The Legislature of the State of New Jersey has in New Jersey
statutes delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety
and general welfare of its citizenry and conform to Federal Emergency
Management Agency criteria established for the National Flood Insurance
Program.
A.
The flood hazard areas of the Borough of Lincoln Park are subject
to periodic inundation which causes loss of life, 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 floodplains causing increases in flood heights and velocities and
by occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, floodproofed
or otherwise protected from flood damages.[1]
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 to:
A.
Protect human life and health;
B.
Minimize the 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 interruption;
E.
Minimize damage to public facilities and utilities such as water
and gas mains, telephone and sewer lines, streets and bridges located
in floodplains;
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood blight areas; and
G.
Ensure that potential home buyers are notified that property is in
a flood area.
In order to accomplish its purposes, this article uses the following
methods:
A.
Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion or flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development which may
increase flood damage.
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other land.
Unless specifically defined below, words or phrases 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. As used in this article, the following terms shall have
the meanings indicated:
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year (one-hundred-year
floodplain).
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year floodplain).
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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,
located within the area of special flood hazard.
A non-basement 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 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.
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.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Boundary Floodway
Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Land, and the space above that land, which lies within the
inner portion of the flood hazard area, and which is mathematically
determined to be required to carry and discharge floodwaters resulting
from the one-hundred-year flood under certain conditions. The floodway
always includes the channel and often includes land adjacent to the
channel. The floodway is normally characterized by faster and deeper
flows than the flood-fringe, which is the portion of the flood hazard
area outside the floodway. The floodway limits for any watercourse
shall be as determined by FEMA as published by a FEMA flood insurance
study or as determined by a New Jersey Department of Environmental
Protection approved delineation.[1]
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.
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 connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers and other similar vehicles placed on
a site for greater than 180 consecutive days. For insurance purposes
the term "manufactured home" does not include park trailers, travel
trailer and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of this article.
The area flooded by the one-hundred-year storm plus 25% in
delineated areas.
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
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, 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 street 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.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this article, 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.
The term does not, however, include either:
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
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
A.
Lands to which this article applies. This article shall apply to
all areas of special flood hazard within the jurisdiction of the Borough
of Lincoln Park.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard are identified by the Federal Emergency Management
Agency through a scientific and engineering report titled the "Flood
Insurance Study for the Borough of Lincoln Park" dated August 19,
1986, which report, with accompanying Flood Insurance Rate Maps and
Flood Boundary Maps and any revisions thereto, is hereby adopted by
reference and declared to be a part of this article.[1]
C.
Penalties for noncompliance. No structure or land shall hereinafter be constructed, located, expanded, converted or altered unless in full compliance with the terms of this article and any other applicable regulations. Violation of the provisions of this article or failure to comply with any requirements, including violation of any conditions, safeguards or regulations established in connection with these requirements, shall constitute a misdemeanor. Any person, firm, corporation, partnership or association violating this article or failing to comply with any of its requirements shall, upon conviction thereof, be subject to a penalty as provided in § 1-2 of this Code. Each and every day that a violation continues shall constitute a separate offense. Nothing herein contained shall prevent the Borough of Lincoln Park from taking such other lawful action it deems necessary to prevent or remedy any violation hereof.[2]
D.
Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. The provisions of this article shall apply to such development as is permitted by the Lincoln Park development regulations and Chapter 28, Zoning.
F.
Warning and 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 consideration. 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 areas of special flood hazard or uses permitted within
such areas will be free from flooding or flood damages. This article
shall not create liability on the part of the Borough of Lincoln Park
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.[3]
A.
Site plan approval requirements. A site plan approval shall be obtained before construction or development begins within any area of special flood hazard established in § 17-10.6B and the New Jersey Department of Environmental Protection (NJDEP) flood hazard area and must conform to Article VI, § 17-6.7. A single-family dwelling unit enlargement or expansion not constituting a substantial improvement may be exempt from site plan review and approval upon the recommendation of the Administrative Officer with the concurrence of the Borough Engineer, provided that such enlargement or expansion or other improvement shall be substantially consistent with the standards set forth in § 17-10.8 of this article. Application for a site plan review or exemption shall be made to the Department of Engineering and Development on forms furnished by said Department and may include, but not be limited to, the following 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:
(1)
Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures.
(2)
Elevation in relation to mean sea level to which any nonresidential
structure has been floodproofed.
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(5)
The existing and proposed contours at a contour interval of
two feet.
(6)
The proposed elevations of the lands involved at the corners
of the foundation of any structure or structures.
(7)
The lowest elevation of the lowest proposed area within any
proposed structure after its completion.
(8)
The layout of existing and proposed public streets and the nature,
extent and location of existing and proposed utilities servicing the
premises in question.
(9)
The elevation of any existing or proposed pumping facilities
and overflow elevations of vents or entranceways, if underground,
and overflow elevations of sewage treatment plant units.
(10)
The nature and extent of the construction, alterations, or repairs.
(11)
Proof of application for stream encroachment permit, obtained
from the New Jersey Department of Environmental Protection, except
in the case of single-family building additions of less than 200 square
feet.
(12)
Proof of application and approval from other state and federal
agencies having jurisdiction therefor.
(13)
Base flood elevation data as supplied by the flood map.
(14)
The extent of filling of land, if any.
(15)
Surrounding structures within two-hundred-foot radius.
B.
Duties and responsibilities of the Department of Engineering and
Development. Duties of the Construction Code Official shall include
but are not limited to:
(1)
Permit review.
(a)
Review all development applications to determine that the requirements
of this article have been satisfied.
(b)
Review all development applications to require that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 17-10.6B, Basis for establishing the areas of special flood hazard, then the Borough Engineer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer § 17-10.8B(1), Specific standards, residential construction, and § 17-10.8B(2), Specific standards, nonresidential construction.
(3)
Information to be obtained and maintained.
(a)
Verify 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.
(c)
Maintain for public inspection all records pertaining to the
provisions of this article.
(4)
Alteration of watercourse.
(a)
Notify adjacent communities, the New Jersey Department of Environmental
Protection and the U.S. Army Corps of Engineers prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Emergency Management Agency and the Borough.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(5)
Interpretation of FIRM boundaries. Make interpretations, where
needed, as to the exact location of the boundaries of the area 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 this article.
A.
General standards. When permitted by this chapter and Chapter 28, Zoning, construction and development shall be in compliance with the following provisions. In all areas of special flood hazard, the following provisions are required:[1]
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(b)
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.
(2)
Construction materials and methods.
(a)
New construction or substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated one foot above the base
flood elevation or, together with attendant utility and sanitary facilities,
be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(b)
All floodproofed structures shall conform to the standards published in floodproofing regulations drafted for the office of the Chief of Engineers by the Army Corps of Engineers District, Pittsburgh, Pennsylvania, June 1972, and be certified by a registered professional engineer or architect in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official set forth in § 17-10.7B(3).
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(d)
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.
(4)
Subdivision and site plan proposals.
(a)
All subdivision and site plan proposals shall be consistent
with the need to minimize flood damage.
(b)
All subdivision and site plan proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for all subdivision
and site plan proposals.
(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: a minimum of two openings
having a total net are 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.
B.
Specific standards. In all areas of special flood hazard and the
NJDEP flood hazard area, the following standards are required:
(1)
Residential construction. New construction or a substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated one foot above the base flood elevation
or elevated to the NJDEP flood hazard area design flood elevation,
whichever is more restrictive. Garage floors may be built below the
base flood elevation. All structures built below the base flood elevation
shall have openings to allow free flow of floodwaters. One square
foot of opening shall be provided for every 150 square feet of building
floor area and shall conform to the standards published in Elevated
Residential Structures, Federal Insurance Administration, Department
of Housing and Urban Development, September 1976.
(2)
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. All floodproofed structures shall conform to the standards published in floodproofing regulations drafted for the office of the Chief of Engineers by the Army Corps of Engineers District, Pittsburgh, Pennsylvania, June 1972. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in § 17-10.7B(3).
(3)
Mobile homes.
C.
Floodways. Located within areas of special flood hazard established in § 17-10.6B 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)
Prohibited encroachments include fill, substantial improvements,
and any other development unless a technical evaluation certified
by a qualified professional demonstrates that the encroachments shall
not result in any increase in flood levels during the occurrence of
the base flood discharge.
(2)
Any new construction within the floodway is prohibited.
(3)
The placement of any mobile homes, except in an existing mobile
home park or existing mobile home subdivision, is prohibited.
(4)
Permitted encroachments include the elevation of existing prohibited
encroachments, provided that the structures are elevated on pilings
or the foundation is completely open on three sides to permit the
free flow of floodwaters.
(5)
On streams and swales having a tributary drainage area of 50
acres or more, the cumulative effect of any proposed development on
said watercourse, 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. It shall be the responsibility
of the developer to establish a floodway on said watercourses for
which a floodway has not been established by the state.
D.
Variances. The municipal agency of the Borough of Lincoln Park shall
issue variances with regard to the above regulations in accordance
with the following guidelines. Variances may be issued by the municipal
agency for new construction and substantial improvements to be erected
on any lot contiguous to, and surrounded by, lots with existing structures
constructed below the base flood level, provided that:
(1)
Variances shall be issued by the municipal agency only upon
a determination that:
(a)
Failure to grant the variance would result in exceptional hardship
to the applicant.
(b)
The granting of a variance 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, or conflict with existing local laws or ordinances.[2]
(c)
The variance is the minimum necessary, considering the flood
hazard, to afford relief.
(d)
The granting of the variance will not violate or conflict with
any applicable regulations, or provisions of the National Flood Insurance
Program.
(2)
The municipal agency shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in the following Subsection D(3).
(4)
Evidence of the relief granted shall be incorporated in the
record title to the premises by the appropriate execution and recordation
of a deed in the Morris County Clerk's office and submission of a
copy thereof together with a notice of the relief granted to the Federal
Emergency Management Agency.
E.
Time limits. The municipal agency shall act upon any flood encroachment plan provided for in § 17-10.7 within 90 days of the date of filing thereof or the date of approval by the State Department of Environmental Protection, whichever is later, provided that such time may be extended with the written consent of the developer. Failure of the municipal agency to act within the time limits shall be deemed an approval of any site plan submitted under this article. Municipal agency disapproval shall include written findings.
A.
No building permit shall be issued by the Building Inspector for any proposed structure to be located within any floodplain area unless the municipal agency shall have approved a flood encroachment plan submitted in accordance with § 17-10.7 of this article. No certificate of occupancy shall be issued by the Building Inspector unless proof has been submitted to him that all conditions of flood encroachment plan approval have been fully complied with.
B.
If any person shall be aggrieved by the action of the municipal agency
or Building Inspector, appeal may be made to the Borough Council within
10 days after the date of such action. The Borough Council shall fix
and notify the appellant of the time and place for a hearing on such
appeal, and the developer shall cause notice of such hearing to be
published in the official newspaper of the Borough at least 10 days
prior to the hearing. All parties in interest shall be afforded an
opportunity to be heard.
C.
The Borough Council may grant relief from the actions of the municipal agency, Building Inspector and administrative official if such relief can be granted without substantial detriment to the purpose and policy set forth in § 17-10.3 of this article. Evidence of the relief granted shall be incorporated in the record title to the premises by the appropriate execution and recordation of a deed in the Morris County Clerk's office and submission of a copy thereof together with a notice of the relief granted to the Federal Emergency Management Agency.
