Any restrictions or requirements with respect to buildings or
land, which appear in other ordinances of the Township or are established
by law and which are greater than those set forth herein, shall take
precedence over the provisions of this chapter.
Except as herein otherwise provided:
A.
No building or structure shall be erected and no existing building
shall be moved, structurally altered, added to or enlarged, nor shall
any land or building be designed, used, or intended to be used, for
any purpose or in any manner other than as specified among the uses
hereinafter listed as permitted in the zone in which such building
or land is located and meeting the requirements as set forth in the
Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
B.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, building location, percentage of lot coverage,
off-street parking space, and such other regulations hereinafter designated
in this chapter for the zone in which such building or open space
is located.
C.
No off-street parking area, loading or unloading area provided to
meet the minimum off-street parking, loading or unloading requirements
for one use or structure, shall be considered as providing off-street
parking, loading or unloading area for a use or structure on any other
lot, unless specifically permitted elsewhere in this chapter.
D.
No subdivision may be approved unless each lot contained in said
subdivision complies with all the requirements of the zone in which
said lot is located, or unless a variance has been granted therefrom.
E.
No use shall be considered a permitted use or a conditional use in
a zone district unless included as such in the particular zone district.
Wherever the depth of lots is established by existing street
patterns in any residential zone, the depth requirements of the zone
shall be waived as long as all setback lines are maintained.
A.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the Township requirements or
for which such improvement has been guaranteed by the posting of a
performance guarantee pursuant to this chapter unless relief has been
granted under the provisions of N.J.S.A. 40:55D-36.
B.
Where a building lot has frontage on a street, which the Master Plan
or the Official Map of the Township indicates is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed right-of-way line.
A.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
B.
All yards facing a public street shall be considered front street
side or street rear yards for the purpose of establishing required
setbacks for main and accessory buildings.
C.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code including, but not limited
to, sills, belt courses, chimneys, flues, buttresses, ornamental features,
and eaves; provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than 24 inches,
unless otherwise permitted by this chapter. Unroofed entrance porches
or terraces which do not rise above the height of the floor level
of the ground floor may extend into any yard, providing the total
area of all such porches, which extend into such yards, does not exceed
1,000 square feet and maintain a minimum yard setback of 10 feet except
in the R-10, RTF, R-7, R-5, R-O zone districts, and R-15 nonconforming
5,000 to 10,000 square feet lots and R-15 nonconforming greater-than
5,000 square feet lots, where the minimum yard setback shall be five
feet.
[Amended 11-16-2015 by Ord. No. 2015-3155]
A.
On all corner lots, the depth of all required street side setbacks
shall not be less than the 50% of the required front setback within
the zone. The following method shall be used to determine front, side
and rear lot lines on corner and through lots:
(1)
On corner lots in single- and two-family residential zones,
the street which the front door faces or is proposed to face shall
be the front yard. Where this cannot be determined due to a diagonal
or rear-facing dwelling, the Zoning Officer shall determine which
shall be considered the front yard.
(2)
On corner lots in nonresidential and multifamily residential
zones, the front yard shall be that which faces the street with the
higher roadway classification. Where the roadway classifications are
the same, the front yard shall face the street where the primary access
is located or proposed, as determined by the Zoning Officer.
(3)
On all through lots, both yards facing a public street shall
be considered front yards for the purpose of determining required
setbacks for main and accessory buildings, except as otherwise provided
in this chapter.
(4)
In no case can the front yard on a lot with more than one street
frontage be that frontage which abuts an unimproved street.
B.
The yard abutting a street, other than the front yard as established
herein, shall be considered as either a street side yard or a street
rear yard.
C.
Each street frontage of a lot created as a result of a subdivision
approved after the effective date of this chapter fronting on more
than one street shall conform to the minimum required street frontage
for such a lot in the applicable zone district as specified in the
schedule of yard area and building requirements.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located 50 feet from the intersection of the street lines. Sight triangle areas shall be maintained, trimmed or cleared in accordance with Chapter 428, Streets and Sidewalks, Article III, Trimming of Plant Life Near Intersections, of the Code of the Township of Middletown.
[Amended 4-18-2005 by Ord. No. 2005-2815; 7-18-2005 by Ord. No. 2005-2825; 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916; 6-18-2012 by Ord. No.
2012-3066]
Unless otherwise specified in this chapter, accessory buildings
shall conform to the following regulations as to their locations on
the lot:
A.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for principal
buildings within the appropriate zone.
B.
Detached storage sheds up to 150 square feet shall have a one-foot
side or rear yard setback, where there is a fence at least four feet
high separating the lots. Where no such fence exists, a three-foot
setback is required.
C.
Accessory buildings in residential zones shall not exceed 16 feet
in height, except that farm-related buildings such as barns and stables
can be built up to 25 feet in height and permitted accessory apartment
or dwellings can be permitted to equal the height of principal structures
in that zone, except that in all cases building height shall be measured
to the peak of the roof and not the mean point as applied to principal
structures. Accessory buildings in nonresidential zones shall not
exceed 25 feet in height.
D.
No detached accessory structure over 100 square feet shall be less
than five feet from any principal structure.
E.
No accessory structure shall be used as a residence, except where
permitted by ordinance as either an accessory dwelling under the Township's
affordable housing program or for domestic employees of the tenant
or owner of the premises. Accessory structures used for domestic help
or employees shall be subject to a deed restriction recorded with
the County Clerk's Office, limiting the use of the structure accordingly.
Any accessory structure that is to be used as a dwelling unit shall
be subject to the same requirements as a single-family dwelling for
the purpose of obtaining certificates of occupancy.
F.
No accessory building which is intended to be occupied for dwelling
purposes shall be occupied before the principal building.
G.
No accessory structure shall be placed within an established front,
street side, or street rear yard area except in the Residential R-110,
R-130 and R-220 Zone Districts.
H.
Accessory buildings or structures must be located on the same lot
as the principal use to which they are accessory.
I.
Fixed-location generators, equipment associated with heating, ventilation,
air conditioning, and the like shall comply with the following setback
requirements:
(1)
For residential land uses on lots containing 21,780 square feet
or less, the minimum required setback shall be five feet.
(2)
For residential land uses on lots containing more than 21,780
square feet, the minimum required setback shall be 50% of the required
accessory structure setback for the applicable zone district.
(3)
For nonresidential and mixed land uses, the required accessory
structure setback for the relevant zone district shall apply.
J.
In order
for an accessory structure to be considered attached, it must share
a common wall with the principal structure. Connection of an accessory
structure to the principal structure via fully enclosed breezeways,
canopies and walkways shall not be sufficient unless the common wall
encompasses more than 50% of the wall of the accessory structure.
[Added 11-16-2015 by Ord.
No. 2015-3155]
Any lot utilized for single-family or two-family dwelling purposes
shall not contain more than one principal building.
The provisions of this chapter shall not apply to customary underground essential services as defined in § 540-203, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground, or any other aboveground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
Where two or more lots, created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the Planning Board,
have any contiguous lines and are in single ownership and one or more
of the lots is nonconforming in any aspect, the lots involved shall
be considered to be an undivided parcel for the purposes of this chapter,
and no portion of said parcel shall be conveyed or divided except
through the filing of an approved subdivision in accordance with the
provisions of this chapter.
A.
No structure shall extend higher than the limit provided in each
zone created hereunder for building height.
B.
The height limitations created hereunder shall not apply to spires,
belfries, cupolas or domes not used for human occupancy. The height
limitation also should not apply to parapets, walls or cornices extending
not more than four feet above the building height limit.
C.
The height limitations created hereunder shall apply to chimneys,
ventilators, skylights, tanks, stair towers, elevator towers, appurtenances
usually carried above the antennas attached to a building, except
that the same may exceed said height limitations by not more than
15 feet, except that skylights, heating and air-conditioning equipment
and ventilators may exceed the height limitation by no more than 10
feet. Such features shall not exceed, in total coverage, 10% of the
total roof area.
D.
Freestanding, noncommercial radio and television antennas and flagpoles
may exceed the height limits created hereunder by not more than 15
feet.
Wherever feasible, all of the following shall be preserved in
its natural state:
A.
Floodway areas as defined by the Middletown Township Storm Drainage
Master Plan; United States Department of Housing and Urban Development,
Emergency Flood Insurance Program; U.S. Army Corps of Engineers; or
the New Jersey Department of Environmental Protection.
B.
Areas containing a significant number of specimen trees determined
by the Environmental Commission or the Municipal Agency.
C.
Existing watercourses, ponds, marshes and swamps.
D.
Wetlands and wetland transitional areas as defined by the New Jersey
Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) and the Freshwater
Wetlands Act of 1987 (N.J.S.A. 13:9B-1 et seq.) and delineated on
wetlands maps prepared by the New Jersey Department of Environmental
Protection and Energy.
E.
Steep slopes in excess of 15%.
F.
Flora and fauna on the New Jersey and/or Federal Endangered Species
list.
G.
Dunes. Development is prohibited on dunes, except for development
that has no prudent or feasible alternative in an area other than
a dune, and that will not cause significant adverse long-term impacts
on the natural functioning of the beach and dune system, either individually
or in combination with other existing or proposed structures, land
disturbance activities. Examples of acceptable activities are:
(1)
Demolition and removal of paving and structures.
(2)
Limited designated accessways for pedestrian and authorized
motor vehicles between public streets and the beach that provide for
the minimum feasible interference with the beach and dune system and
are oriented so as to provide the minimum feasible threat of breaching
or overtopping as a result of storm surge or wave run-up.
(3)
Limited stairs, walkways, pathways and boardwalks to permit
access across dunes to beaches, provided they cause minimum feasible
interference with the beach and dune system.
(4)
The planting of native vegetation to stabilize dunes.
(5)
Sand fencing, either a brush-type barricade or a picket type,
to accumulate sand and aid in dune formation.
H.
Beaches. Development is prohibited on beaches, except for development
that has no prudent or feasible alternative in an area other than
a beach, and that will not cause significant adverse long-term impacts
on the natural functioning of the beach and dune system, either individually
or in combination with other existing or proposed structures, land
disturbances or activities. Examples of acceptable activities are:
(1)
Demolition and removal of paving structures.
(2)
Dune creation and related sand fencing and planting of vegetation
for dune stabilization.
(3)
The reconstruction of existing amusement and fishing piers and
boardwalks.
(4)
The construction of new fishing piers.
(5)
Temporary recreation structures for public safety such as first
aid and lifeguard stations.
Whenever a person acquires title to the land under water adjacent
to his property by virtue of a riparian grant from the State of New
Jersey, then the grant area shall automatically be zoned the same
as the upland property adjacent to the grant; provided, however, that
any part of this grant not filled, graded and stabilized pursuant
to a valid construction permit, shall not be applicable to meeting
the minimum lot area for the governing zone.
Where applicable, the Municipal Agency shall require as a condition
of site plan approval that the owner convey to the municipality drainage
easements, conservation easements, sight triangle easements and/or
shade tree and utility easements.
A.
Solid
wastes from single- and two-family homes, if stored outdoors, shall
be placed in metal or plastic receptacles with tight-fitting covers.
B.
Such
receptacles shall not be stored or placed within any front yard area
prior to the time at which solid wastes are permitted to be placed
at the curblines for collection. Such receptacles may be stored in
either rear or side yard areas, but if stored within a side yard area,
they shall be screened from view of adjoining properties and street
areas with planting or fencing. Solid wastes which are to be picked
up shall conform to the requirements established by the Department
of Public Works, Parks, and Engineering for garbage and trash collection.
The dumping of refuse, waste material, or other substances is
prohibited in all districts within the municipality.
No nonresidential use with the exception of farms shall store
materials of any kind outdoors in any district except in connection
with the construction of a structure to be erected on the premises
unless specifically permitted elsewhere in this chapter.
A.
Retail and/or wholesale business uses shall not permanently display
goods for sale, including motor vehicles, outdoors except in accordance
with a site plan approved by the Planning Board.
B.
Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the municipality. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for the same out of doors shall not be permitted in any zoning district within the municipality except in accordance with Subsection D below.
C.
Temporary sales and outdoor display of goods may be permitted where
the goods displayed are the merchandise of a business included within
a structure located on the site. Such temporary sales and display
shall be in accordance with a permit issued by the Zoning Officer.
No business shall hold more than five such sales per year, nor shall
any one sale exceed one week in duration.
D.
Temporary flea markets and sales operated by nonprofit groups such
as churches may be permitted where the goods displayed are on a site
which is already developed as a principal use of the nonprofit group.
Such sales shall be in accordance with a permit issued by the Zoning
Officer. No nonprofit group shall hold more than five such sales per
year, nor shall any one sale exceed one week in duration.
E.
Coin-operated vending machines shall not be located farther than
two feet from a related business structure.
F.
Goods for sale, displayed or stored outdoors, shall not be located
closer than 25 feet to any street right-of-way or 15 feet to any side
or rear line, except in conjunction with temporary sidewalk or other
types of outdoor sales.
G.
Temporary sales of Christmas trees.
(1)
No person, partnership or other entity may establish a "temporary
Christmas tree lot" without first having obtained a permit authorizing
said use from the office of the Construction Official.
(2)
All applicants shall provide the Construction Official of the
Township of Middletown the following information:
(a)
Name, address (no P.O. boxes) and telephone number of the applicant/operator
of the lot.
(b)
The location at which applicant shall conduct business.
(c)
The dates and hours of operation.
(d)
The name and telephone number of a representative of the applicant
to be contacted in the case of an emergency.
(e)
The name and address of the person or firm with whom the applicant
has contracted to remove its garbage and other debris.
(f)
The name and address of the owner of the property, if the applicant
is not the property owner.
(g)
A consent of owner form indicating that the applicant has permission
to conduct business on said premises.
(h)
A sketch depicting the proposed layout and location of the proposed
businesses. The plan shall also show all proposed electrical connections
and lighting locations.
(i)
State sales tax identification number.
(3)
Applications for temporary Christmas tree lots shall only be
submitted by the actual business or property owner of the proposed
location.
(4)
Upon payment of a $200 application fee, the Construction Official
shall review the application. The Construction Official shall seek
input on the request from the Planning and Police Departments. If
then the Construction Official determines that the proposed location
can adequately support the business, has adequate parking available,
and will not pose a hazard, the permit will be issued. The Construction
Official shall have 30 days from the date an application is filed
to make a decision. Applications shall not be accepted after October
1.
(5)
Prior to the issuance of a permit, the applicant shall post
a $500 cleanup guarantee, in cash deposit or bond. Said money shall
be returned to the applicant upon closing of the business and clearing
of the property in order to return it to its previous condition.
(6)
The permit, when issued, shall be valid from the Friday immediately
following Thanksgiving of each year, and shall expire on December
31 of the same year. All cleanup activities must be completed by the
applicant on or before January 8 of the following year. In the event
the applicant fails to complete the cleanup on or before January 8
of the following year, the Township may perform the cleanup and deduct
the cost thereof from the cleanup guarantee.
(7)
Upon issuance of the permit, the vendor shall prominently display
same at its location during business hours and shall, upon request
from officials of the Township of Middletown, exhibit same to such
officials.
(8)
Storage of Christmas trees or other materials on site within
trailers or other storage type structures shall not be permitted.
(9)
The temporary Christmas tree lots shall be limited to those
properties which contain existing businesses. Such uses shall not
be permitted on vacant lots except where a vacant lot is immediately
adjacent to an existing business and is owned by the same business
or property owner.
(10)
The Construction Official shall also review the proposed method
of lighting and providing temporary power to the temporary Christmas
tree lot.
(11)
Open fires shall not be permitted on any temporary Christmas
tree lot.
(12)
Except for provision in Subsection G(8), (9), (10) and (11), this subsection shall not apply to businesses who offer for sale in their ordinary course of business, plants, trees, or other related items as long as the sales occur on the same property as their business location. Such businesses shall include, but not be limited to, florists, landscape nurseries, and farms.
(13)
Any nonprofit or charitable organization which desires to sell
any of the goods described herein for the express purpose of raising
funds in connection with their charitable endeavors shall obtain the
necessary permit but shall not be required to pay the $200 application
fee. The $500 cleanup guarantee must still be posted.
(14)
Temporary Christmas tree lots shall be permitted a maximum of
two temporary signs. Signs may be double-faced and located on the
ground or attached to a structure. In no case shall any sign exceed
25 square feet, nor shall any sign be located at a point higher than
the highest building on the property.
A.
Within any residential district, no building with a permitted home
professional office or home occupation shall be constructed or altered
so as to be inharmonious to the residential character of adjacent
structures.
B.
The types of construction not considered to be residential in character
include storefront type of construction, garage doors (larger than
needed for passenger vehicles or light commercial vehicles), and unfinished
concrete blocks or cinder block wall surfaces.
The exterior elevations shall be arranged and outer walls on
nonresidential buildings shall be faced with materials approved by
the Planning Board in conjunction with site plan approval. The architecture
of all buildings shall be compatible with structures on adjacent lands
and in the neighborhood.
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single-family
properties, provided that:
A.
Travel trailer, camper or small boat shall not exceed 28 feet in
length and eight feet in width.
B.
Only one travel trailer or camper and one small boat, except for
boats propelled only by oars or paddles (rowboats, canoes, kayaks,
and dinghies), shall be permitted to be stored outdoors at a single-family
residence. No boat or recreation vehicle shall be stored within the
front yard setback area or within 10 feet of a side property line,
except that in the R-7 and R-15 Districts, one may be stored within
the front or side yard setbacks. No recreational vehicle or boat may
be stored that is in a state of substantial disrepair or derelict.
C.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections.
D.
Permanent or temporary overnight occupancy or use of a trailer, travel
trailer, motor home, boat or recreational vehicle is not permitted
in any zone, except that, in emergency situations, such occupancy
or use may be permitted by the Construction Official for a period
as determined by the Construction Official. Where the Construction
Official approves such emergency occupancy, he shall so advise the
Township Committee and give the location, period and reasons for the
approval. The Committee may approve or disapprove such occupancy or
may impose such additional limitations to the occupancy as it deems
appropriate. For good cause shown, the Committee may extend the period
of occupancy.[1]
A.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 10,000 pounds or having more than two axles
shall be parked or stored overnight on any occupied property which
is primarily used for residential purposes or on any vacant property
in a residentially zoned area, except for vehicles engaged in construction,
parked or stored on an active construction site.
B.
No more than one motor vehicle with commercial vehicle registration
having a weighted maximum gross vehicle weight (GVW) of 10,000 pounds
or less shall be parked or stopped overnight on any occupied property
which is primarily used for residential purposes, except for vehicles
engaged in construction, parked or stored on an active construction
site. Said vehicle must be utilized by at least one of the occupants
of the residence. This provision shall not apply to passenger vehicles
with commercial vehicle registration.
[Amended 4-18-2005 by Ord. No. 2005-2815]
C.
The aforementioned regulations for commercial vehicle storage shall
not apply to vehicles located on and necessary to the operation of
a farm.
No building, structure or use shall be permitted within areas
defined as wetlands by the New Jersey Wetlands Act of 1970 (N.J.S.A.
13:9A-1 et seq.) and the Freshwater Wetlands Act of 1987 (N.J.S.A.
13:9B-1 et seq.) and delineated on the wetlands maps prepared by the
New Jersey Department of Environmental Protection and Energy or delineated
in accordance with regulations promulgated under the applicable act,
except in accordance with a permit issued under the applicable act.
A.
A developer applying for site plan or subdivision approval pursuant to Article IV of this chapter may be required to submit a soil erosion and sediment control plan as is required by the Freehold Soil Conservation District. In determining whether an applicant should be required to submit said plan, the Municipal Agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B.
Soil erosion and sediment control plans shall be reviewed and certified
by the Freehold Soil Conservation District when in conformance with
the Standards for Soil Erosion and Sediment Control.
C.
The Municipal Agency may seek the assistance of the Freehold Soil
Conservation District in the review of such plans and may deem as
approved those plans which have been reviewed and certified by the
Freehold Soil Conservation District.
A.
In residential zones, including the R-O Residence, and in the Office
Zone, the following antenna structures shall be permitted as accessory
structures to a principal residential structure or permitted conditional
use on the same lot. No such antenna structures may serve more than
one residential lot unless the supporting structure conforms to the
minimum regulations on the lot on which it is located and no connecting
cables cross property other than that owned by the persons served
by the antenna.
(1)
Two conventional television and/or radio antenna structures
attached to a building, provided that they do not exceed the height
limitations for the zone by more than 15 feet. Antenna structures
operated by holders of a Federal Communications Commission Amateur
Radio License may exceed the height limitations for the zone by 35
feet. Such antennas which exceed 20 feet above the point of attachment
to the building shall be built to withstand winds of 60 miles per
hour.
(2)
Freestanding, noncommercial, mast or pole type radio and/or
television antenna structures and one tower-type radio and/or television
antenna structure, provided that they shall only be placed in the
rear yard area, shall be located no closer than 15 feet to any property
line, and may exceed the height limitations for the zone by not more
than 15 feet. Antenna structures operated by holders of a Federal
Communications Commission Amateur Radio License may exceed the height
limitations for the zone by 35 feet. Such structures over 20 feet
in height shall be built to withstand winds of 60 miles per hour.
(3)
One satellite dish antenna structure erected on a secure ground-mounted
foundation, provided that it shall only be placed in the rear yard,
shall conform to the setbacks for a principal structure in the zone,
and shall not exceed 16 feet in height or 12 feet in diameter. Any
wires or connecting cables shall be buried underground unless the
antenna is located immediately adjacent to and mounted no more than
seven feet from the structure being served. Each such structure shall
be screened by fencing, other structures and/or nondeciduous plantings
of sufficient number and height to obstruct any clear view of the
antenna from any adjacent conforming residential property, any residential
zone, or any public street.
B.
In business, manufacturing, and office-research zones, the following
antenna structures shall be permitted as accessory structures to a
principal use, other than a residential use, on the same lot. No such
antenna structures may serve more than one lot unless the supporting
structure conforms to the minimum regulations on the lot on which
it is located and no connecting cables cross property other than that
owned by the persons served by the antenna.
(1)
Conventional television and/or radio antenna structures attached
to each building, provided that no antenna structure shall exceed
the height limitations for the zone by more than 15 feet. Such structures
which exceed 20 feet above the point of attachment to the building
shall be built to withstand winds of 60 miles per hour.
(2)
Freestanding, conventional, noncommercial radio and television
antenna structures, provided that such antenna structures shall only
be placed in the rear yard, shall adhere to setback and yard requirements
for accessory structures in the particular zone, but in no case shall
be closer than 50 feet to any residential property line or zone boundary
or closer than 15 feet to any other property line and shall not exceed
the height limitations for the zone by more than 15 feet. Such structures
over 20 feet in height shall be built to withstand winds of 60 miles
per hour.
(3)
Satellite dish antennas. Such antenna structures shall be erected
on a secure ground-mounted foundation located in the rear yard or
may be mounted on a flat roof, provided that it is no higher than
15 feet above the roof line and is concealed from public view. No
antenna structure shall exceed 12 feet in diameter. Ground-mounted
antenna structures shall conform to the setbacks for a principal structure
in the zone, shall not exceed 16 feet in height, and shall in no case
be located closer than 50 feet to a residential property line or zone
boundary. Wires or connecting cable for ground-mounted antenna shall
be buried underground. Each ground-mounted antenna shall be screened
by fencing, other structures and/or nondeciduous plantings of sufficient
number and height to obstruct any clear view of the structure from
any adjacent conforming residential property, any residential zone
or any public street.
[Amended 4-18-2005 by Ord. No. 2005-2815; 9-21-2009 by Ord. No. 2009-2989; 12-17-2012 by Ord. No. 3073; 4-15-2013 by Ord. No. 2013-3082; 6-4-2018 by Ord. No.
2018-3221; 6-6-2022 by Ord. No. 2022-3346]
A.
Scope and administration.
(1)
Title. These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the "Floodplain Management Regulations of Township
of Middletown" (hereinafter "these regulations").
(2)
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 540-527B of these regulations.
(3)
Purposes and objectives. The purposes and objectives of these
regulations are to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions
in specific flood hazard areas through the establishment of comprehensive
regulations for management of flood hazard areas, designed to:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public
service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels
and shorelines.
(d)
Manage filling, grading, dredging and other development which
may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which
will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use
and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with
flooding.
(j)
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 CFR 59.22.
(4)
Coordination with building codes. Pursuant to the requirement
established in N.J.A.C. 5:23, the Uniform Construction Code, that
the Township of Middletown administer and enforce the state building
codes, the Township Committee of the Township of Middletown does hereby
acknowledge that the Uniform Construction Code contains certain provisions
that apply to the design and construction of buildings and structures
in flood hazard areas. Therefore, these regulations are intended to
be administered and enforced in conjunction with the Uniform Construction
Code.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement, § 540-527C(16), of this section.
(6)
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
(7)
Other laws. The provisions of these regulations shall not be
deemed to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance. No structure or
land shall hereafter be constructed, re-located to, extended, converted,
or altered without full compliance with the terms of this section
and other applicable regulations. Violation of the provisions of this
section by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection
with conditions) shall constitute a violation under N.J.S.A. 40:49-5.
Any person who violates this section or fails to comply with any of
its requirements shall be subject to one or more of the following:
a fine of not more than $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days.
Each day in which a violation of an ordinance exists shall be
considered to be a separate and distinct violation subject to the
imposition of a separate penalty for each day of the violation as
the Court may determine except that the owner will be afforded the
opportunity to cure or abate the condition during a thirty-day period
and shall be afforded the opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $2,000
may be imposed if the court has not determined otherwise, or if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance but shall be calculated separately from
the fine imposed for the violation of the ordinance.
(9)
Solid-waste disposal in a flood hazard area. Any person who
has unlawfully disposed of solid waste in a floodway or floodplain
who fails to comply with this section or fails to comply with any
of its requirements shall upon conviction thereof be fined not more
than $2,500 or up to a maximum penalty by a fine not exceeding $10,000
under N.J.S.A. 40:49-5.
(10)
Abrogation and greater restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
B.
Applicability.
(1)
General. These regulations, in conjunction with the Uniform
Construction Code, provide minimum requirements for development located
in flood hazard areas, including the subdivision of land and other
developments; site improvements and installation of utilities; placement
and replacement of manufactured homes; placement of recreational vehicles;
new construction and alterations, repair, reconstruction, rehabilitation
or additions of existing buildings and structures; substantial improvement
of existing buildings and structures, including repair of substantial
damage; installation of tanks; temporary structures and temporary
or permanent storage; utility and miscellaneous Group U buildings
and structures; and certain building work exempt from permit under
the Uniform Construction Code; and other buildings and development
activities.
(2)
Establishment of flood hazard areas. The Township of Middletown
was accepted for participation in the National Flood Insurance Program
on February 2, 1984, and adopted it original Floodplain Management
Ordinance on February 14, 1984.
The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all federal, state, and local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA special flood hazard area. Maps
and studies that establish flood hazard areas are on file at the Office
of the Floodplain Administrator, specifically 1 Kings Highway, Middletown,
NJ 07748.
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the best available flood hazard
data area:
(a)
Effective flood insurance study. Special flood hazard areas
(SFHAs) identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled FLOOD INSURANCE STUDY NUMBER
34025CV001B, dated September 25, 2009, and the accompanying Flood
Insurance Rate Maps (FIRM) identified in Table 102. (1) whose effective
date is September 25, 2009, are hereby adopted by reference.
|
Table 102.2(1)
| |
|---|---|
|
Map Panel No.
|
Effective Date
|
|
34025C0034F
|
2009-09-25
|
|
34025C0042F
|
2009-09-25
|
|
34025C0044F
|
2009-09-25
|
|
34025C0055F
|
2009-09-25
|
|
34025C0061F
|
2009-09-25
|
|
34025C0062F
|
2009-09-25
|
|
34025C0063F
|
2009-09-25
|
|
34025C0064F
|
2009-09-25
|
|
34025C0066F
|
2009-09-25
|
|
34025C0067G
|
2018-06-20
|
|
34025C0068G
|
2022-06-15
|
|
34025C0069G
|
2022-06-15
|
|
34025C0086G
|
2018-06-20
|
|
34025C0088H
|
2022-06-15
|
|
34025C0157F
|
2009-09-25
|
|
34025C0159F
|
2009-09-25
|
|
34025C0176F
|
2009-09-25
|
|
34025C0177F
|
2009-09-25
|
|
34025C0178F
|
2009-09-25
|
|
34025C0179F
|
2009-09-25
|
|
34025C0181G
|
2022-06-15
|
(b)
Federal best available information. Township of Middletown shall
utilize federal flood information as listed in the table below that
provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include, but is not limited to, preliminary flood
elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps,
work maps or Preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this section must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 102.2(2)
| |
|---|---|
|
Map Panel No.
|
Preliminary Date
|
|
1415
|
1-31-2014
|
|
1379
|
1-31-2014
|
|
1468
|
1-31-2014
|
|
1465
|
1-31-2014
|
|
1372
|
1-31-2014
|
|
1426
|
1-30-2015
|
|
1477
|
1-30-2015
|
|
1439
|
1-31-2014
|
|
1390
|
1-31-2014
|
|
1476
|
1-30-2015
|
|
1475
|
1-31-2014
|
|
1420
|
1-30-2015
|
|
1409
|
1-31-2014
|
|
1469
|
1-31-2014
|
|
1401
|
1-30-2015
|
(c)
Other best available data. Township of Middletown shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Middletown. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 540-527B(2)(a) and (b), above. This information shall be used for floodplain regulation purposes only.
Optional higher standard: The community may develop more restrictive
flood zone mapping with larger areal extents or more restrictive elevations
by resolution and incorporating these maps into this section. A record
shall be kept in this section of the more restrictive map in the following
table, renumbering subsequent tables, as necessary.
|
Table 102.2(3)
| |||
|---|---|---|---|
|
Map Description
|
Ordinance Number
|
Date Effective
|
Date Withdrawn and Ordinance Number
|
(d)
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the Flood Hazard Area Control Act Design Flood Elevation, as defined in § 540-527I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. An FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table 102.2(3 or 4) List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Pine Brook
|
02p
|
O0000100p
|
|
Swimming River
|
04p
|
O0000102p
|
|
Swimming River
|
05p
|
O0000103p
|
|
Many Mind Creek
|
Sheet 5
|
V0000082p
|
|
Wagner Creek
|
Sheet 5
|
V0000083p
|
(e)
Optional higher standard. The most restrictive 0.2% annual chance
(500-year) effective or preliminary FEMA flood study is adopted by
this section for consideration when establishing the best available
flood hazard data area.
(f)
Optional higher standard. US Army Corps of Engineers maps with
more restrictive data could be referenced here if the jurisdiction
wants to include these maps for construction and decisionmaking purposes.
(g)
Optional higher standards for minimum design elevations could
be included here if these are more restrictive than the standards
referred to in this section.
(3)
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 540-527B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section. At a minimum, the local design flood elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 540-527B(2), above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any nondelineated watercourse (where mapping or studies described in § 540-527B(1) and (2) above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[1]
A copy of an unexpired NJDEP Flood hazard area verification
plus one foot of freeboard and any additional freeboard as required
by ASCE 24; or
[2]
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 540-527E(2) and (3).
(c)
AO Zones. For Zone AO areas on the municipality's FIRM
(or on preliminary flood elevation guidance from FEMA), the local
design flood elevation is determined from the FIRM panel as the highest
adjacent grade plus the depth number specified plus one foot of freeboard.
If no depth number is specified, the local design flood elevation
is three feet above the highest adjacent grade.
(d)
Class IV critical facilities. For any proposed development of
new and substantially improved flood design class IV critical facilities,
the local design flood elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the flood hazard area design
flood elevation with an additional two feet of freeboard in accordance
with ASCE 24.
(e)
Class III critical facilities. For proposed development of new
and substantially improved flood design class III critical facilities
in coastal high hazard areas, the local design flood elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the flood hazard area design flood elevation with an additional
one foot of freeboard in accordance with ASCE 24.
C.
Duties and powers of the Floodplain Administrator.
(1)
Floodplain Administrator designation. The Township's Senior
Health Planner is designated the Floodplain Administrator. The Floodplain
Administrator shall have the authority to delegate performance of
certain duties to other employees.
(2)
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 540-527G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate
with the Construction Official to administer and enforce the flood
provisions of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include,
but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 540-527B of these regulations.
(b)
Require development in flood hazard areas to be reasonably safe
from flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
(c)
Interpret flood hazard area boundaries and provide available
flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained
or developed.
(e)
Review required certifications and documentation specified by
these regulations and the building code to determine that such certifications
and documentations are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 540-527C(16) of these regulations.
(g)
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
(h)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 540-527G of these regulations.
(i)
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
(j)
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
(k)
Inspect development in accordance with § 540-527F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 540-527G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate
boundaries of Township of Middletown have been modified.
(o)
Permit ordinary maintenance and minor work in the regulated areas discussed in § 540-527B(2).
(5)
Use of changed technical data. The Floodplain Administrator
and the applicant shall not use changed flood hazard area boundaries
or base flood elevations for proposed buildings or developments unless
the Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the State pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
(6)
Other permits. It shall be the responsibility of the Floodplain
Administrator to assure that approval of a proposed development shall
not be given until proof that necessary permits have been granted
by Federal or State agencies having jurisdiction over such development,
including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C. § 1344.
(7)
Determination of local design flood elevations. If design flood
elevations are not specified, the Floodplain Administrator is authorized
to require the applicant to:
(a)
Obtain, review, and reasonably utilize data available from a
federal, state, or other source; or
(b)
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 540-527B(2) and (3) respectively. This information shall be provided to the Construction Official and documented according to § 540-527C(17).
(8)
Requirement to submit new technical data. Base flood elevations
may increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with Title 44 CFR 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
(9)
Activities in riverine flood hazard areas. In riverine flood
hazard areas where design flood elevations are specified but floodways
have not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 feet at
any point within the community.
(10)
Floodway encroachment. Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land- disturbing activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
(11)
Floodway revisions. A floodway encroachment that increases the
level of the base flood is authorized if the applicant has applied
for a conditional letter of map revision (CLOMR) to the Flood Insurance
Rate Map (FIRM) and has received the approval of FEMA.
(12)
Watercourse alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
(13)
Engineering analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
(14)
Alterations in coastal areas. The excavation or alteration of
sand dunes is governed by the New Jersey Coastal Zone Management (CZM)
rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
(15)
Development in riparian zones. All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other Floodplain Development provisions of this section. The width
of the riparian zone can range between 50 and 300 feet and is determined
by the attributes of the waterbody and designated in the New Jersey
Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the
riparian zone located outside of a regulated water is measured landward
from the top of bank. Applicants can request a verification of the
riparian zone limits or a permit applicability determination to determine
state permit requirements under N.J.A.C. 7:13 from the NJDEP Division
of Land Resource Protection.
(16)
Substantial improvement and substantial damage determinations.
When buildings and structures are damaged due to any cause, including,
but not limited to, man-made, structural, electrical, mechanical,
or natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
(a)
Estimate the market value, or require the applicant to obtain
a professional appraisal prepared by a qualified independent appraiser,
of the market value of the building or structure before the start
of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before
the damage occurred and before any repairs are made.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 540-527B(2), performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
Compare the cost to perform the improvement, the cost to repair
the damaged building to its pre-damaged condition, or the combined
costs of improvements and repairs, where applicable, to the market
value of the building or structure.
(d)
Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage. This determination
requires the evaluation of previous permits issued for improvements
and repairs over a period of [insert number] years prior to the permit
application or substantial damage determination as specified in the
definition of substantial improvement. This determination shall also
include the evaluation of flood related damages over a ten-year period
to determine if the costs of repairs at the times of each flood constitutes
a repetitive loss as defined by this section.
(e)
Notify the applicant, in writing, when it is determined that
the work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood-resistant construction requirements
of the building code is required and notify the applicant, in writing,
when it is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood-resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
(17)
Department records. In addition to the requirements of the building
code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
(18)
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawfill
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
D.
Permits.
(1)
Permits required. Any person, owner or authorized agent who
intends to conduct any development in a flood hazard area shall first
make application to the Floodplain Administrator and shall obtain
the required permit. Depending on the nature and extent of proposed
development that includes a building or structure, the Floodplain
Administrator may determine that a floodplain development permit or
approval is required in addition to a building permit.
(2)
Application for permit. The applicant shall file an application,
in writing, on a form furnished by the Floodplain Administrator. Such
application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
Describe the land on which the proposed development is to be
conducted by legal description, street address or similar description
that will readily identify and definitively locate the site.
(c)
Indicate the use and occupancy for which the proposed development
is intended.
(d)
Be accompanied by a site plan and construction documents as specified in § 540-527E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized
agent.
(3)
Validity of permit. The issuance of a permit under these regulations
or the Uniform Construction Code shall not be construed to be a permit
for, or approval of, any violation of this appendix or any other ordinance
of the jurisdiction. The issuance of a permit based on submitted documents
and information shall not prevent the Floodplain Administrator from
requiring the correction of errors. The Floodplain Administrator is
authorized to prevent occupancy or use of a structure or site which
is in violation of these regulations or other ordinances of this jurisdiction.
(4)
Expiration. A permit shall become invalid when the proposed
development is not commenced within 180 days after its issuance, or
when the work authorized is suspended or abandoned for a period of
180 days after the work commences. Extensions shall be requested in
writing and justifiable cause demonstrated. The Floodplain Administrator
is authorized to grant, in writing, one or more extensions of time,
for periods not more than 180 days each.
(5)
Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revoke a permit issued under these regulations wherever
the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas. The site
plan or construction documents for any development subject to the
requirements of these regulations shall be drawn to scale and shall
include, as applicable to the proposed development:
(a)
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
(b)
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 540-527E(2).
(c)
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 540-527E(2)(a)[3] of these regulations.
(d)
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A Zones, new buildings shall be located landward
of the reach of mean high tide.
(e)
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
(f)
Where the placement of fill is proposed, the amount, type, and
source of fill material; compaction specifications; a description
of the intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
(g)
Extent of any proposed alteration of sand dunes.
(h)
Existing and proposed alignment of any proposed alteration of
a watercourse.
(i)
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
(2)
Information in flood hazard areas without base flood elevations
(approximate Zone A).
(a)
Where flood hazard areas are delineated on the effective or
preliminary FIRM and base flood elevation data have not been provided,
the applicant shall consult with the Floodplain Administrator to determine
whether to:
[1]
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
[2]
Obtain, review, and reasonably utilize data available from a
federal, state or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
[3]
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
6 as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
(b)
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
(3)
Analyses and certifications by a licensed professional engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
(a)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 540-527E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
(b)
For development activities proposed to be located in a riverine
flood hazard area where base flood elevations are included in the
FIS or FIRM but floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated flood hazard area encroachments will not increase the
base flood elevation more than 0.2 feet at any point within the jurisdiction.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
(c)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 540-527E(4) of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(d)
For activities that propose to alter sand dunes in coastal high
hazard areas (Zone V) and Coastal A Zones, an engineering analysis
that demonstrates that the proposed alteration will not increase the
potential for flood damage and documentation of the issuance of a
New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
For analyses performed using Methods 5 and 6 (as described in
N.J.A.C. 7:13) in flood hazard zones without base flood elevations
(approximate A Zones).
(4)
Submission of additional data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
F.
Inspections.
(1)
General. Development for which a permit is required shall be
subject to inspection. Approval as a result of an inspection shall
not be construed to be an approval of a violation of the provisions
of these regulations or the building code. Inspections presuming to
give authority to violate or cancel the provisions of these regulations
or the building code or other ordinances shall not be valid.
(2)
Inspections of development. The Floodplain Administrator shall
inspect all development in flood hazard areas authorized by issuance
of permits under these regulations. The Floodplain Administrator shall
inspect flood hazard areas from time to time to determine if development
is undertaken without issuance of a permit.
(3)
Buildings and structures. The Construction Official shall make,
or cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
(a)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 540-527O(2) shall be submitted to the Construction Official on an elevation certificate.
(b)
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 540-527O(2) shall be submitted to the Construction Official on an elevation certificate.
(c)
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 540-527O(2).
(d)
Final inspection. Prior to the final inspection, certification of the elevation required in § 540-527O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. The Floodplain Administrator shall inspect
manufactured homes that are installed or replaced in flood hazard
areas to determine compliance with the requirements of these regulations
and the conditions of the issued permit. Upon placement of a manufactured
home, certification of the elevation of the lowest floor shall be
submitted on an elevation certificate to the Floodplain Administrator
prior to the final inspection.
G.
Variances.
(1)
General. The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 540-527G(5), the conditions of issuance set forth in § 540-527G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
(2)
Historic structures. A variance to the substantial improvement
requirements of this section is authorized provided that the repair
or rehabilitation of an historic structure is completed according
to N.J.A.C. 5:23-6.33, Section 1612 of the International Building
Code and R322 of the International Residential Code, the repair or
rehabilitation will not preclude the structure's continued designation
as an historic structure, the structure meets the definition of the
historic structure as described by this section, and the variance
is the minimum necessary to preserve the historic character and design
of the structure.
(3)
Functionally dependent uses. A variance is authorized to be
issued for the construction or substantial improvement necessary for
the conduct of a functionally dependent use provided the variance
is the minimum necessary to allow the construction or substantial
improvement, and that all due consideration has been given to use
of methods and materials that minimize flood damage during the base
flood and create no additional threats to public safety.
(4)
Restrictions in floodways. A variance shall not be issued for
any proposed development in a floodway when any increase in flood
levels would result during the base flood discharge, as evidenced
by the applicable analysis and certification required in § 540-527(3)(a)
of these regulations.
(5)
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other
lands resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
(f)
The compatibility of the proposed development with existing
and anticipated development.
(g)
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
(h)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(i)
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
(j)
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, streets,
and bridges.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
Submission by the applicant of a showing of good and sufficient
cause that the unique characteristics of the size, configuration or
topography of the site limit compliance with any provision of these
regulations or renders the elevation standards of the building code
inappropriate.
(b)
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
land that render the lot undevelopable.
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(e)
Notification to the applicant, in writing, over the signature
of the Floodplain Administrator 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 that such construction below the base
flood level increases risks to life and property.
H.
Violations.
(1)
Violations. Any development in any flood hazard area that is
being performed without an issued permit or that is in conflict with
an issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the building code is presumed to be a violation until such time as
that documentation is provided.
(2)
Authority. The Floodplain Administrator is authorized to serve
notices of violation or stop-work orders to owners of property involved,
to the owner's agent, or to the person or persons doing the work
for development that is not within the scope of the Uniform Construction
Code but is regulated by these regulations and that is determined
to be a violation.
(3)
Unlawful continuance. Any person who shall continue any work
after having been served with a notice of violation or a stop-work
order, except such work as that person is directed to perform to remove
or remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5, as appropriate.
(4)
Review period to correct violations. A thirty-day period shall
be given to the property owner as an opportunity to cure or abate
the condition. The property owner shall also be afforded an opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 (or optional higher threshold amount up
to $2,000 under N.J.S.A. 40:49-5) may be imposed if a court has not
determined otherwise or, upon reinspection of the property, it is
determined that the abatement has not been substantially completed.
I.
Definitions.
(1)
General. The following words and terms shall, for the purposes
of these regulations, have the meanings shown herein. Other terms
are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms
are defined where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
(2)
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
AH ZONES
AO ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
ALTERATION OF A WATERCOURSE
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 7
ASCE 24
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
(a)
(b)
DEEP FOUNDATIONS
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(a)
[1]
[2]
[3]
(b)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LAWFULLY EXISTING
(a)
(b)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
LOWEST HORIZONTAL STRUCTURAL MEMBER
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
REPETITIVE LOSS
RESIDENTIAL
(a)
(b)
(c)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
(a)
(b)
(c)
START OF CONSTRUCTION
(a)
(b)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
V ZONE CERTIFICATE
V ZONES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the
base flood elevation.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this section, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually areas of ponding) where average depths are between one and
three feet. Base flood elevations (BFEs) derived from detailed hydraulic
analyses are shown in this zone.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
Accessory structures are also referred to as appurtenant
structures. An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the base flood elevation (BFE) as any
other nonresidential building. Under some circumstances it may be
appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual
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.
See "special flood hazard area."
The standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the building code and developed and
published by the American Society of Civil Engineers, Reston, VA.
which includes, but is not limited to, methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads, including those from natural hazards. Flood-related
equations include those for determining erosion, scour, lateral, vertical,
hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for Flood-Resistant Design and Construction,
referenced by the building code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, Advisory Flood Hazard Area Maps, work maps,
or Preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The best available
flood hazard data may be depicted on, but not limited to, Advisory
Flood Hazard Area Maps, work maps, or Preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, Advisory Flood Hazard Area Maps, work maps,
or Preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the local design
flood elevation, it will collapse under specific lateral loads such
that 1) it allows the free passage of floodwaters, and 2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
Per the FHACA, "building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
An area of special flood hazard starting from a Velocity
(V) Zone and extending up to the landward limit of the moderate wave
action delineation. Where no V Zone is mapped the Coastal A Zone is
the portion between the open coast and the landward limit of the moderate
wave action delineation. Coastal A Zones may be subject to wave effects,
velocity flows, erosion, scour, or a combination of these forces.
Construction and development in Coastal A Zones is to be regulated
similarly to V Zones/Coastal High Hazard Areas except as allowed by
ASCE 24.
An area of special flood hazard inclusive of the V Zone 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.
A conditional letter of map revision (CLOMR) is FEMA’s
comment on a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - Fill (CLOMR-F) is
FEMA’s comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day-care center, assisted
living facility, or nursing home.
Per ASCE 24, deep foundations refer to those foundations
constructed on erodible soils in Coastal High Hazard and Coastal A
Zones which are founded on piles, drilled shafts, caissons, or other
types of deep foundations and are designed to resist erosion and scour
and support lateral and vertical loads as described in ASCE 7. Foundations
shall extend to 10 feet below mean water level (MWL) unless the design
demonstrates that pile penetration will provide sufficient depth and
stability as determined by ASCE 24, ASCE 7, and additional geotechnical
investigations if any unexpected conditions are encountered during
construction.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include,
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents including ASCE 24.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the state, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A Zone to a V Zone or Coastal A Zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
through 7:13-3.6 and is typically higher than FEMA's base flood
elevation. A water that has a drainage area measuring less than 50
acres does not possess, and is not assigned, a flood hazard area design
flood elevation.
The official map on which the Federal Emergency Management
Agency 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 Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) 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:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in Subsection (2)(a)[2] of this definition and are akin
to a river or liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited
along the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Subsection (2)(a)[1] of this definition.
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.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade
that meets or exceeds the local design flood elevation. A completed
floodproofing certificate is required at permit application.
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 factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to § 540-527G of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing 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 or a 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:
Per the FHACA, means an existing fill, structure and/or use,
which meets all federal, state, and local laws, and which is not in
violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
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Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
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A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the special
flood hazard area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of special flood hazard on an Flood Insurance
Rate Map (FIRM). Conditional Letters of Map Revision, Conditional
Letters of Map Revision - Fill, Letters of Map Revision, Letters of
Map Revision-Fill, and Letters of Map Amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA’s modification
to an effective Flood Insurance Rate Map (FIRM). Letter of map revisions
are generally - based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community’s master
flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA’s
modification of the special flood hazard area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway may be initiated through the letter
of map change (LOMC) Process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM) map, it is a public
record that the community must maintain. Any LOMR-F should be noted
on the community’s master flood map and filed by panel number
in an accessible location.
Shall refer to either a New Jersey licensed professional
engineer, licensed by the New Jersey State Board of Professional Engineers
and Land Surveyors or a New Jersey Licensed Architect, licensed by
the New Jersey State Board of Architects.
Shall refer to individuals licensed by the New Jersey State
Board of Professional Engineers and Land Surveyors.
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than those in the
VE Zone.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on, but not
limited to, Advisory Flood Hazard Area Maps, work maps, or Preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's
ordinance. In no circumstances shall a project's LDFE be lower
than a permit-specified flood hazard area design flood elevation or
a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard
as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. 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 as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
In an elevated building in a Coastal A or Coastal High Hazard
Zone, the lowest beam, joist, or other horizontal member that supports
the building is the lowest horizontal structural member. Grade beams
installed to support vertical foundation members where they enter
the ground are not considered lowest horizontal members.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods: 1) actual cash value (replacement cost depreciated for age
and quality of construction); 2) tax assessment value adjusted to
approximate market value by a factor provided by the Property Appraiser;
or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include, but are not limited
to, replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air conditioning equipment,
exhaust fans, built in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of State or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices and has no permanently attached
additions.
Any flood-related damage sustained by a structure on two
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on the average, equals
or exceeds 25% of the market value of the structure before the damage
occurred.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures, including but not limited to, one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boarding houses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including,
but not limited to, board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
Shall mean the storage, treatment, utilization, processing
or final disposition of solid waste as described in N.J.A.C. 7:26-1.6
or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3
for a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following:
Land in the floodplain within a community subject to a 1% or
greater chance of flooding in any given year, shown on the FIRM as
Zone V, VE, V1-3, A, AO, A1-30, AE, A99, or AH;
Land and the space above that land, which lies below the peak
water surface elevation of the flood hazard area design flood for
a particular water, as determined using the methods set forth in the
New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
Riparian buffers as determined in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13. Also referred to as the "AREA OF
SPECIAL FLOOD HAZARD."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided
that the actual start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, 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.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevation's (BFEs)
increase or zones change, the start of construction includes substantial
improvement, 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 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.
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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. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised, and base flood elevation's
(BFEs) increase or zones change.
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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.
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For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
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A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
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 taking place over a ten-year period, the cumulative
cost of which equals or exceeds 50% of the market value of the structure
before the "start of construction" of the improvement. The period
of accumulation includes the first improvement or repair of each structure
that is permanent subsequent to June 15, 2022. This term includes
structures which have incurred "substantial damage," regardless of
the actual repair work performed. This term also includes structures
which have incurred "repetitive loss" or "substantial damage," regardless
of the actual repair work performed. The term does not, however, include
either:
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 official
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."
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal after a notice of violation pertaining to this
section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A certificate that contains a certification signed by a licensed
design professional certifying that the designs, plans, and specifications
and the methods of construction in V Zones and Coastal A Zones are
in accordance with accepted standards of practice. This certificate
also includes an optional breakaway wall design certification for
enclosures in these zones below the best available flood hazard data
Elevation. A completed certification is required at permit application.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation in any given year shown
on the Flood Insurance Rate Map (FIRM) zones V1-V30 and VE and is
referred to as the "Coastal High Hazard Area."
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the building code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this section is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, though, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[2]
Editor's Note: See 16 U.S.C. § 3501 et seq.
J.
Subdivisions and other developments.
(1)
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
(2)
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
(a)
The flood hazard area, including floodways, coastal high hazard
areas, and Coastal A Zones, and base flood elevations, as appropriate,
shall be delineated on tentative subdivision plats.
(b)
Residential building lots shall be provided with adequate buildable
area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in
these regulations and appropriate codes shall be met.
K.
Site improvement.
(1)
Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 540-527E(3)(a) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 540-527E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 540-527O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(3)
Coastal High Hazard Areas (V Zones) and Coastal A Zones. In
Coastal High Hazard Areas and Coastal A Zones:
(a)
New buildings shall only be authorized landward of the reach
of mean high tide.
(b)
The placement of manufactured homes shall be prohibited except
in an existing manufactured home park or subdivision.
(c)
Basements or enclosures that are below grade on all sides are
prohibited.
(d)
The use of fill for structural support of buildings is prohibited.
(4)
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
(5)
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
(6)
Storm drainage. Storm drainage shall be designed to convey the
flow of surface waters to minimize or eliminate damage to persons
or property.
(7)
Streets and sidewalks. Streets and sidewalks shall be designed
to minimize potential for increasing or aggravating flood levels.
(8)
Limitations on placement of fill. Subject to the limitations
of these regulations, fill shall be designed to be stable under conditions
of flooding including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
(9)
Limitations on sites in Coastal High Hazard Areas (V Zones) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by § 540-527E(3)(d) of these regulations demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with § 540-527O(9)(c) of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).
(10)
Hazardous materials. The placement or storage of any containers
holding hazardous substances in a flood hazard area is prohibited
unless the provisions of N.J.A.C. 7:13 which cover the placement of
hazardous substances and solid waste is met.
L.
Manufactured homes.
(1)
General. All manufactured homes installed in flood hazard areas
shall be installed pursuant to the Nationally Preemptive Manufactured
Home Construction and Safety Standards Program (24 CFR 3280).
(2)
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 540-527O(2).
(3)
Foundations. All new, relocated, and replacement manufactured
homes, including substantial improvement of existing manufactured
homes, shall be placed on permanent, reinforced foundations that are
designed in accordance with Section R322 of the Residential Code.
(4)
Anchoring. All new, relocated, and replacement manufactured
homes to be placed or substantially improved in a flood hazard area
shall be installed using methods and practices which minimize flood
damage and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 540-527O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 540-527O(2) of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 540-527O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles
shall not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
(3)
Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 540-527O(2) for habitable buildings.
N.
Tanks.
(1)
Tanks. Underground and aboveground tanks shall be designed,
constructed, installed, and anchored in accordance with ASCE 24 and
N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work.
All development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
(a)
Be located and constructed to minimize flood damage;
(b)
Meet the limitations of § 540-527E(3)(a) of this section when located in a regulated floodway;
(c)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 540-527B(3);
(d)
Be constructed of flood-damage-resistant materials as described
in ASCE 24 Chapter 5;
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 540-527B(3) or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(f)
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of off-site flooding
as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(a)
Construction and elevation in A Zones not including Coastal
A Zones.
[1]
No portion of a building is located within a V Zone.
[2]
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
[3]
All new construction and substantial improvement of any habitable building (as defined in § 540-527I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 540-527B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of nonresidential
structures shall:
[a]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 540-527B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary
facilities, be designed so that below the local design flood elevation,
the structure:
[i]
Meets the requirements of ASCE 24 Chapters 2 and 7; and
[ii]
Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design professional,
is certified by that individual in a Floodproofing Certificate, and
is confirmed by an elevation certificate.
[5]
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
[a]
For habitable structures, be situated at or above
the adjoining exterior grade along at least one entire exterior wall,
in order to provide positive drainage of the enclosed area in accordance
with N.J.A.C. 7:13; enclosures (including crawlspaces and basements)
which are below grade on all sides are prohibited;
[b]
Be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters unless the structure is nonresidential and the requirements
of § 540-527O(2)(a)[4][b] are met;
[c]
Be constructed to meet the requirements of ASCE
24, Chapter 2;
[d]
Have openings documented on an elevation certificate;
and
[e]
Have documentation that a deed restriction has
been obtained for the lot if the enclosure is greater than six feet
in height. This deed restriction shall be recorded in the Office of
the County Clerk or the Registrar of Deeds and Mortgages in which
the building is located, shall conform to the requirements in N.J.A.C.
7:13, and shall be recorded within 90 days of receiving a Flood Hazard
Area Control Act permit or prior to the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
[ii]
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation.
[iii]
The deed restriction prohibits habitation of
the enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement.
(b)
Construction and elevation in V Zones and Coastal A Zones.
[1]
All new construction and substantial improvements shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter 4 which are signed by a licensed design professional and certified by that individual in a V Zone Certificate.
[2]
All new construction and substantial improvement of any habitable building (as defined in § 540-527I) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation as determined in § 540-527B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
[3]
All new construction and substantial improvements of nonresidential
structures shall:
[a]
Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 540-527B(3), be in conformance with ASCE 24 Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary
facilities, be designed so that below the local design flood elevation,
the structure:
[ii]
Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a Floodproofing
Certificate, and is confirmed by an elevation certificate.
[4]
All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening 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. All breakaway walls shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter 4, signed by a licensed design professional, and certified by that individual in a breakaway wall certificate.
[5]
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
[a]
Be situated at or above the adjoining exterior
grade along at least one entire exterior wall, in order to provide
positive drainage of the enclosed area in accordance with N.J.A.C.
7:13; enclosures (including crawlspaces and basements) which are below
grade on all sides are prohibited.
[b]
Be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters unless the structure is nonresidential and the requirements
of § 540-527O(2)(b)[3][b] are met;
[d]
Have openings documented on an elevation certificate
and have breakaway wall construction documented on a breakaway wall
certificate unless the requirements of § 540-527O(b)[3][b]
are met for a nonresidential structure; and
[e]
Have documentation that a deed restriction has
been obtained for the lot if the enclosure is greater than six feet
in height. This deed restriction shall be recorded in the Office of
the County Clerk or the Registrar of Deeds and Mortgages in which
the building is located, shall conform to the requirements in N.J.A.C.
7:13, and shall be recorded within 90 days of receiving a Flood Hazard
Area Control Act permit or prior to the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience;
[ii]
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation;
[iii]
The deed restriction prohibits habitation of
the enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement.
[6]
Enclosures are prohibited for new construction or substantial
improvements; or for new construction or substantial improvements,
enclosures shall be less than 295 square feet in size.
(3)
Garages and accessory storage structures. Garages and accessory
storage structures shall be designed and constructed in accordance
with the Uniform Construction Code.
(4)
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 540-527E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 540-527G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 540-527E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 540-527E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(a)
For any railroad, roadway, or parking area proposed in a flood
hazard area, the travel surface shall be constructed at least one
foot above the Flood Hazard Area Design Elevation in accordance with
N.J.A.C. 7:13.
(b)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 540-527E(3)(a) of these regulations.
(8)
Other development in Coastal High Hazard Areas (Zone V) and
Coastal A Zones. In Coastal High Hazard Areas (V Zones) and Coastal
A Zones, development activities other than buildings and structures
shall be permitted only when also authorized by the appropriate federal,
state or local authority; when located outside the footprint of, and
not structurally attached to, buildings and structures; and when analyses
prepared by a licensed professional engineer demonstrates no harmful
diversion of floodwater or wave run-up and wave reflection that would
increase damage to adjacent buildings and structures. Such other development
activities include, but are not limited to:
(a)
Bulkheads, seawalls, retaining walls, revetments, and similar
erosion control structures;
(b)
Solid fences and privacy walls, and fences prone to trapping
debris, unless designed and constructed to fail under flood conditions
less than the base flood or otherwise function to avoid obstruction
of floodwater; and
(c)
On-site filled or mound sewage systems.
(9)
Nonstructural fill in Coastal High Hazard Areas (Zone V) and
Coastal A Zones. In Coastal High Hazard Areas and Coastal A Zones:
(a)
Minor grading and the placement of minor quantities of nonstructural
fill shall be permitted for landscaping and for drainage purposes
under and around buildings.
(b)
Nonstructural fill with finished slopes that are steeper than
one unit vertical to five unit's horizontal shall be permitted
only when an analysis prepared by a licensed professional engineer
demonstrates no harmful diversion of floodwater or wave run-up and
wave reflection that would increase damage to adjacent buildings and
structures.
(c)
Sand dune construction and restoration of sand dunes under or
around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave run-up
and wave reflection where the scale and location of the dune work
is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. Temporary structures shall be erected
for a period of less than 180 days. Temporary structures shall be
anchored to prevent flotation, collapse or lateral movement resulting
from hydrostatic loads, including the effects of buoyancy, during
conditions of the base flood. Fully enclosed temporary structures
shall have flood openings that are in accordance with ASCE 24 to allow
for the automatic entry and exit of flood waters.
(2)
Temporary storage. Temporary storage includes storage of goods
and materials for a period of less than 180 days. Stored materials
shall not include hazardous materials.
(3)
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 540-527E(3)(a) of these regulations.
Q.
Utility and Miscellaneous Group U.
(1)
Utility and Miscellaneous Group U. In accordance with Section
312 of the International Building Code, Utility and Miscellaneous
Group U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet), fences more than six feet (1,829 mm)
high, grain silos (accessory to a residential occupancy), livestock
shelters, private garages, retaining walls, sheds, stables, tanks
and towers.
(2)
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 540-527B(3).
(3)
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 540-527B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 540-527O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 540-527B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in § 540-527B(3).
Exception: Electrical systems, equipment and components, and
heating, ventilating, air-conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation provided they conform to the provisions of NFPA 70
(National Electric Code).
A.
As a condition of approval and the continuance of any use, occupancy
of any structure, and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the Municipal Agency, or to
its designated representative, that the proposed use, structure, process,
or equipment will conform fully with all of the applicable performance
standards.
(1)
As evidence of compliance, the Municipal Agency may require
certification of tests by appropriate government agencies or by recognized
testing laboratories, any costs thereof to be borne by the applicant.
(2)
The Municipal Agency may require that specific types of equipment,
machinery, or devices be installed, or that specific operating procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment, devices, procedures or methods
are required in order to assure compliance with the applicable performance
standards.
(3)
Permits and certificates required by other government agencies
shall be submitted to the Municipal Agency as proof of compliance
with applicable codes.
(4)
If appropriate permits, tests and certifications are not or
cannot be provided by the applicant, then the Municipal Agency or
Administrative Officer (Zoning Officer) may require that instruments
and/or other devices, or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use and the cost thereof shall be borne
by the owner, applicant, or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made at the time of application
that a proposed use, process or piece of equipment will meet the standards
established in this section, the Municipal Agency may issue or may
recommend issuance of a conditional permit. The conditional permit
would be based on submission of evidence that the proposed use, process
or equipment will meet the standards established herein after completion
or installation and operation.
(b)
Within 30 days after a conditional permit is granted, a certificate
of occupancy shall be applied for and satisfactory evidence submitted
that all standards established by this section have been met.
B.
Applicability and enforcement of performance standards.
(1)
Applicability.
(a)
Prior to construction and operation: Any application for development
or building permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section, and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that said
use will be operated in accordance with the performance standards
set forth herein.
(b)
For existing structures: Any existing structure or use which
is, after the effective date of this chapter, allowed to deteriorate
or is modified so as to reduce its compliance with these standards
will be deemed to be in noncompliance and to constitute a violation.
(2)
Continued compliance. Continued compliance with performance
standards is required and shall be enforced by the Construction Official
or Administrative Officer (Zoning Officer).
(3)
Termination of violation. All violations shall be terminated
within 30 days of notice or shall be deemed a separate violation for
each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Construction
Official or Administrative Officer (Zoning Officer), there is a reasonable
probability that any use or occupancy violates the regulations of
this article, they are hereby empowered to employ a qualified technician
or technicians to perform investigations, measurements and analyses
to determine whether or not the regulations of this section are being
violated. In the event that a violation is found to exist, the violator
shall be liable for the reasonable fees of the technicians employed
to perform such investigations, measurements, and analyses.
C.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations of
the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1
et seq.) are hereby incorporated by reference without being set forth
in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any
application for development be approved which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located:
[1]
Continuous airborne sound which has a sound level in excess
of 50 dBA;
[2]
Continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one or
more octave bands; or
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
500
|
48
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
|
[3]
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in conjunction with
religious services.
[3]
Commercial motor vehicle operations.
[4]
Emergency energy-release devices.
[5]
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) signals or devices used to warn
the community of attack or imminent public danger such as flooding
or explosion. These systems are controlled by the N.J. Civil Defense
and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
Rail and/or truck operations conducted by or in
conjunction with the U.S. Naval Ordnance Depot - Earle.
[13]
The unamplified human voice.
[14]
Use of explosive devices. These are regulated
by the N.J. Department of Labor and Industry under the 1960 Explosives
Act (N.J.S.A. 21:1A-128), and in the case of USNAD Earle, the U.S.
Department of Defense.
(2)
Air pollution. No substance shall be emitted into the atmosphere
in quantities which are injurious to human, plant or animal life or
to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented,
and all the following provisions stated, whichever shall be more stringent,
shall be complied with.
(a)
Smoke. In any zone, no smoke, the shade or appearance of which
is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator or fuel-burning equipment;
provided, however, that smoke emitted during the cleaning of a fire
box or the building of a new fire, the shade or appearance of which
is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three minutes in
any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones, the allowable discharge
shall be 75% of the allowable emission permitted by the New Jersey
Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of
Environmental Protection.
[6]
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
Any process, which may involve the creation or emission of any odors,
shall be provided with a secondary safeguard system, so that control
will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor
Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors,"
copyrighted October 1968, by the Manufacturing Chemists Association,
Inc., Washington, D.C., shall be used as a guide in determining quantities
of offensive odors.
(3)
Liquid waste. No liquid waste shall be discharged into any watercourse,
storm drain or sewage collection and disposal system, nor into any
ground sump, any well or percolation area, except in accordance with
plans approved by the Municipal Public Works Department, Department
of Health and Social Services, and Municipal Engineer, and where required
by the New Jersey Department of Environmental Protection.
(4)
Solid waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the municipality assumes the
responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter
8, "Refuse Disposal," Public Health Council of the State Department
of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk,
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other municipal codes and ordinances.
(5)
Radiation. All use of materials, equipment or facilities, which
are or may be sources of radiation, shall comply with all controls,
standards and requirements of the U.S. Atomic Energy Act of 1965,
as amended, and any codes, rules or regulations promulgated under
such Act, as well as the N.J. Radiation Protection Law, N.J.S.A. 26:2D
et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be carried
on only in buildings classified as fireproof by the Building Code
of the municipality,[1] and as determined by the Fire Department. The operation
shall be conducted in such a manner and with such precautions against
fire and explosion hazards as to produce no explosion hazard as determined
by the New Jersey Inspection Bureau of Fire Prevention to a use on
an adjacent property and must conform to the rules and regulations
of the most recent adopted edition of the Fire Prevention Code of
the National Board of Fire Underwriters and the Middletown Township
Fire Department.
(7)
Vibration. There shall be no vibration which shall be discernible
to the human sense of feeling beyond the boundaries of the lot on
which the source is located. At no point on or beyond the boundary
of any lot shall the maximum ground transmitted steady state or impact
vibration caused by any use or activity (except those not directly
under the control of the property user) exceed a particle velocity
of 0.10 inch per second for impact vibrations. Particle velocity is
to be determined by the formula 6.28F x A, where F is the frequency
of the vibration in cycles per second and A is the maximum single
amplitude displacement of the vibration in inches. For the purpose
of measuring vibrations, a three-component measuring system shall
be used. For the purpose of this chapter, steady-state vibrations
are vibrations which are continuous, or vibrations in discrete impulses
more frequent than 100 per minute. Discrete impulses which do not
exceed 100 per minute shall be considered impact vibrations.
(9)
Heat. Every use and activity shall be so operated that it does
not raise the ambient temperature more than 2° C. at or beyond
the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions
shall be fire-resistant construction in accordance with the requirements
of the State Uniform Construction Code.
(11)
Glare.
(a)
There shall be no direct or sky-reflected glare exceeding 1 1/2
footcandles measured at the boundaries of the lot on which the source
is located.
(b)
This regulation shall not apply to lights which are used solely for
the illumination of entrances or exits or driveways leading to a parking
lot. Any operation or activity producing intense glare shall be conducted
so that direct and indirect illumination from the source of light
shall not cause illumination in excess of 0.1 footcandle in residential
districts.
(12)
Lighting and illumination. Artificial lighting or illumination
provided on any property or by any use shall adhere to the following
standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed 0.5 footcandle beyond any property line.
(b)
Spotlights or other types of artificial lighting that provide
a concentrated beam of light shall be so directed that the beam of
light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
A.
It is the intent of this section to assure that the public health,
safety, and welfare is not impaired by the neglected maintenance of
the buildings and property. It is further intended to assure that
site improvements required by a municipal agency are properly maintained
and operable. It shall be the Administrative Officer's responsibility
to enforce this section where property conditions pose a hazard to
the public or where a property owner fails to maintain a required
site improvement.
B.
It shall be the responsibility of every property owner, tenant, developer
and applicant to maintain in a safe and orderly condition, all buildings
and land in the municipality which they own, use, occupy or have maintenance
responsibility for in accordance with the following regulations.
(1)
Maintenance of all land uses within the municipality shall include,
but is not limited to, the following:
(a)
Potholes and other pavement failures within paved parking areas
shall be repaired on a regular basis, but in no event shall potholes
or pavement failures be left unrepaired for a period in excess of
30 days. If such potholes or pavement failures are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
(b)
Paint striping, traffic control signs and markings, and all
other signs and graphics shall be maintained in a condition whereby
they can be clearly seen and are legible.
(c)
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians.
(d)
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
(e)
All areas of the site shall be kept free of debris and other
materials. All users of shopping carts or similar items shall provide
for the regular pickup of such shopping carts or similar items from
parking areas and other portions of the site at least once every hour
during their business hours. All shopping carts or similar items shall
either be stored indoors or in a location adjacent to the building
specifically set aside for such storage during nonbusiness hours.
(f)
All plantings and ground cover shall be regularly watered and
cut. All dead plant materials shall be removed or replaced (if such
plantings are required under this article, they shall be replaced
only). All lawn or other nonpaved areas shall be kept trimmed and
free from weeds and other noxious growth.
(g)
Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
(h)
All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
(i)
All outdoor lighting shall be maintained in a working condition.
(2)
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified in § 540-529B(1) above, additional maintenance responsibilities shall include, but are not limited to, the following:
(a)
All ground cover and plantings within screening and landscaping
areas shown on an approved site plan or subdivision shall be regularly
maintained. When plant material shown on an approved site plan or
subdivision dies, it shall be replaced within the first 30 days of
the next planting season.
(b)
Where a site plan specifies an outdoor refuse storage area,
refuse shall only be stored outdoors in such areas. Refuse containers
located elsewhere on the site shall not be permitted.
A.
In carrying out all its duties and responsibilities, including but not limited to the nomination of landmarks and districts for historic designation pursuant to § 540-314I and the review of regulated activities pursuant to § 540-944C, the Commission shall be guided by the "Secretary of the Interior's Standards for Rehabilitation of Historic Buildings," which may hereafter be amended and which are given as follows:
(1)
Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are
evidence of the history and development of a building, structure,
or site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood or environment.
(10)
Wherever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
B.
On a historic landmark or within a historic district designated pursuant to Article IX, and regulated pursuant to § 540-944, visual compatibility factors shall be considered by the Landmarks Commission in its review. It is the intent of this section to preserve the integrity and authenticity of historic landmarks and districts and to insure the compatibility of new structures. If past architectural styles are to be used, a copy of a specific structure is preferable to an amalgam of building types and styles. In regard to an application for any regulated activity pursuant to § 540-944, the following visual compatibility factors shall be considered:[1]
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
(3)
Proportion of openings within the facility. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with the buildings and placed to which it is
visually related.
(4)
Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship
of entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually
compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building such as walls,
open-type fencing and evergreen landscape masses shall form cohesive
walls of enclosure along a street, to the extent necessary to maintain
visual compatibility with the buildings and places to which it is
visually related.
(10)
Scale of building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
(11)
Directional expression of front elevation. A building shall
be visually compatible with buildings and places to which it is visually
related in its directional character, whether this be vertical character,
horizontal character or nondirectional character.
(12)
Exterior features. A structure's related exterior features such
as lighting, fences, signs, sidewalks, driveways, and parking areas
shall be compatible with the features of those structures to which
it is visually related and shall be appropriate for the historic period
for which the structure is significant.
C.
In preparing a recommendation regarding a regulated activity pursuant to § 540-944C, the Landmarks Commission shall consider whether the proposed activity is reasonable and appropriate and is not in conflict with the intent and purpose of the provisions related to historic sites and districts as exemplified by the following standards and regulations:
(1)
Regulated activities other than demolitions and removals. In
regard to an application involving any regulated activity other than
demolition or removal, the following matters shall be considered:
(a)
The extent to which the proposed use of any building or structure
involved may have a negative impact on the continued viability of
the historic landmark or district.
(b)
The extent to which the proposed activity will adversely affect
the public's view of a historic landmark or a structure within a historic
district.
(c)
If a historic building, place, or structure is involved:
[1]
The extent to which the proposed change will detract from the
architectural or historic character of the historic landmark or from
the criteria which were the basis of the designation of the historic
landmark.
[2]
The extent to which the proposed change will result in the loss
of old, unusual, or uncommon design, craftsmanship, textures or materials
that cannot be reproduced or can be reproduced only with great difficulty.
[3]
The landmark's importance to the Township and the extent to
which its historic or architectural interest would be adversely affected
to the detriment of the public interest by the proposed activity.
(2)
Demolitions. In regard to an application to demolish a historic
landmark, or any improvement within a historic district, the following
matters shall be considered:
(a)
Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 540-944.
(b)
If it is within a historic district, its significance to the
district as a key, contributing or noncontributing structure and the
probable impact of its removal on the character and ambiance of the
district and the criteria which were the basis of the designation
of the district.
(c)
Its potential for use for those purposes currently permitted
by the Zoning Ordinance.
(d)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(e)
Its importance to the municipality and the extent to which its
historical or architectural value is such that its removal would be
detrimental to the public interest.
(f)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty and expense.
(g)
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design, or making the municipality
an attractive and desirable place in which to live.
(3)
In regard to an application to move a historic landmark or any
building or structure in a historic district to a new location, the
following matters shall be considered:
(a)
The historic loss to the site of original location and, if the
present location is within a historic district, to the historic district
as a whole.
(b)
The reasons for not retaining the landmark or structure at its
present site.
(c)
The compatibility, nature, and character of the current and
of the proposed surrounding areas as they relate to the protection
of interest and values referred to in this section.
(d)
If the proposed new location is within a district, visual compatibility factors as set forth in § 540-530.
(e)
The probability of significant damage to the landmark or structure
itself.
(f)
If it is to be removed from Middletown Township, the proximity
of the proposed new location to the Township, including the accessibility
to the residents of the Township and other citizens.
[Amended 2-6-2006 by Ord.
No. 2005-2851]
A.
Purpose. Pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq., the New Jersey Council on Affordable Housing (COAH) Middletown
Department of Planning and Community Development adopted substantive
regulations, N.J.A.C. 5:93-1 et seq., setting forth requirements as
to affordable units within a municipality's housing element and fair
share plan. The purpose of this section is to ensure that these affordable
units comply with applicable COAH requirements so as to ensure their
credit-worthiness.
B.
Affordable housing requirements. Any applicant seeking to develop
one or more affordable housing units shall submit an application for
development, including a narrative description of the overall project
and the affordable housing components of the project. All affordable
housing units established or created shall be deed-restricted so that
affordability is maintained for at least 30 years.
C.
Affordable Housing Administrator.
(1)
The Director of the Department of Planning and Community Development
shall serve as the Township's Affordable Housing Administrator. The
Affordable Housing Administrator shall be responsible for the monitoring
and administration of the Township's affordable housing activities,
including the resale and or rerental of affordable housing units.
(2)
The role of Middletown Township Department of Planning and Community
Development: to provide assurances that low- and moderate-income units
are created with controls on affordability over time and that low-
and moderate-income households occupy these units, Middletown Township
will enter into an agreement with the Middletown Township Department
of Planning and Community Development to be responsible for insuring
affordability of sales and rental units over time. The Middletown
Township Department of Planning and Community Development will be
responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(3)
In addition, the Middletown Township Department of Planning
and Community Development will be responsible for utilizing the verification
and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing
households in low- and moderate-income units.
(4)
Newly constructed low- and moderate-income sales units will
remain affordable to low- and moderate-income households for at least
30 years. The Middletown Township Department of Planning and Community
Development will require all conveyances of newly constructed units
to contain appropriate deed restriction and mortgage liens designed
to ensure affordability and to preserve the units for low- and moderate-income
households in the event of a foreclosure.
(5)
Housing units created through the conversion of a nonresidential
structure will be considered a new housing unit and will be subject
to thirty-year controls on affordability. The Middletown Township
Department of Planning and Community Development will require an appropriate
deed restriction and mortgage lien.
D.
Inclusionary development.
(1)
Affordable housing compliance.
(a)
Middletown's Department of Planning and Community Development
will serve as the administrative agent for all affordable housing
units within the Township. The Department will therefore be responsible
for all responsibilities delineated in the regulations, including
but not limited to affirmative marketing of affordable housing units;
soliciting, scheduling, conducting and following up on interviews
with interested households; obtaining financial information to determine
eligibility; providing written notification to each applicant as to
the determination of eligibility or noneligibility; creating and maintaining
a referral list of eligible applicant households; furnishing attorneys
or closing agents proper forms of deed restrictions and mortgages;
creating and maintaining a file on each restricted unit for its control
period; providing annual reports to COAH as required.
(b)
The developer of any project containing affordable housing shall
pay a fee to the Township of $1,000 for each affordable housing unit.
Said fee shall be paid in a lump sum, prior to the issuance of the
first certificate of occupancy of an affordable unit. This fee can
be waived where the developer is a nonprofit agency and where said
agency will perform the eligibility procedures described above.
(2)
The low/moderate split. Middletown's new construction or inclusionary,
or growth share component will be divided equally between low- and
moderate-income households as per N.J.A.C. 5:94 et seq.
(3)
Except for inclusionary developments constructed pursuant to
low-income tax credit regulations:
(a)
At least 1/2 of all units within each inclusionary development
will be affordable to low-income households.
(b)
At least 1/2 of all rental units will be affordable to low-income
households.
(c)
Pursuant to N.J.A.C. 5:93-7.2, with the exception of inclusionary
developments constructed pursuant to the 4% low-income tax credit
regulations pursuant to the Internal Revenue Code Section 42h, at
least 1/3 of all affordable units in each bedroom distribution (as
delineated in N.J.A.C. 5:94 et seq.) shall be affordable to low-income
households.
(4)
Bedroom distribution. Inclusionary developments that are not
restricted to senior citizens will be structured so that:
(a)
The combination of efficiency and one-bedroom units is at least
10% and no greater than 20% of the total low- and moderate-income
units.
(b)
At least 30% of all low- and moderate-income units are two-bedroom
units.
(c)
At least 20% of all low- and moderate-income units are three-bedroom
units.
(d)
Low- and moderate-income units restricted to senior citizens
may utilize a modified bedroom distribution. At a minimum, the number
of bedrooms will equal the number of senior citizen low- and moderate-income
units within the inclusionary development.
(5)
Establishing affordable sale and rental prices for affordable
units. The following criteria will be used in determining maximum
rents and sale prices:
(a)
Efficiency units will be affordable to one-person households.
(b)
One-bedroom units will be affordable to one-and-one-half-person
households.
(c)
Two-bedroom units will be affordable to three-person households.
(d)
Three-bedroom units will be affordable to four-and-one-half-person
households.
(e)
Four-bedroom units shall be affordable to six-person households.
(f)
Median income by household size will be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD, as per N.J.A.C. 5:94 et seq.
(g)
The maximum rents of low- and moderate-income units within each
inclusionary development shall be affordable to households earning
no more than 60% of median income. Developments shall have an overall
affordability range of 52% for rental units.
(h)
In averaging an affordability range of 52% for rental units,
developers and/or municipal sponsors of rental units may establish
one rent for a low-income unit and one rent for a moderate-income
unit for each bedroom distribution.
(i)
For both owner-occupied and rental units, the low- and moderate-income
units will utilize the same heating source as market units within
an inclusionary development.
(j)
Low-income housing units shall be reserved for households with
a gross household income less than or equal to 50% of the median income
approved by the Council. Moderate-income housing units shall be reserved
for households with a gross household income less than 80% of the
median income approved by the Council. For example, a household earning
48% of median income may be placed in any low-income unit; however,
a household earning 53% may not quality for a low-income unit. A household
earning 67% of median may be placed in any moderate-income housing
unit. A household earning less than 50% of median may be placed in
a moderate-income housing unit. Low- and moderate-income units shall
not be offered to households that are not income eligible without
Council approval pursuant to N.J.A.C. 5:94 et seq.
(k)
The regulations outlined in N.J.A.C. 5:94 et seq. and 9.16 will
be applicable for purchased and rental units.
(6)
Additional criteria for rental units. For rental units, developers
and/or municipal sponsors may:
(a)
Establish one rent for a low-income unit and one for a moderate-income
unit for each bedroom distribution.
(b)
Gross rents, including an allowance for utilities, shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size referenced in Subsection D(5)(a) through (e) above. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by HUD for use in New Jersey.
(7)
Additional criteria for sale units.
(a)
The initial price of a low- and moderate-income owner-occupied
single-family housing unit will be established so that after a down
payment of 5%, the monthly principal, interest, homeowner's insurance,
property taxes (based on the restricted value of the low- and moderate-income
unit) and condominium or homeowner fee does not exceed 28% of the
eligible gross monthly income.
(b)
The initial price of a low- and moderate-income owner-occupied
single-family housing unit shall be established so that after a down
payment of 5%, the monthly principal, interest, homeowner and private
mortgage insurances, property taxes (property taxes shall be based
on the restricted value of low- and moderate-income units) and condominium
or homeowner fees do not exceed 28% of the eligible gross monthly
income.
(c)
Pursuant to N.J.A.C. 5:94 et seq., Middletown shall utilize
the uniform deed restriction found at N.J.A.C. 5:80-26 for all affordable
units. Pursuant also to N.J.A.C. 5:80-26, a judgment of foreclosure
on any of these units will not extinguish this deed restriction.
(d)
Middletown will require a certificate of reoccupancy for any
occupancy of a low- or moderate-income sales unit resulting from a
resale as per N.J.A.C. 5:93-9.3(c).
(e)
Municipal, state, nonprofit and seller options regarding sale
units will be consistent with N.J.A.C. 5:94 et seq. Municipal rejection
of repayment options for sale units will be consistent with N.J.A.C.
5:94.
(f)
The continued application of options to create, rehabilitate
or maintain low- and moderate-income sale units will be consistent
with N.J.A.C. 5:94.
(g)
Eligible capital improvements prior to the expiration of controls
on sale units will be consistent with N.J.A.C. 5:94.
(h)
The regulations detailed in N.J.A.C. 5:94 will be applicable
to low- and moderate-income units that are for sale units.
(8)
In zoning for inclusionary developments, the following is required:
(a)
Low- and moderate-income units will be built in accordance with
the schedule included in N.J.A.C. 5:94:
|
Minimum Percent of Low- and Moderate-Income Units Completed
|
Percent of Marketing Housing Units Completed
| |
|---|---|---|
|
0%
|
25%
| |
|
10%
|
25% + 1 unit
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
100%
|
90%
|
(b)
A newly constructed unit is considered complete when the certificate
of occupancy is issued.
(c)
A design of inclusionary developments that integrates low- and
moderate-income units with market units is encouraged as per N.J.A.C.
5:94.
(9)
For growth share projects where there are fewer than six affordable
housing units being created, certificates of occupancy shall be issued
for the affordable units prior to the issuance of a certificate of
occupancy for the last market rate unit. For projects involving more
than six units, the schedule for completion of the affordable units
shall be established as a condition of either Planning or Zoning Board
approval.
(10)
Rehabilitated units.
(a)
Rehabilitated owner-occupied single-family housing units that
are improved to code standard will be subject to affordability controls
for at least 10 years and all other COAH requirements.
(b)
Rehabilitated renter-occupied housing units that are improved
to code standard will be subject to affordability controls for at
least 10 years and all other COAH requirements.
(11)
Rental units.
(a)
Newly constructed low- and moderate-income rental units will
remain affordable to low- and moderate-income households for at least
30 years. The Middletown Township Department of Planning and Community
Development will require an appropriate deed restriction and mortgage
lien subject to the court's approval.
(b)
Controls on affordability on accessory apartments shall remain
in effect for at least 10 years. To be eligible for a rental bonus
pursuant to N.J.A.C. 5:93-5.15, controls on affordability shall remain
in effect for a least 30 years.
(c)
Controls on affordability on alternative living arrangements
shall remain in effect for at least 10 years. To be eligible for a
rental bonus (pursuant to N.J.A.C. 5:93-5.15), controls on affordability
shall remain in effect for at least 30 years.
(12)
Section 14(b) of the Fair Housing Act N.J.A.C. 52:27D-301 et
seq. incorporates the need to eliminate unnecessary cost-generating
features from Middletown's land use ordinances. To further this end,
Middletown shall ensure that all inclusionary projects are held in
conformance with the residential site improvement standards and that
the Planning Board expeditiously processes applications for development
of inclusionary projects. Nothing herein shall prevent Middletown
from seeking to demonstrate that more stringent standards may be appropriate.
The Township will cooperate with developers of inclusionary projects
to grant such reasonable variances necessary to construct inclusionary
development.
(13)
Tenant and occupancy selection.
(a)
For those seeking housing, an Application for Affordable Housing
shall be submitted in a form approved by the Township, to the Department
of Planning and Community Development. Said application will contain
basic information requests in order to determine eligibility and needs
of the applicant. The information will be then placed into a database
maintained by the Township. This database shall provide the basis
for tenant and purchaser selection, in accordance with the rules of
COAH.
(b)
Additional information may be required by the Township in accordance
with the Uniform Housing Affordability Controls (UHAC), pursuant to
N.J.A.C. 5:80-26.1 et seq.
(c)
Knowingly or intentionally filing false or misleading information
in order to obtain an affordable housing unit shall be grounds for
disqualification, even if the applicant is otherwise qualified.
(d)
Any developer, property owner or applicant who knowingly or
intentionally violates the rules of the Township and or the New Jersey
Council on Affordable Housing shall be subject to penalty.
(14)
(15)
Calculation of resale and rerental prices shall be performed
by the Township Planning Department upon application by the property
owner or landlord. Landlords shall pay a fee of $50 to the Township
when requesting rerental calculation and new tenant selection. All
calculations shall be in accordance with COAH rules.
(16)
The requirements of the Uniform Housing Affordability Controls
(UHAC), N.J.A.C. 5:80-26.1 et seq., shall be utilized and adhered
to for the purposes of:
|
Limitations on Indebtedness Secured by Ownership Unit; Subordination
|
5:80-26.8
| |
|
Capital Improvements to Ownership Units
|
5:80-26.9
| |
|
Affirmative Marketing Procedures
|
5:80-26.15
| |
|
Household Certification and Referral
|
5:80-26.16
| |
|
Procedures for Changing Administrative Agent
|
5:80-26.17
| |
|
Enforcement
|
5:80-26.18
| |
|
Appeals
|
5:80-26.19
| |
|
Expiration of Controls Procedures
|
5:80-26.20 through 5:80-26.26
|
(17)
Waiver. In the event of a special hardship or in the event that
a minor technical modification of these regulations is necessary to
effectively implement the policy of this section, the Board may waive
or modify those regulations relating to occupancy selection, sale
or resale prices, or income eligibility standards, provided that such
waiver of modification is consistent with the intent of these regulations
and the land development regulations; and does not violate COAH policy,
regulations or statute.
(18)
Permitted modifications and exceptions for affordable housing.
(a)
Undersized lots. Any parcel of land owned by the Township or
by a nonprofit corporation which has entered into a contract with
the Township to construct affordable detached single-family dwellings
and which is located in a zoning district which district permits single-family
dwellings and which parcel has an area or frontage less than that
prescribed for a lot in the zone in which said lot is located, may
be used as a lot for the construction of a single-family dwelling
and permitted accessory structures, provided that the lot area and
width is greater than 33% of the required area and frontage in the
zoning district in which said lot is located, and further provided
that no interior lot of less than 5,000 square feet in area of having
a frontage less than 50 feet shall be so used; and provided that no
corner lot having less than 6,000 square feet in area or less than
75 feet of frontage along each facing road shall be so used and provided,
moreover, that all other regulations provided for the zone district
in this chapter with respect to coverage, setback, and side yard requirements
as stipulated in the regulations are complied with, with the following
exceptions:
[1]
The combined total side yard requirements may be
reduced by six inches for each foot a lot is less than the required
frontage prescribed for the zone in which said lot is located, where
necessary to permit construction thereon of a building having a minimum
gross floor area prescribed under this section, and provided that
no principal building or accessory building shall be placed any nearer
than five feet to any property line except where specifically permitted
by this chapter.
[2]
The maximum percent of lot coverage may be increased,
provided the resultant lot coverage complies with the most restrictive
single-family residence zone to which the area of the undersized lot
conforms, provided that in no case shall the coverage exceed 35%.
[3]
Lots owned by the Township or a nonprofit agency
which has entered into a contract with the Township to construct affordable
housing may be developed with a duplex where the lot meets or exceeds
the minimum lot size to the zone, provided that such a structure shall
be architecturally compatible with the area in which it is being constructed.
(b)
Relaxation of design standards. The approving authority when acting upon a site plan or subdivision application which includes provision for lower-income housing in accordance with § 540-531, and affordable housing zone may relax standards as follows if the relaxation does not create health and safety concerns for either the Township or the future residents of a development.
[1]
A maximum of 20% of the curbing required within parking areas § 540-627F may be eliminated. Curbing will be required, however, where drainage control is needed and where erosion potential cannot adequately be addressed by alternate methods.
[2]
The minimum sizes, spacing, and quantities of landscape material required pursuant to § 540-627, Off-street parking, § 540-622, Landscaping and shade trees, § 540-645, Street trees, and § 540-606, Buffer areas and screening, may be reduced by a maximum of 20%; however, there shall be no reduction in the buffering requirement between a tract which is the subject of an application which includes provisions for lower-income housing and abutting tracts which are zoned for detached single-family dwellings.
[3]
Combination curbs and sidewalks may be permitted
on all streets within a development. The approving authority may recommend
use of funds collected by the Township from other developers as a
result of sidewalk waivers for the construction of a maximum of 20%
of the combination curbs and sidewalks.
(19)
Affordable housing fund. A contribution to the Township fund
for the production of affordable housing for low- and moderate-income
households shall be required.
(a)
Purpose. In Holmdel Builder's Association vs. Holmdel Township,
121 N.J. 550 (1990), the New Jersey Supreme Court determined that
mandatory development fees are authorized by the Fair Housing Act
of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject
to COAH's developing rules. The purpose of this section is to establish
standards for the collection, maintenance and expenditure of development
fees pursuant to COAH's rules. Fees collected pursuant to this section
shall be used for the sole purpose of providing low- and moderate-income
housing. This section shall be interpreted within the framework of
COAH's rules on development fees.
(b)
Retention of fees. Any affordable housing development fees collected
by the Township of Middletown prior to December 13, 1990, shall be
retained pursuant to COAH's rules regarding the retention of development
fees.
(c)
Calculation and collection of required development fees.
[1]
For any residential development, the applicant shall be required to pay a fee of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection D(19)(d) of this section.
[Amended 2-22-2005 by Ord. No. 2005-2808]
[2]
When the Municipal Agency approves an increase
in residential density pursuant to N.J.S.A. 40:55D-70d(5) (a "d" variance),
the Board may impose a development fee of up to 6% of the equalized
assessed value for each additional unit that may be realized, the
coverage amount on the homeowner warranty document for each additional
for-sale unit, or the appraised value on the document utilized for
construction financing for each additional rental unit. (Example:
If an approval allows four units to be constructed on a site that
was zoned for two units, the fees could equal 1% of either the equalized
assessed value, the coverage amount on the homeowner warranty document,
or the appraised value on the document utilized for construction financing
on the first two units; and 6% of either the equalized assessed value,
the coverage amount on the homeowner warranty document, or the appraised
value on the document utilized for construction financing for the
two additional units.) However, if the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the density for the purposes of calculating the bonus
development fee shall be the highest density permitted by right during
the two-year period preceding the filing of the variance application.
[Amended 2-22-2005 by Ord. No. 2005-2808]
[3]
For any nonresidential development, the applicant shall be required to pay a fee of 2% of the equalized assessed value of any eligible nonresidential activity pursuant to Subsection D(19)(d) of this section.
[Amended 2-22-2005 by Ord. No. 2005-2808]
[4]
When the Municipal Agency approves an increase
in floor area pursuant to N.J.S.A. 40:55D-70d(4) (a "d" variance),
the Board may impose a development fee of up to 6% on the additional
floor area realized. However, if the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base floor area for the purposes of calculating the
bonus development fee shall be the highest floor area permitted by
right during the two-year period preceding the filing of the variance
application.
[Amended 2-22-2005 by Ord. No. 2005-2808]
[5]
Where the Municipal Agency approves any "d" variance,
other than as already specified herein, the Board may impose a development
fee of up to 6% of the additional value added to the property due
to the granting of said variance. Where it is determined that there
is no increase in value, or where a use variance is required simply
for a change in use involving less than 5,000 square feet of gross
floor area and where no new construction is proposed, no fee shall
be imposed.
[Amended 7-18-2005 by Ord. No. 2005-2825]
[6]
In the case of any mixed-use development containing both residential and nonresidential uses, the required fee shall be based upon a separate calculation for each use utilizing the cost factors specified in Subsection D(19)(c)[1] and [2] of this section.
[Amended 7-18-2005 by Ord. No. 2005-2825]
(d)
Collection of fees. The applicant shall pay the fee at the time
of issuance of certificates of occupancy. At the issuance of certificates
of occupancy, the Tax Assessor shall calculate the equalized assessed
value and the appropriate development fee. Where multiple certificates
of occupancy will be required, an adjusted assessed value will be
established for each unit of occupancy, and the appropriate fee shall
be collected for each certificate of occupancy.
[Amended 7-18-2005 by Ord. No. 2005-2825]
(e)
Eligible exaction, ineligible exactions and exemptions.
[Amended 7-18-2005 by Ord. No. 2005-2825]
[1]
Developers of low- and moderate-income units shall
be exempt from paying development fees, except that in a mixed-use
development where the residential component will contain a percentage
of affordable housing units and where the nonresidential development
is in one or more completely detached structures, a development fee
of 1/2 of the standard fee for nonresidential development shall be
imposed.
[2]
Developers that expand an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
[3]
Developers of places of worship, group homes, child-care
centers, and nonprofit and/or tax-exempt corporations, are exempt
from development fees. This shall not apply to developments on land
sold by such an entity to be developed by a nonexempt entity. Alterations
or expansion to any residential structure which does not result in
an additional dwelling unit shall be exempt. Minor subdivisions where
more than one new dwelling will be constructed or where more than
one new certificate of occupancy will be required shall not be exempt.
[Amended 7-18-2005 by Ord. No. 2005-2825]
[4]
Developments that received approval between December
13, 1990, and effective date of this section shall be exempt from
paying a development fee unless an amended approval is required due
to a substantial change in the application, or unless otherwise approved
by the Council on Affordable Housing.
(f)
Housing trust fund and use of funds.
[1]
There is hereby created an interest-bearing Housing
Trust Fund in United Counties Trust Company and/or in such other official
depository as may be from time to time approved by the governing body
in accordance with law for the purpose of receiving development fees
from residential and nonresidential developers. All development fees
paid by developers pursuant to this section shall be deposited in
this fund. No money shall be expended from the Housing Trust Fund
unless the expenditure conforms to a spending plan approved by COAH.
[2]
If COAH determines that Middletown Township is
not in conformance with COAH's rules on development fees, COAH is
authorized to direct the manner in which all development fees collected
pursuant to this section shall be expended. Such authorization is
pursuant to this section; COAH's rules on development fees; and the
written authorization from the governing body to United Counties Trust
Company and/or such other official depository as may be from time
to time approved by the governing body in accordance with law.
[3]
Money deposited in a housing trust fund may be
used for any activity approved by COAH for addressing low- and moderate-income
housing obligation of the Township. Such activities may include, but
are not necessarily limited to: housing rehabilitation; new construction;
regional contribution agreements; the purchase of land for low- and
moderate-income housing; extensions and/or improvements of roads and
infrastructure to low- and moderate-income housing sites; assistance
designed to render unit to be more affordable to lo- and moderate-income
people; and administrative costs necessary to implement the housing
element. The expenditure of all money shall conform to a spending
plan approved by COAH.
[4]
At least 30% of the revenues collected shall be
devoted to render units more affordable. Examples of such activities
include, but are not limited for: down payment assistance; low-interest
loans; and rental assistance.
[5]
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise or implement
the housing element. Examples of eligible administrative activities
include: personnel; consultant services; space costs; consumable supplies;
and rental or purchase of equipment.
[6]
Development fee revenues shall not be expended
to reimburse the Township for housing activities that preceded substantive
certification.
(g)
Expiration of section. This section shall expire if:
[1]
COAH dismisses or denies Middletown Township's
petition for substantive certification.
[2]
COAH revokes substantive certification or its certification
of this section.
[3]
Substantive certification/judgment of repose expires
prior to (the Township) filing an adopted housing element with COAH,
petitioning for substantive certification or receiving COAH's approval
of this section.
(h)
Monitoring. The Township shall complete and return all monitoring
forms related to the collection of fees, expenditure of revenues and
implementation of the plan certified by the Council or approved by
the court. Quarterly financial reports and annual program implementation
and auditing reports shall be completed on forms designed by the Council.
(i)
The Township's ability to collect fees and the Council's approval
of this section and spending plan shall be in compliance with the
requirement of N.J.A.C. 5:92-18.17.
(j)
Should this section or any provision of this section be declared
illegal or unconstitutional by a court of competent jurisdiction,
the remainder of the section shall remain in full force and effect.
Each property owner is privileged to make a reasonable use of his property even though the flow of surface waters is altered thereby and causes some harm to others. However, unreasonably harmful interference with the flow of waters shall be prohibited. The Zoning Officer, in consultation with the Township Engineer, shall determine if the interference is unreasonably harmful and shall have the authority under the enforcement powers of § 540-306 to require that any violations of this provision be remedied.
A.
The parking or storage of any unregistered motor vehicle on any residential
premises is expressly prohibited, except as specifically provided
in this section.
B.
As utilized herein, the phrase "parking or storage" shall mean the
keeping or maintaining of any motor vehicle, irrespective of its state
of repair or disrepair, and irrespective of whether it shall be operable,
of any vehicle which shall not be properly registered pursuant to
the motor vehicular law as regulations of the State of New Jersey,
this prohibition shall not apply to vehicles within garages.
C.
The presence or lack of license plates on any vehicle issued by the
State of New Jersey or by any other state or jurisdiction shall be
irrelevant, for purposes of this chapter, to whether the vehicle is
properly registered, and the penalties provided herein shall be in
addition to any penalties provided by law for improper, unauthorized
or their illegal use of such license plates.
D.
Whenever any police officer or Zoning Officer of the Township shall
have reason to believe or suspect that any vehicle parked on or about
any residential property is not legally and properly registered by
the State of New Jersey or by any other state in accordance with the
rules and regulations of the State of New Jersey, and shall have further
reason to believe or suspect that such parking or storage shall have
taken place for seven days, irrespective of whether such days shall
be consecutive or cumulative, and irrespective as to whether such
days shall be consecutive, cumulative, and irrespective as to whether
such parking or storage shall be on the same location at the premises,
such officer shall issue a summons for violation of this section.
E.
A vehicle parked or stored without valid license plates shall be
presumed, for purposes of this section, not to be lawfully registered.
In all other instances, the burden of proof shall be upon the prosecuting
officer, in the usual form and manner.
F.
The Chief of Police or his assignee, which assignee shall be a superior
officer of the Police Department, shall issue permits to any property
owner, who shall request, on a short and convenient form to be prepared
by the Police Department for such purpose, a waiver of the provisions
of the within section affecting such parking and storage, and such
waiver permit shall be effective such reasonable period of time, to
a maximum of one year, as the circumstances may warrant; provided,
however, that the grounds for such waiver shall consist solely of
serious personal hardship on the part of the property owner or of
a member of his immediate family. As utilized in this subsection,
the phrase "serious personal hardship" shall include illness or disability,
employment, travel or temporary residence elsewhere, and shall be
liberally construed in favor of the property owner.
G.
Any permit issue pursuant to this section shall be dated and signed
by the Chief of Police or his assignee, and shall be prominently displayed
near the windshield of any such vehicle.
H.
Any person may appeal the issuance of non-issuance of such waiver
permits, and such appeal shall be to the Municipal Court, and thereafter,
to the Superior Court of New Jersey or to such other tribune as may
be designated by the laws of New Jersey.[1]
I.
Prior to the issuance by an officer of any summons for violating
this section, this officer shall issue a written warning and shall
give the alleged violator seven days to remove the unregistered vehicle
or to apply for a waiver permit as set forth above. While any such
application is pending, no person shall be liable for the penalties
set forth herein, nor shall any summons be issued. In the event an
application for such permit is denied, such denial shall be in writing
and shall personally be delivered, or forwarded by certified mail,
to the applicant, who shall have seven days from the receipt of such
denial to commence his appeal. Any person aggrieved by the issuance
of such permit may appeal its issuance at any time during the period
of the existence of the permit.
J.
The sole issue before the Municipal Court in the event of any such
appeal shall be whether the Police Department acted arbitrarily, capriciously
or unreasonably in the denial or issuance of such permit. Upon consideration
by a higher tribunal, such additional considerations as it may deem
appropriate, including the effect, if any, upon the issuance of such
permit upon neighbors' property values, may be considered.
[Amended 10-7-2003 by Ord. No. 2003-2737; 12-6-2004 by Ord. No. 2004-2795; 6-19-2006 by Ord. No. 2006-2879]
A.
Purpose. It shall be the purpose of this section and these regulations
to establish a review procedure and criteria for the clearing, regrading
or filling of land, where site plan or subdivision review is not otherwise
required, in order to avoid or minimize negative environmental impacts
and potential impacts on adjoining properties.
B.
Regulated activities.
(1)
On any property, activity conducted wholly or cumulatively within
any twelve-month period, which results in the removal of trees or
vegetation, soil disturbance, grading or importation of fill, including
wood chips, which affects an area of more than 3,000 square feet in
any zone or the importation of more than 10 cubic yards of fill material,
including wood chips.
(2)
On any property, where the area of activity or disturbance involves
slopes of 15% or greater, the removal of trees or vegetation, soil
disturbance, grading or importation of fill, including wood chips,
which affects an area of more than 1,000 square feet or the importation
of more than five cubic yards of fill material, including wood chips.
C.
Required procedures.
(1)
Prior to engaging in any regulated activity, the person or persons
responsible for the work or the property owner must file an application
for development with the Zoning Officer, along with a plan, to scale,
showing the proposed area of activity and the extent and nature of
the work proposed. The Zoning Officer will transmit the plan and application
to the Township Engineer's office.
(2)
Where it is determined that the proposed activity could result
in significant environmental impacts, the Township Engineer's office
may require a fully detailed and dimensioned grading plan, prepared
by a professional engineer, be submitted, as well as additional supporting
documentation as may be necessary.
(3)
A grading plan review fee must also be paid at this time.
(4)
An applicant must receive an approved application for development
from the Zoning Officer prior to commencing any such regulated activity.
Said approval can be conditioned upon implementing measures recommended
by the Township Engineer.
(5)
Where it is determined that a regulated activity may impact
environmental features that may be under the jurisdiction of another
governmental agency, the Zoning Officer may require approval of said
agencies prior to issuing of an approved application for development.
D.
Review criteria.
(1)
The Township Engineer shall determine that the proposed regulated
activity will not result in negative drainage or erosion impact on
adjoining properties, beyond those that may have existed prior to
commencing the regulated activity.
(2)
The Township Engineer shall consider and determine the extent
to which alternative or optional measures may exist, in order to mitigate
the impacts of the regulated activity.
(3)
It shall be prohibited to engage in any regulated activity when
the purpose is merely a prelude to filing an application for development
for either site plan or subdivision approval.
(4)
These regulations shall not apply to farming activities associated
with land under farmland assessment or to any activity undertaken
by a governmental agency or public utility.
(5)
These regulations shall not apply to routine property maintenance,
or the removal of dead or diseased trees or the clearing of overgrown
or nuisance vegetation.
[Added 8-16-2010 by Ord.
No. 2010-3012]
Maintenance of containers; covers required.[1]
A.
Purpose. The purpose of this section is to govern dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Middletown and/or Township of Middletown Sewerage
Authority to protect the waters of the state so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section 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 Township of Middletown and/or Township of Middletown Sewerage
Authority, or other public body, and is designed and used for collecting
and conveying stormwater. MS4s, however, do not include combined sewer
systems, which are sewer systems that are designed to carry sanitary
sewage at all times and to collect and transport stormwater from streets
and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. Any person who controls, whether owned, leased,
or operated, a refuse container or dumpster must ensure that such
container or dumpster is covered at all times and shall prevent refuse
from spilling out or overflowing. Any person who owns, leases or otherwise
uses a refuse container or dumpster must ensure that such container
or dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system(s) operated
by the Township of Middletown or Township of Middletown Sewerage Authority.
D.
Exceptions to prohibition.
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (i.e., furniture, bound carpet and padding,
white goods placed curbside for pickup).
E.
Enforcement. This section shall be enforced by the Police Department,
Code Enforcement and/or Department of Public Works, Parks, and Engineering
of the Township of Middletown.
[Added 8-16-2010 by Ord.
No. 2010-3013]
Retrofitting of existing storm drain inlets.[1]
A.
Purpose. The purpose of this section is to address the retrofitting
of existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alteration 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(s) operated by the Township
of Middletown so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section 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 Township of Middletown and/or Township of Middletown Sewerage
Authority, or other public body, and is designed and used for collecting
and conveying stormwater. MS4s, however, do not include combined sewer
systems, which are sewer systems that are designed to carry sanitary
sewage at all times and to collect and transport stormwater from streets
and other sources.
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 or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. 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:
D.
Design standards. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection D(3).
(1)
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:
(a)
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
(b)
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.
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.
(2)
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 dimensions.
(3)
This standard does not apply:
(a)
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;
(b)
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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
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.
E.
Enforcement. This section shall be enforced by the Police Department,
Code Enforcement and/or Department of Public Works, Parks, and Engineering
of the Township of Middletown.
