The Legislature of the State of New Jersey has,
in N.J.S.A. 40:48-1 et seq., or any amendments or supplements thereto,
delegated the responsibility to local government 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 Lumberton, in the State of New Jersey, does ordain the following.
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 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 potential buyers are notified that property
is in an area of special flood hazard.
H. 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 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.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Township of Lumberton.
[Amended 9-26-2017 by Ord. No. 2017-011]
A. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of the Township of Lumberton, Burlington County,
New Jersey. The areas of special flood hazard for the Township of
Lumberton, Community No. 340100, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study, Burlington
County, New Jersey (All Jurisdictions)," dated December 21, 2017.
(2) "Flood Insurance Rate Map for Burlington County, New Jersey (All
Jurisdictions)" as shown on Index and panel(s) 34005C0252F, 34005C0253F,
34005C0254F, 34005C0256F, 34005C0257F, 34005C0258F, 34005C0259F, 34005C0261F,
34005C0262F, 34005C0266F, whose effective date is December 21, 2017.
B. The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file at
the Township of Lumberton, 35 Municipal Drive, Lumberton, New Jersey
08048. DFIRM are also available to be downloaded directly from the
FEMA Flood Map Service Center at the following web address: https://msc.fema.gov/portal/search.
[Amended 8-3-1992 by Ord. No 1992-6; 9-26-2017 by Ord. No. 2017-011; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under §
1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
This chapter is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this chapter and any other ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, 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.
The degree of flood protection required by this
chapter 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 chapter 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 chapter shall not
create liability on the part of the Township of Lumberton, any officer
or employee thereof or the Federal Insurance Administration for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended 9-26-2017 by Ord. No. 2017-011]
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 §
157-7. 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
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 §
157-18B; and
D. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
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 chapter have been satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local government agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the floodway and, if located in the floodway, assure that the encroachment provisions of §
157-19A are met.
B. Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with §
157-7, Basis for establishing areas of special flood hazard, the Construction Official 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 §
157-18, Specific standards, Subsection
A, residential construction, and Subsection
B, Nonresidential construction.
[Amended 3-16-1987 by Ord. No. 1987-5]
C. Information to be obtained and maintained. The Construction
Official shall:
[Amended 9-26-2017 by Ord. No. 2017-011]
(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.
(b)
Maintain the floodproofing certifications required in §
157-12C.
(3) Maintain for public inspection all records pertaining to the provisions
of this chapter.
D. Alteration of watercourses. The Construction Official
shall:
(1) Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, 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.
[Amended 9-26-2017 by Ord. No. 2017-011]
(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. Substantial damage review.
[Added 9-26-2017 by Ord.
No. 2017-011]
(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,
Bureau of Flood Control.
(3) Ensure substantial improvements meet the requirements of §
157-18A, Specific standards: Residential construction; B, Specific standards: Nonresidential construction; and C, Specific standards: Manufactured homes.
F. 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). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §
157-15.
[Amended 1-20-2004 by Ord. No. 2004-1]
A. The Land Development Board, as established by the
Township Committee, shall hear and decide appeals and requests for
variances from the requirements of this chapter.
B. The Land Development Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Construction Official in the enforcement
or administration of this chapter.
C. Those aggrieved by the decision of the Land Development
Board or any taxpayer may appeal such decision to the Superior Court.
D. In passing upon such applications, the Land Development
Board shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other
lands to the injury of others.
(2) The danger to life and property due to flooding or
erosion damage.
(3) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owner.
(4) The importance of the services provided by the proposed
facility to the community.
(5) The necessity to the facility of a waterfront location,
where applicable.
(6) The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage.
(7) The compatibility of the proposed use with existing
and anticipated development.
(8) The relationship of the proposed use to the Comprehensive
Plan and floodplain management program of that area.
(9) The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
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.
(11)
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.
E. Upon consideration of the factors of Subsection
D above and the purposes of this chapter, the Land Development Board may attach such condition to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The Construction Official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
[Amended 3-16-1987 by Ord. No. 1987-5; 9-26-2017 by Ord. No. 2017-011]
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 and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2) All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include but are not to be limited to use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B. Construction materials and methods.
(1) All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
C. Utilities.
(1) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2) New and replacement sanitary sewer 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.
(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. All subdivision proposals and other proposed
new development shall be consistent with the need to minimize flood
damage.
(1) 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;
(2) All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
(3) 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:
(1) 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.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, or other covering
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Amended 3-16-1987 by Ord. No. 1987-5; 2-4-1991 by Ord. No.
1991-1; 9-26-2017 by Ord. No. 2017-011]
A. Residential construction.
(1) 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 (including all electrical,
heating, ventilating, air-conditioning and other service equipment)
and sanitary facilities, elevated at or above the base flood elevation
plus two feet or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive;
(2) Require within any AO or AH Zone on the municipality's DFIRM 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 two feet above the highest
adjacent grade (at least two feet if no depth number is specified);
and
(3) 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 shall have the lowest floor, including basement, together with
the attendant utilities and sanitary facilities, as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either 1) elevated to or above the base flood elevation plus two feet
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 two feet
above the highest adjacent grade (at least two feet if no depth number
is specified); and 3) require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(1) Be floodproofed so that below the base flood level plus two feet
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;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(3) 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 §
157-14C(1).
C. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with §
157-17A(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;
(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;
and
(e)
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
Located within areas of special flood hazard established in §
157-7 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 Subsection
A is satisfied, all new construction and substantial improvements shall comply with applicable flood hazard reduction provisions of §§
157-17 and
157-18.
C. The placement of any manufactured homes is prohibited,
except in an existing manufactured home park or existing home subdivision.
[Amended 3-16-1987 by Ord. No. 1987-5]
D. 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 foot at any point.
[Added 9-26-2017 by Ord.
No. 2017-011]
[Added 8-19-2014 by Ord.
No. 2014-6-003]
The Township Committee hereby orders that all residents which
need to mitigate properties within the Township floodplain must adhere
to the following criteria when mitigating their properties:
A. All structures must be two feet above flood elevation as indicated
on the 2010 preliminary flood maps or most recent advisory flood elevation;
whichever is greater in elevation.
B. All construction must meet state floodplain regulations for the dwelling
and supporting mechanicals.