be permitted.
(g) 
No zoning permit shall be issued for any use requiring new or expanded water or sewer facilities, including on-site systems, without evidence of review and approval by the proper health officials, and in addition, a statement by the Township Engineer that said water and/or sewer facilities are so located and/or designed to avoid impairment from flooding.
(h) 
In the case of lots split by the floodplain area designation, all construction and accompanying land disturbance activities shall take place outside the floodplain area, unless construction within or land disturbance of the floodplain area is permitted in accordance with the provisions of this subsection.
(i) 
Any proposed use shall be subject to the site plan review requirements as provided in Part 4 of this chapter. The Planning/Zoning Board may attach additional reasonable conditions as necessary to comply with the intent of this section.
(3) 
Where less than 20% of an existing lot is located within a floodplain area, the uses, as permitted and regulated by this chapter for the zone district in which the area is located, shall apply, provided that no structures are placed within the floodplain area and no fill encroaches upon the floodway.
(4) 
All nonconforming uses, created as a result of the enactment of these regulations, shall not be expanded or be rebuilt or reestablished in the event of their destruction or abandonment, except as provided by this subsection.
E. 
Municipal liability. The granting of a zoning permit in the floodplain area shall not constitute a representation, guaranty or warranty of any kind by the Township of Mannington, or by any official or employee thereof, of the practicability, and safety or flood proof status of the proposed use, nor shall the granting of such a permit create any liability upon the Township of Mannington, its officials or employees.