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:
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
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 located within the area of special flood hazard.
FLOOD OR FLOODING
A general 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 INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HABITABLE FLOOR
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."
MOBILE HOME
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.
NEW CONSTRUCTION
Structures for which start of construction commenced on or after the effective date of this Article.
START OF CONSTRUCTION
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.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
A. 
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
B. 
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:
A. 
Considered as minimum requirements.
B. 
Liberally construed in favor of the governing body.
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
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.
(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 § 236-77 are met.
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.
(2) 
For all new and 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 § 236-73.
(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.
(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.
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:
(1) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) 
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in § 236-74.
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.
B. 
If § 236-77 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.