Borough of Tuckerton, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 107.
Uniform construction codes — See Ch. 132.
Docks and wharves — See Ch. 142.
Mobile home parks — See Ch. 196.
Subdivision of land — See Ch. 231.
Sewer system — See Ch. 217.
Site plan review — See Ch. 220.
Streets and sidewalks — See Ch. 229.
Water and sewers — See Ch. 249.
Zoning — See Ch. 255.
[Adopted 9-18-2006 by Ord. No. 20-2006.[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 166, Flood Hazards, adopted 3-21-1983 by Ord. No. 3-1983, as amended.
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.
A. 
The flood hazard areas of the Borough of Tuckerton 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 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 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, 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; and
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 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; and
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
A. 
Unless specifically defined below, words or phases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. 
As used in this article, the following terms shall have the meanings indicated:
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
[Added 4-1-2013 by Ord. No. 1-2013]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent-annual-chance event depicted on the Advisory Flood Hazard Map.
[Added 4-1-2013 by Ord. No. 1-2013]
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
[Added 4-1-2013 by Ord. No. 1-2013]
APPEAL
A request for a review of the Zoning Officer's interpretation of any provision of this article or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO 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
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
AREAS OF SPECIAL FLOOD-RELATED EROSION HAZARD
The land within a community which is most likely to be subject to severe flood-related erosion losses. After a detailed evaluation of the special flood-related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map.
BASE FLOOD
The flood having a one-percent 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 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.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
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.
ELEVATED BUILDING
A nonbasement building: a) 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 b) 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 floodwaters. In areas of coastal high hazard elevated buildings also includes a building otherwise meeting the definition of elevated building even though the lower area is enclosed by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
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.
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.
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.
FLOOD-RELATED EROSION
The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD-RELATED EROSION AREA or FLOOD-RELATED EROSION-PRONE AREA
A land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion.
FLOOD-RELATED EROSION AREA MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
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.
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.
FREEBOARD
A requirement adding height above the base flood elevation to provide an extra margin of protection to account for waves, debris, blocked bridge or culvert openings, and the hydrological effect of urbanization of the watershed.
[Added by 12-3-2012 by Ord. No. 10-2012]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed 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 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, useable 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 nonelevation design requirements.
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 recreation vehicle.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE
A vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the longest horizontal projections; c) designed to be self-propelled or permanently towable by a light-duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REFERENCE FEATURE
The receding edge or bluff or eroding frontal dune or, if such a feature is not present, the normal high water line or the seaward line of permanent vegetation if a high water line cannot be identified.
SIXTY-YEAR SETBACK
A distance equal to 60 times the average annual long-term recession rate at a site, measured from the reference feature.
THIRTY-YEAR SETBACK
A distance equal to 30 times the average annual long-term recession rate at a site, measured from the reference feature.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
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 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 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 before-damaged condition 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 equals or 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:
[Amended 4-1-2013 by Ord. No. 1-2013]
(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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this article that permits construction in a manner that would otherwise be prohibited by this article.
This article shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Tuckerton, Ocean County, New Jersey.
[Amended 4-1-2013 by Ord. No. 1-2013; 9-2-2014 by Ord. No. 8-2014]
A. 
The areas of special flood hazard for the Borough of Tuckerton, Community No. 340395, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report, "Flood Insurance Study, Ocean County, New Jersey (all jurisdictions)," dated March 28, 2014.
(2) 
Flood Insurance Rate Map for Ocean County, New Jersey (all jurisdictions) as shown on Index and Panel(s) Nos. 0576, 0577, 0578 and 0581, the effective date of which is March 28, 2014.
B. 
The above documents are hereby adopted and declared to be a part of this article. The Flood Insurance Study and maps are on file at Borough Hall, 140 E. Main Street, Tuckerton, New Jersey 08087.
[Amended 3-5-2007 by Ord. No. 2-2007]
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Tuckerton from taking such other lawful action as is necessary to prevent or remedy any violation.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and 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 article, 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.
A. 
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 area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B. 
This article shall not create liability on the part of the Borough of Tuckerton, 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 § 166-7. Application for a development permit shall be made on forms furnished by the Zoning Officer 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 § 166-17B; and
D. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Zoning Officer is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
A. 
Permit review. He shall:
(1) 
Review all development permits to determine that the permit requirements of this article 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; assure that the encroachment provisions of § 166-18A are met.
(4) 
Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.
B. 
When base flood elevation and floodway data has not been provided in accordance with § 166-7, the Zoning Officer 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 § 166-17A and § 166-17B.
C. 
Information to be obtained and maintained. He shall:
(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); and
(b) 
Maintain the floodproofing certifications required in § 166-12C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this article.
D. 
Alteration of watercourse. He shall:
(1) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Floodplain Management Section 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.
(2) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
E. 
Interpretation of FIRM boundaries. He shall 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 filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 166-15.
A. 
Appeal board.
(1) 
The Land Use Board as established by the Borough of Tuckerton shall hear and decide appeals and requests for variances from the requirements of this article.
(2) 
The Land Use Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Officer in the enforcement or administration of this article.
(3) 
Those aggrieved by the decision of the Land Use Board, or any taxpayer, may appeal such decision to the governing body as provided by law.
(4) 
In passing upon such applications, the Land Use Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article; and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
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; and
(k) 
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.
(5) 
Upon consideration of the factors of § 166-15A(4) and the purposes of this article, the Land Use Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6) 
The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
B. 
Conditions for variances.
(1) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (k) in § 166-15A(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on; or
(d) 
Victimization of the public as identified in § 166-15A(4), or conflict with existing local laws or ordinances.
(6) 
Any applicant to whom a variance is granted shall be given written notice that the structure 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.
[Amended 4-1-2013 by Ord. No. 1-2013]
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 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; and
(4) 
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.
(1) 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
(2) 
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;
(3) 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(4) 
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 the 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 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.
[Amended by 12-3-2012 by Ord. No. 10-2012; 4-1-2013 by Ord. No. 1-2013; 6-3-2013 by Ord. No. 5-2013; 9-2-2014 by Ord. No. 8-2014; 4-6-2015 by Ord. No. 2-2015]
In all areas of special flood hazards except coastal high hazard areas, where base flood elevation data have been provided as set forth in § 166-7 or in § 166-14B, the following standards are required:
A. 
Residential construction.
(1) 
In A or AE Zones, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation and required freeboard as per § 166-17D.
(2) 
Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) or applicable freeboard, whichever is greater; and, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(3) 
New construction and substantial improvement of any residential structure in a zone other than those covered in Subsection A(1) and (2) above shall have the lowest floor, including basement, elevated to or above base flood elevation.
B. 
Nonresidential construction.
(1) 
In A or AE Zones all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, attendant utilities and sanitary facilities, elevated to the level of the base flood elevation and applicable freeboard; or
(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 effects of buoyancy; and
(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 official as set forth in § 166-14C(2).
(2) 
Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) or applicable freeboard requirement, whichever is greater; and, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(3) 
New construction and substantial improvement of any structure in a zone other than those covered in Subsection B(1) and (2) above shall have the lowest floor, including basement, elevated to or above base flood elevation; or
(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 effects of buoyancy; and
(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 official as set forth in § 166-14C(2).
C. 
Manufactured homes.
(1) 
Manufactured homes shall be anchored in accordance with § 166-16A(2).
(2) 
All manufactured homes to be placed 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 at or above the base flood elevation, plus any applicable freeboard.
D. 
Additional freeboard requirements.
(1) 
In the V and VE Zones and all areas of the Tuckerton Beach section of the Borough (defined as all properties located in the R-50 Zone south of Bass Road), all new construction or substantial improvement of any residential, commercial, industrial or other nonresidential structure or manufactured home shall have the lowest floor, including basement, elevated to at least the depth number, specified in feet, plus three feet of freeboard, above the BFE and provide adequate drainage paths around structures on slopes, to guide floodwaters around and away from the proposed structures. New construction in V and VE Zones shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or column), together with all electrical, heating, ventilation, plumbing and air-conditioning equipment and other services facilities (including ductwork), is elevated to three feet or more above the base flood elevation (three-feet freeboard). All portions of the building below the freeboard level must be constructed using flood-damage-resistant materials.
(2) 
In all zones not covered in Subsection D(1) above, all new construction or substantial improvement of any residential, commercial, industrial or other nonresidential structure or manufactured home shall have the lowest floor, including basement, elevated to at least the depth number, specified in feet, plus one foot of freeboard, above the highest adjacent grade and provide adequate drainage paths around structures on slopes, to guide floodwaters around and away from the proposed structures.
Located within areas of special flood hazard established in § 166-7 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. 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. 
If § 166-18A is satisfied, all new construction and substantial improvements must comply with § 166-16.
C. 
In all areas of special flood hazard in which base flood elevation data 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 of a foot at any point.
[Amended 3-5-2007 by Ord. No. 2-2007; 4-1-2013 by Ord. No. 1-2013]
Coastal high hazard areas (V or VE Zones) are located with the areas of special flood hazard established in § 166-7. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
A. 
Location of structures.
(1) 
All buildings or structures shall be located landward of the reach of the mean high tide.
(2) 
The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or manufactured home subdivision.
B. 
Construction methods.
(1) 
Elevation. All new construction and substantial improvements shall be elevated on piling or columns so that:
(a) 
The bottom of the lowest horizontal structural member of the lowest floor (excluding piling or columns) is elevated to or above the base flood elevation, advisory base flood elevation or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive; and
(b) 
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in § 166-19B(4).
(2) 
Structural support.
(a) 
All new construction and substantial improvements shall be securely anchored on piling or columns.
(b) 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
(c) 
There shall be no fill used for structural support.
(3) 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of § 166-19B(1) and (2)(a) and (b).
(4) 
Space below the lowest floor.
(a) 
Any alteration, repair, reconstruction or improvements to a structure started after the enactment of this article shall not enclose the space below the lowest floor unless breakaway walls, open wood latticework or insect screening is used as provided for in this section.
(b) 
Breakaway walls, open wood latticework or insect screening shall be allowed below the base flood elevation, provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 pounds per square foot and not more than 20 pounds per square foot (either by design or when so required by local or state codes) and may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
[1] 
Breakaway wall collapse shall result from a water load of less than that which would occur during the base flood; and
[2] 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. Wind-loading values used shall be those required by applicable state or local building standards.
(c) 
If breakaway walls are utilized, such enclosed space shall be used solely for the parking of vehicles, building access, or storage and not for human habitation.
(d) 
Prior to construction, plans for any breakaway wall must be submitted to the Building Subcode Official for approval.
C. 
Sand dunes. There shall be no alteration of sand dunes, which would increase potential flood damage.
[Adopted 9-7-2010 by Ord. No. 23-2010]
The purpose of this article is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply, so as to comply with the requirements of the New Jersey Department of Environmental Protection, Division of Water Quality, Bureau of Nonpoint Pollution Control.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Tuckerton or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
A. 
Already meets the design standard below to control passage of solid and floatable materials; or
B. 
Is retrofitted or replaced to meet the standard in § 166-34 below prior to the completion of the project.
Storm drain inlets identified in § 166-33 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets (for purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids):
A. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1) 
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(2) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
(3) 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
B. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
C. 
This standard does not apply:
(1) 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
(3) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(4) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed historic property.
This article shall be enforced by the Code Enforcement Officer of the Borough.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.