The Legislature of the State of New Jersey has delegated the responsibility
to local governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the Township
Committee of the Township of East Amwell, County of Hunterdon, State of New
Jersey does ordain the following chapter.
A.
The flood hazard areas of the Township of East Amwell
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 hazards 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 chapter 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
and 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;
H.
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter 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.
Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
A request for a review of the Planning Board's interpretation of
any provision of this chapter or a request for a variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident.
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 area of the building having its floor subgrade (below ground
level) on all sides.
A wall that is not a part of the structural support of the building
and is intended through its construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building
or supporting foundation system.
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 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 high-hazard area to have the bottom of the lowest
horizontal structural member 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 adequately anchored so as not to impair the structural
integrity of the building during a flood of 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 high-hazard, elevated building also includes a building otherwise
meeting the definition of "elevated building" even though the lower area is
enclosed by means of breakaway walls.
A general and 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 hazards 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 .02 foot.
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 as to render the structure in violation of other applicable nonelevation
design requirements.
A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers, travel
trailers and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufactured home" does
not include park trailers, travel trailers and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Structures for which the "start of construction" commenced on or
after the effective date of this chapter.
For other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement
and means the date the building permit was issued, provided that the actual
start of construction, repair, reconstruction, 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, 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.
A walled and roofed building, a manufactured home, or a gas or liquid
storage tank, that is principally aboveground.
Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purposes
of this definition, substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether on not that alteration affects the external
dimensions of the structure. The term does not, however, include 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.
A grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
