The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Borough Council of
the Borough of Riverton of Burlington County, New Jersey does ordain
as follows:
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most reasonable
application.
A ZONE
Areas subject to inundation by the 1-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no Base
Flood Elevations (BFEs) or flood depths are shown. Mandatory flood
insurance purchase requirements and floodplain management standards
apply.
AE ZONE
Areas subject to inundation by the 1-percent-annual-chance
flood event determined by detailed methods. Base Flood Elevations
(BFEs) are shown. Mandatory flood insurance purchase requirements
and floodplain management standards apply.
AO ZONE
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually sheet flow on sloping terrain) where average depths
are between one and three feet.
AH ZONE
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually areas of ponding) where average depths are between
one and three feet. Base Flood Elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
APPEAL
A request for a review of the Construction Official interpretation
of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one percent annual or greater
chance of flooding to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. It is shown
on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
BASE FLOOD
A flood having a one percent chance of being equaled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a 1-percent or greater chance of being
equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
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,
or storage of equipment or materials located within the area of special
flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building
in an Area of Special Flood Hazard, to have the top of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood 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 flood waters.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters and/or
(2)
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 hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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 accumulatively increasing the water surface elevation more
than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(3)
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved State program as determined by the Secretary
of the Interior; or
(b)
Directly by the Secretary of the Interior in States without
approved programs.
LOWEST FLOOR
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 to render the structure in violation
of other applicable non-elevation design requirements of 44 CFR Section
60.3.
MANUFACTURED HOME
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 attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is [i] built on a single chassis; [ii] 400
square feet or less when measured at the longest horizontal projections;
[iii] designed to be self-propelled or permanently towable by a light
duty truck; and [iv] designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
START OF CONSTRUCTION
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)) includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, 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 pilings,
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 or 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. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either:
(1)
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
(2)
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
VARIANCE
A grant of relief from the requirements of this ordinance
that permits construction in a manner that would otherwise be prohibited
by this ordinance.
VIOLATION
The failure of a structure or other development to be fully
compliant with this ordinance. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 60.3(b)(5),
(c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Riverton, Burlington County,
New Jersey.
No structure or land shall hereafter be constructed, re-located
to, extended, converted, or altered without full compliance with the
terms of this ordinance and other applicable regulations. Violation
of the provisions of this ordinance by failure to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this ordinance or fails to comply with any
of its requirements shall upon conviction thereof be fined in accord
with the Borough's General Penalty Provisions at Chapter 1-15
of the Borough Code. Nothing herein contained shall prevent the Borough
of Riverton, from taking such other lawful action as is necessary
to prevent or remedy any violation.
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this ordinance and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the area of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages.
This ordinance shall not create liability on the part of the
Borough of Riverton, any officer or employee thereof or the Federal
Insurance Administration, for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
The Construction Official is hereby appointed to administer
and implement this ordinance by granting or denying development permit
applications in accordance with its provisions.
Duties of the Construction Official shall include, but not be
limited to:
When base flood elevation and floodway data has not been provided in accordance with Section
71-3.2, Basis for establishing the 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 Sections
71-5.2-1, Specific standards, residential construction, and 71-5.2-2, Specific standards, nonresidential construction.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (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 Section
71-4.4.
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, are required:
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: 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.
The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, or other covering
or devices provided that they permit the automatic entry and exit
of floodwaters.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section
71-3.2, Basis for establishing the areas of special flood hazard or in Section
71-4.3-2, Use of other base flood data and floodway data, the following standards are required.
If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the ordinance, which shall remain in full force and effect, and
for this purpose the provisions of this ordinance are hereby declared
to be severable.
This ordinance shall be effective on December 21, 2017 and shall
remain in force until modified, amended or rescinded by the Borough
Council of Riverton, Burlington County, New Jersey.