[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Editor's Note: This ordinance also repealed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.
ADVISORY BASE FLOOD ELEVATION (ABFE)
ADVISORY FLOOD HAZARD AREA (AFHA)
ADVISORY FLOOD HAZARD MAP
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
AREAS OF SPECIAL FLOOD-RELATED EROSION HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
COASTAL HIGH HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
EROSION
FLOOD or FLOODING
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD-RELATED EROSION
FLOOD-RELATED EROSION AREA or FLOOD-RELATED EROSION-PRONE AREA
FLOOD-RELATED EROSION AREA MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PRIMARY FRONTAL DUNE
RECREATIONAL VEHICLE
REFERENCE FEATURE
SIXTY-YEAR SETBACK
THIRTY-YEAR SETBACK
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this article, the following terms shall
have the meanings indicated:
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]
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]
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]
A request for a review of the Zoning Officer's interpretation
of any provision of this article or a request for a variance.
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.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
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.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
The process of the gradual wearing away of land masses.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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.
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.
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.
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.
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.
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]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
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.
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.
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 a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
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.
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.
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.
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.
A distance equal to 60 times the average annual long-term
recession rate at a site, measured from the reference feature.
A distance equal to 30 times the average annual long-term
recession rate at a site, measured from the reference feature.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally above ground.
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.
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]
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
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.
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.
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.
(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.
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.
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.
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:
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
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:
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:
(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.
