A. 
Statutory authority. The Legislature of the State of New Jersey has in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the New Jersey Flood Hazard and Control Act (N.J.S.A. 58:16A-1 et seq.), and N.J.S.A. 40:48-1 et seq. delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare, including regulations relating to the use of land in flood-prone areas.
[Amended 11-28-2001 by Ord. No. 19-01]
B. 
Findings.
(1) 
The flood hazard areas of the Township of Harding are subject to periodic inundation which may result 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.
(2) 
These flood losses may be aggravated by the cumulative effect of obstructions in areas of special flood hazard, which increase flood heights and velocities and, when inadequately anchored, may cause damage in other areas. Structures and other uses that are inadequately floodproofed, elevated or otherwise inadequately protected from flood damage also contribute to the flood loss.
(3) 
The Federal Insurance Administration has identified areas of special flood hazard within the Township of Harding for the purposes of the National Flood Insurance Program on maps hereinafter identified and incorporated in this article.
C. 
Definitions and word usage. Unless specifically defined in § 225-5, 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 article its most reasonable application.
D. 
Applicability. This article shall apply to all areas of special flood hazard within the Township of Harding.
E. 
Abrogation; greater restrictions to prevail. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. 
Interpretation of provisions. In the interpretation and application of this article, all provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Liberally construed in favor of the Township of Harding.
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
G. 
Warning disclaimer of liability. 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. Nothing in this article shall be construed to imply that land located outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the Township of Harding, any officer or employee thereof or the Federal Insurance Administration for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
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 may result in substantial 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.
F. 
Preserving natural stormwater detention areas.
[Amended 11-28-2001 by Ord. No. 19-01]
The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Township of Harding (FIS)" and the "Flood Insurance Rate Map (FIRM)," dated December 6, 2001, which study and map may be amended from time to time. The Flood Insurance Study and Flood Insurance Rate Map are on file in the office of the Township Clerk, Kirby Hall, Blue Mill Road, New Vernon, New Jersey, and are hereby adopted by reference and declared to be a part of this article.
[Amended 8-2-1982 by Ord. No. 4-82; 9-4-2002 by Ord. No. 11-02; 3-10-2025 by Ord. No. 01-2025]
A. 
No structure or land shall hereafter be constructed, moved, extended, converted, altered or used without full compliance with the terms of this article and other applicable regulations.
B. 
As to any lot which lies wholly or partially within any area of special flood hazard established in § 225-98, a special flood hazard development permit shall be obtained from the Township Engineer pursuant to this article prior to each of the following:
(1) 
The issuance of a construction permit where any portion of the proposed construction, including driveways or utilities, is within the special flood hazard area;
(2) 
The grant of minor or major subdivision approval;
(3) 
The grant of site plan approval;
(4) 
The grant of a conditional use;
(5) 
The issuance of a grading permit or a tree removal permit; or
(6) 
The grant of a use variance; provided, however, that if a special flood hazard development permit has previously been issued after consideration of the same development plans under any of the above applications, it shall not be necessary to obtain another such special flood hazard development permit.
C. 
Application for permit.
(1) 
An application for a special flood hazard development permit shall be made to the Township Engineer on forms available in the office of the Township Clerk, Kirby Hall, Blue Mill Road, New Vernon, New Jersey, and may include, but not be limited to, plans drawn to scale showing the nature, location, dimensions and elevations of the lot and flood hazard area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. An application shall be accompanied by the applicable fees in accordance with Chapter 171 of this Code.
(2) 
Specifically, the following information is required:
(a) 
The elevation of the lowest floor, including the basement, of all structures, by reference to the National Geodetic Vertical Datum of 1929 (NGVD).
(b) 
The elevation to which any structure has been floodproofed, by reference to NGVD.
(c) 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 225-104B(2).
(d) 
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(e) 
The items specified in Checklist C (see Article IX).
[Amended 8-2-1982 by Ord. No. 4-82; 3-10-2025 by Ord. No. 01-2025]
The Township Engineer is hereby appointed to administer and implement this article by granting or denying special flood hazard development permits and applications in accordance with its provisions. Applications that include exceptions from the provisions this article shall be heard and decided upon by the Planning Board in accordance with § 225-102.
[Amended 4-6-1987 by Ord. No. 2-87; 11-28-2001 by Ord. No. 19-01; 3-10-2025 by Ord. No. 01-2025]
The duties of the Township Engineer shall include, but not be limited to:
A. 
Reviewing all applications for special flood hazard development permits so as to determine:
(1) 
Whether the permit requirements of this article have been satisfied.
(2) 
Whether all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required, provided that conditional approvals may be granted in accordance with the provisions of § 225-108.
(3) 
Whether the proposed development is located in a floodway. If located in a floodway, the Township Engineer shall assure that the encroachment provisions of § 225-104 are met.
B. 
When base flood elevation and floodway data has not been provided in accordance with § 225-98, Basis for establishing areas of special flood hazard, obtaining, reviewing and reasonably utilizing any base flood elevation and floodway data available from a federal, state or other source in order to administer § 225-104B(1), Residential construction, and § 225-104B(2), Nonresidential construction.
C. 
Obtaining and maintaining information as follows:
(1) 
Obtaining from each applicant and recording as-built drawings showing the elevation of the lowest floor, including the basement, of all new or improved structures and whether or not the structure contains a basement. Such as-built drawings shall be signed and sealed by a licensed professional engineer.
(2) 
For all applications, including new or substantially improved floodproofed structures:
(a) 
Verifying and recording the actual elevation, by reference to NGVD.
(b) 
Maintaining the floodproofing certifications required in § 225-99C(2)(c).
(3) 
Maintaining for public inspection all records pertaining to the provisions of this article.
D. 
With respect to any proposed alterations of watercourses:
(1) 
Notifying adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Federal Insurance Administration.
(2) 
Requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E. 
Making 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 the actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 225-102.
A. 
The Planning Board shall hear and decide applications for exceptions from the requirements of this article. In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article 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 any proposed structure 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 development to the community.
(5) 
The necessity to a structure or use 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 Master Plan and floodplain management program of that area.
[Amended 11-28-2001 by Ord. No. 19-01]
(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, streets and bridges.
B. 
Upon consideration of the above-mentioned factors and the purposes of this article, the Planning Board may attach such conditions to the granting of exceptions as it may deem necessary to further the purposes of this article.
C. 
The Planning Board shall maintain the records of all applications for exceptions, including technical information, and report the grant of any exceptions to the Federal Insurance Administration upon request.
A. 
Exceptions may be granted for the repair or rehabilitation of historic structures upon the recommendation of the Harding Township Historic Preservation Commission and a finding by the Planning Board that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the exception is the necessary to preserve the historic character and design of the structure.
[Amended 11-28-2001 by Ord. No. 19-01]
B. 
Exceptions shall not be granted within any designated floodway if any increase in water surface elevation during the occurrence of the base flood discharge would result.
[Amended 8-2-1982 by Ord. No. 4-82]
C. 
Exceptions shall only be granted upon a determination that the exception is the minimum necessary, considering the flood hazard, to afford relief from the requirements of this article.
D. 
Exceptions should only be issued upon:
(1) 
A showing of good and sufficient cause.
(2) 
A determination that failure to grant the exceptions would result in exceptional hardship to the applicant.
(3) 
A determination that the granting of an exception will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public as identified in § 225-102; or conflict with existing local laws or ordinances.
E. 
Any applicant to whom an exception is granted shall be given written notice that the structures 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.
A. 
General standards. In all areas of special flood hazard, the following standards are required:
(1) 
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
Utilities. All new and replacement water supply systems shall be designed to minimize or eliminate inflow and infiltration of floodwaters into the systems; new and replacement sanitary sewage systems shall be designed to minimize or eliminate inflow and infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding, 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.
[Amended 4-6-1987 by Ord. No. 2-87]
(4) 
Subdivision, site plan and conditional use proposals. All subdivision, site plan and conditional use proposals involving any land located in an area of special flood hazard shall be consistent with the need to minimize flood damage; all such proposals shall have public utilities and facilities such as, but not by way of limitation, sewer, gas, electrical and water systems located and constructed so as to minimize flood damage; all such proposals shall have adequate drainage provided so as to reduce exposure to flood damage; and base flood elevation data shall be provided for all proposed development.
[Amended 12-9-1991 by Ord. No. 8-91]
(5) 
Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that 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:
[Added 4-6-1987 by Ord. No. 2-87]
(a) 
A minimum of two openings 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.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(6) 
Anchoring manufactured homes. All manufactured homes shall be anchored to resist floatation, 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.
[Added 11-28-2001 by Ord. No. 19-01]
B. 
Specific standards. In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 225-98 or in § 225-101B, the following standards are required:
(1) 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including the basement, at an elevation no lower than one foot above the base flood elevation.
(2) 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, at an elevation no lower than one foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities:
(a) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(b) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(c) 
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 Planning Board as set forth in § 225-99C(2)(c).
[Amended 4-6-1987 by Ord. No. 2-87]
(3) 
All manufactured homes to be located or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is not less than one foot above the base flood elevation.
[Added 11-28-2001 by Ord. No. 19-01]
C. 
Floodways. Located within areas of special flood hazard established in § 225-98 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the high velocity of floodwaters which carry debris and potential projectiles, and cause soil erosion, the following provisions apply:
[Amended 8-2-1982 by Ord. No. 4-82; 11-28-2001 by Ord. No. 19-01]
(1) 
Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless a technical evaluation demonstrates that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) 
All such new construction and substantial improvements shall fully comply with § 225-104.
(3) 
In all areas of special flood hazard in which base flood elevation has been provided and no floodway has been designated, the cumulative 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.
A. 
No structure or substantial alteration within an area which would be inundated by the one-hundred-year design flood of any nondelineated stream shall be made, rebuilt or renewed by any person without the approval of the New Jersey Department of Environmental Protection and without complying with such conditions as the Department may prescribe for preserving such area and providing for the flow of water therein to safeguard the public against danger from waters impounded or affected by such structure or alteration.
B. 
No application for development as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for a structure within any area which would be inundated by the one-hundred-year design flood of any nondelineated stream or for a change in land use within a delineated floodway or any state-administered and -delineated flood -ringe area, when such change would require Department approval, may be granted by any municipality to any person without application to and approval by the New Jersey Department of Environmental Protection pursuant to the Flood Hazard and Control Act, N.J.S.A. 58:16A-50 et seq.
[Amended 9-2-1982 by Ord. No. 4-82; 3-10-2025 by Ord. No. 01-2025]
The Township Engineer shall grant or deny a special flood hazard development permit within 45 days of the submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant; provided, however, that whenever a special flood hazard development permit is requested for purposes of subdivision, site plan, use variance or conditional use approval, the Township Engineer shall grant or deny a special flood hazard development permit within the time required for it or the Township Engineer to act on any pending application for approval of such subdivision, site plan, use variance or conditional use or within such further time as may be consented to by the applicant.
[Amended 3-10-2025 by Ord. No. 01-2025]
In the event that the project, development or work proposed by the applicant for a special flood hazard development permit requires approval by a governmental agency other than the Township Engineer, the Township Engineer shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided, however, that the Planning Board shall make a decision on any application for a special flood hazard development permit within the time period provided in § 225-106 or within an extension of such period as has been agreed to by the applicant, unless the Township Engineer is prevented or relieved from so acting by operation of law.
[Amended 12-9-1991 by Ord. No. 9-91; 3-10-2025 by Ord. No. 01-2025]
Any person aggrieved by a decision of the Township Engineer as to any matters pertaining to this article may appeal such decision to the Superior Court of New Jersey as provided in the Rules of Court.