The Legislature of the State of New Jersey has
delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety and general
welfare of its citizenry.
It is the purpose of this Part 7 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
second use and development of areas of special flood hazard so as
to minimize future flood hazard.
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 Part
7 includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities.
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C. Controlling the alteration of natural floodplains,
stream channels and natural protective barriers, which help accommodate
or channel floodwaters.
D. Controlling filling, grading, dredging and other development
which may increase flood damage.
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
Unless specifically defined below, words or
phrases used in this Part 7 shall be interpreted so as to give them
the meaning they have in common usage and to give this Part 7 its
most reasonable application:
APPEAL
A request for a review of the Construction Official's interpretation
of any provision of this Part 7 or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding in unpredictable and
indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 5-19-1987 by Ord. No. 1:15B-87]
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.
[Added 5-19-1987 by Ord. No. 1:15B-87]
DEVELOPMENT
Any man-made change or improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
ELEVATED BUILDING
A nonbasement building 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 adequately anchored so as not to impair the structural integrity
of the building during a flood of 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
building also includes a building otherwise meeting the definition
of elevated building, even though the lower area is enclosed by means
of breakaway walls.
[Amended 5-19-1987 by Ord. No. 1:15B-87]
FLOOD or FLOODING
A general and temporary condition of partial or incomplete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal water; and/or
B.
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary
– Floodway Map and the water surface deviation of the base flood.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface of elevating more
than 0.2 foot.
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 nonelevation design requirements.
[Amended 5-19-1987 by Ord. No. 1:15B-87]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this Part 7.
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, 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. Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include
the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
[Amended 5-19-1987 by Ord. No. 1:15B-87]
STRUCTURE
A walled and roofed building, or a gas or liquid storage
tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
A.
Any repair, construction or improvement of a
structure, the cost of which equals or exceeds 50% of the market value
of the structure either:
(1)
Before the improvement or repair is started;
or
(2)
If the structure has been damaged and is being
restored, before the damage occurred.
B.
For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
C.
The term does not, however, include either:
(1)
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
(2)
Any alteration of a structure listed on the
National Register of Historic Places.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this Part
7.
This Part 7 shall apply to all areas of special
flood hazard within the jurisdiction of the Township of Chester.
The areas of special flood hazard identified
by the Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study" for the Township of Chester
dated October 1, 1981, with accompanying Flood Insurance Rate Maps
and Flood Boundary Floodway Maps, is hereby adopted by reference and
declared to be a part of this Part 7. The Flood Insurance Study is
on file in the office of the Township Clerk and available for public
inspection during regular business hours.
[Amended 6-2-1997]
No structure or land shall hereinafter be constructed,
located, extended, converted or altered without full compliance with
the terms of this Part 7 and other applicable regulations. Any person
who violates this Part 7 or fails to comply with any of its requirements
shall, upon conviction thereof, be subject to one or more of the following:
a fine of not less than $100 nor more than $1,000 or imprisonment
for not more than 90 days or a period of community service not to
exceed 90 days, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained
shall prevent the Township from taking such other lawful action as
is necessary to prevent or remedy any violation. Each day that the
condition persists shall be deemed to be a separate violation.
This Part 7 is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this Part 7 and other ordinances, easements, covenants
or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
Part 7, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers
granted under state statutes.
[Amended 6-2-1997]
The degree of flood protection required by this
Part 7 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 Part 7 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 Part 7 shall not
create liability on the part of the Township of Chester, any officer
or employee thereof or the Federal Emergency Management Agency (FEMA)
for any flood damages that result from reliance on this Part 7 or
any administrative decision lawfully made thereunder.
A development permit shall be obtained before construction or development begins in any area of special flood hazard established in §
113-376. 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 with floodproofing criteria in §
113-386B.
D. Description of the extent to which any watercourse
will be altered or relocated as a result of supposed development.
The Construction Official is hereby appointed
to administer and implement this Part 7 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 Part 7 have been satisfied.
(2)
Review all development permits to determine
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(3)
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of §
113-386C(1) are met.
(4)
The Construction Official shall jointly determine with the Zoning Official whether construction is "new construction" as that term is defined by §
192-1.1 of the Code of the Township of Chester.
[Added 12-2-2014 by Ord. No. 2014-10]
B. Information to be obtained and maintained. The Construction
Official shall:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (including basement)
of all new or substantially improved structures, and whether or not
the structure contains a basement.
(2)
For all new substantially improved floodproofed
structures:
(a)
Verify and record the actual elevation (in relation
to mean sea level); and
(b)
Maintain the floodproofing certification required in §
113-381C.
(3)
Maintain for public inspection all records pertaining
to the provisions of this Part 7.
C. Alterations of watercourses. The Construction Official
shall:
(1)
Notify adjacent communities and the New Jersey
Department of Water Resources prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
[Amended 6-2-1997]
(2)
Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
D. 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 §
113-384.
E. Use of other base flood data. When base elevation data has not been provided in accordance with §
113-376, Basis for establishing the areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer §
113-386A, Specific standards, residential construction, and §
113-386B, Specific standards, nonresidential construction.
[Added 11-15-1982 by Ord. No. 1:15A-82]
In all areas of special flood hazards, the following
standards are required:
A. Anchoring.
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B. Construction materials and methods.
(1)
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)
All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
C. Utilities.
(1)
All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(2)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
(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.
[Amended 5-19-1987 by Ord. No. 1:15B-87]
D. Subdivision proposals.
(1)
All subdivision proposals shall be consistent
with the need to minimize flood damage.
(2)
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided
for subdivision proposals and other proposed development which contain
at least 50 lots or 5 acres (whichever is less).
E. 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. 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 coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Added 5-19-1987 by Ord. No. 1:15B-87]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in §
113-376, Basis for establishing the areas of special flood hazard, the following standards are required:
A. Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
B. Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(1)
Be floodproofed so that below the base flood
level the structure is watertight with walls substantially impermeable
to the passage of water.
(2)
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(3)
Be certified by a registered professional engineer or architect that the 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 section §
113-383C(2).
[Amended 5-19-1987 by Ord. No. 1:15B-87]
C. Floodways. Located within areas of special flood hazard established in §
113-376 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:
(1)
Prohibit encroachments, 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.
(2)
If Subsection
C(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§
113-385 and
113-386.
(3)
Prohibit the placement of any mobile homes,
except in existing mobile home park or existing mobile home subdivision.
(4)
In all areas of special flood hazard in which
base flood elevation data has been provided and no roadway 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
one foot at any point.