A.
The flood hazard areas of the Town of Dover 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 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, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
It is the purpose of this Article to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designated 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
sound use and development of areas of special flood hazard so as to
minimize future flood-blight areas.
G.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this Article
includes methods and provisions for:
A.
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.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
Unless specifically defined below or in § 236-5 of this chapter, words or phrases used in this Article shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application:
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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
located within the area of special flood hazard.
A general temporary condition of partial or complete inundation
of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
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.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor."
A structure that is transportable in one or more sections,
built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers. "Mobile
homes" are not permitted in the flood hazard area. When and if "mobile
homes" become a permitted use, the appropriate sections of 1910.3(d)
of the Federal Regulations will apply.
Structures for which start of construction commenced on or
after the effective date of this Article.
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the state of excavation. 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 as
part of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
This Article shall apply to all areas of special
flood hazard within the jurisdiction of the Town of Dover.
The areas of special flood hazard identified
by the Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the Town of Dover,"
dated March 1979, with accompanying Flood Insurance Rate Maps and
Flood Boundary-Floodway Maps, is hereby adopted by reference and declared
to be part of this chapter. The Flood Insurance Study is on file in
the Town Engineer's office, 37 North Sussex Street, Dover, New Jersey
07801.
This Article is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this Article and another ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
Article, all provisions shall be:
The degree of flood protection required by this
Article is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This Article does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This Article shall not
create liability on the part of the Town of Dover, any officer or
employee thereof or the Federal Insurance Administration for any flood
damages that result from reliance on this Article or any administrative
decision lawfully made thereunder.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 236-69. Application for a development permit shall be made on forms furnished by the Construction Official 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 the basement) of all structures.
B.
Elevation in relation to mean sea level to which any
structure has been floodproofed.
C.
Certification by a licensed professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 236-75.
D.
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
The duties of the Construction Official shall
include, but not be limited to:
A.
Permit review. The Construction Official shall:
(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.
B.
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 236-69, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer § 236-76A, Residential construction, and § 236-76B, Nonresidential construction.
C.
Information to be obtained and maintained. The Construction
Official shall:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (including the basement)
of all new or substantially improved structures and whether or not
the structure contains a basement.
(3)
Maintain for public inspection all records pertaining
to the provisions of this section.
D.
Alteration of watercourses. The Construction Official
shall:
(1)
Notify adjacent communities and the state coordinating
agency 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 that the flood-carrying
capacity is not diminished.
E.
Interpretation of FIRM boundaries. The Construction
Official shall make interpretations, where needed, as to the exact
location of the boundaries of the areas of special flood hazard (for
example, where there appears to be a conflict between a mapped boundary
and actual field conditions). Any person contesting the specific location
of the boundary may appeal the interpretation as provided by N.J.S.A.
40:55D-72.
In all areas of special flood hazard, the following
standards are required:
A.
Anchoring. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals 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 shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or five acres (whichever is less).
In all areas of special flood hazard, where base flood elevation data have been provided as set forth in § 236-69, Basis for establishing areas of special flood hazard, or in § 236-74B, Use of other base flood data, the following standards are required:
A.
Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor,
including the basement, elevated to or above base flood elevation.
B.
Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including the basement,
elevated to the level of the base flood elevation or, together with
attendant utility and sanitary facilities, shall:
Located within areas of special flood hazard established in § 236-69 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.
Encroachments are prohibited, including fill, new
construction, substantial improvements and other development, unless
a technical evaluation demonstrates that encroachments shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
