Township of Mullica, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mullica 1-21-1982 by Ord. No. 7-81. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 102.
Land development — See Ch. 144.
Mobile home parks for senior citizens — See Ch. 153.
Mobile homes and house trailers — See Ch. 156.
Stormwater control — See Ch. 200.
Trailers camps — See Ch. 221.
[Amended 9-9-2014 by Ord. No. 10-2014]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq. delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Mullica in the State of New Jersey does ordain as follows.
A. 
The flood hazard areas of the Township of Mullica are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
[Amended 9-9-2014 by Ord. No. 10-2014]
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.
F. 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. 
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
B. 
Requiring that uses vulnerable to floods, including facilities which serve such uses, are protected against flood damage at the time of initial construction.
C. 
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
D. 
Controlling, filling, grading, dredging and other development which may increase flood damage.
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Area Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Added 9-9-2014 by Ord. No. 10-2014]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent-annual chance event depicted on the Advisory Flood Hazard Area Map.
[Added 9-9-2014 by Ord. No. 10-2014]
ADVISORY FLOOD HAZARD AREA MAP
The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
[Added 9-9-2014 by Ord. No. 10-2014]
APPEAL
A request for a review of the Zoning Officer's interpretation of any provision of this chapter or a request for a variance.
[Amended 9-9-2014 by Ord. No. 10-2014]
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater chance of flooding to an average depth of one foot 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.
[Amended 9-9-2014 by Ord. No. 10-2014]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
[Amended 9-9-2014 by Ord. No. 10-2014]
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO and A1-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Added 9-9-2014 by Ord. No. 10-2014]
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
[Amended 12-8-1987 by Ord. No. 16-87]
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available 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.
[Added 9-9-2014 by Ord. No. 10-2014]
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available flood elevation FEMA has provided. The best available flood hazard data elevation may be depicted on an Advisory Flood Hazard Area Map, Work Map, or Preliminary FIS and FIRM.
[Added 9-9-2014 by Ord. No. 10-2014]
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
[Amended 12-8-1987 by Ord. No. 16-87]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
[Amended 9-9-2014 by Ord. No. 10-2014]
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
[Added 9-9-2014 by Ord. No. 10-2014]
ELEVATED BUILDING
A nonbasement building: i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
[Amended 12-8-1987 by Ord. No. 16-87; 9-9-2014 by Ord. No. 10-2014]
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
[Added 9-9-2014 by Ord. No. 10-2014]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the area of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
[Amended 9-9-2014 by Ord. No. 10-2014]
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
[Added 9-9-2014 by Ord. No. 10-2014]
FLOODPROOFING
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.
[Added 9-9-2014 by Ord. No. 10-2014]
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 9-9-2014 by Ord. No. 10-2014]
HISTORIC STRUCTURE
Any structure that is:
[Added 9-9-2014 by Ord. No. 10-2014]
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.
[Added 12-8-1987 by Ord. No. 16-87; amended 9-9-2014 by Ord. No. 10-2014]
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
[Added 12-8-1987 by Ord. No. 16-87]
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
[Added 12-8-1987 by Ord. No. 16-87]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
[Added 9-9-2014 by Ord. No. 10-2014]
PRELIMINARY FLOOD INSURANCE RATE MAP (FIRM)
The draft version of the FIRM released for public comment before finalization and adoption.
[Added 9-9-2014 by Ord. No. 10-2014]
RECREATIONAL VEHICLE
A vehicle which is: i) built on a single chassis; ii) 400 square feet or less when measured at the longest horizontal projections; iii) designed to be self-propelled or permanently towable by a light-duty truck; and iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[Added 9-9-2014 by Ord. No. 10-2014]
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
[Added 9-9-2014 by Ord. No. 10-2014]
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Amended 12-8-1987 by Ord. No. 16-87; 9-9-2014 by Ord. No. 10-2014]
STRUCTURE
A walled and roofed building, a mobile home, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
[Amended 9-9-2014 by Ord. No. 10-2014]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 9-9-2014 by Ord. No. 10-2014]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
[Amended 9-9-2014 by Ord. No. 10-2014]
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION
The failure of a structure or other development to be fully compliant with this chapter. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Added 9-9-2014 by Ord. No. 10-2014]
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Township of Mullica.
[Amended 12-8-1987 by Ord. No. 16-87; 4-13-2004 by Ord. No. 7-2004; 9-9-2014 by Ord. No. 10-2014]
A. 
The areas of special flood hazard for the Township of Mullica, Community No. 340517, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report "Flood Insurance Study, Township of Mullica, New Jersey, Atlantic County," dated September 1, 1981.
(2) 
Flood Insurance Rate Map, Township of Mullica, New Jersey, Atlantic County, as shown on Index and Panel(s) 340517 0005C, 340517 0010C, 340517 0015C, 340517 0016C, 340517 0018C, 340517 0025C, 340517 0026C, the effective date of which is March 1, 1982.
(3) 
Flood Boundary and Floodway Map for the Township of Mullica, New Jersey, Atlantic County panels 340517 0001, 340517 002, 340517 0003, 340517 0004, 340517 0005, 340517 0006, the effective date of which is March 1, 1982.
(4) 
Best available flood hazard data. These documents shall take precedence over effective panels and FIS in construction and development regulations only. Where the effective mapping or base flood elevation conflict or overlap with the best available flood hazard data, whichever imposes the more stringent requirement shall prevail.
B. 
The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study, maps and advisory documents are on file at Mullica Township Municipal Building, 4528 White Horse Pike, Elwood New Jersey.
[Amended 9-9-2014 by Ord. No. 10-2014]
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Mullica from taking such other lawful action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered a minimum requirement.
B. 
Liberally construed in favor of the governing body.
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Mullica, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Amended 4-9-1985 by Ord. No. 7-85]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 131-7. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include but not be limited to plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
A. 
Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
B. 
Elevation, in relation to mean sea level, to which any structure has been floodproofed.
C. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in  § 131-17B.
D. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Amended 4-9-1985 by Ord. No. 7-85]
The Zoning Officer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
[Amended 4-9-1985 by Ord. No. 7-85; 12-8-1987 by Ord. No. 16-87; 9-9-2014 by Ord. No. 10-2014]
Duties of the Zoning Officer shall include but not be limited to:
A. 
Permit review. The Zoning Officer shall:
(1) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 131-18A are met.
B. 
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 131-7, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 131-17A and B.
C. 
Information to be obtained and maintained. The Zoning Officer shall:
(1) 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in § 131-12C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses. The Zoning Officer shall:
(1) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section, and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flooding capacity is not diminished.
E. 
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 131-15.
A. 
Appeal board.
(1) 
The Planning Board as established by Township of Mullica shall hear and decide appeals and requests for variances from the requirements of this chapter.
[Amended 9-9-2014 by Ord. No. 10-2014]
(2) 
The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Officer in the enforcement or administration of this chapter.
[Amended 4-9-1985 by Ord. No. 7-85; 9-9-2014 by Ord. No. 10-2014]
(3) 
Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Township Committee of the Township of Mullica as provided in N.J.S.A. 40:55D-17.
[Amended 9-9-2014 by Ord. No. 10-2014]
(4) 
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
[Amended 9-9-2014 by Ord. No. 10-2014]
(a) 
The danger that materials may be swept onto other lands to the injury of others.
(b) 
The danger to life and property due to flooding or erosion damage.
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) 
The importance of the services provided by the proposed facility to the community.
(e) 
The necessity to the facility of a waterfront location, where applicable.
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g) 
The compatibility of the proposed use with existing and anticipated development.
(h) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(k) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
(5) 
Upon consideration of the factors of § 131-15A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
[Amended 9-9-2014 by Ord. No. 10-2014]
(6) 
The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration, upon request.
[Amended 4-9-1985 by Ord. No. 7-85]
B. 
Conditions for variances.
(1) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection A(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(3) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause.
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4) or conflict with existing local laws or ordinances.
(6) 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
[Amended 12-8-1987 by Ord. No. 16-87; 9-9-2014 by Ord. No. 10-2014]
In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
A. 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Special requirements shall be that:
(a) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side.
(b) 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring only four additional ties per side.
(c) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(d) 
Any additions to the mobile home shall be similarly anchored.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(3) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. 
Subdivision approvals.
(1) 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
(2) 
All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).
E. 
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) 
The bottom of all openings shall be no higher than one foot above grade.
(3) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 131-7, or in § 131-14B, the following standards are required:
A. 
Residential construction.
[Amended 4-12-1994 by Ord. No. 5-94; 9-9-2014 by Ord. No. 10-2014]
(1) 
New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation (published FIS/FIRM) or the best available flood hazard data elevation, whichever is more restrictive, plus one foot;
(2) 
Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation plus one foot, whichever is more restrictive; and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
B. 
Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, either:
[Amended 4-12-1994 by Ord. No. 5-94; 9-9-2014 by Ord. No. 10-2014]
(1) 
Elevated to or above the base flood elevation (published FIS/FIRM) or the best available flood hazard data elevation whichever is more restrictive, plus one foot; and
(2) 
Require within any AO Zone on the municipality's DFIRM shall have the lowest floor, including basement, elevated above the highest adjacent grade one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation plus one foot, whichever is more restrictive; and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
(3) 
Be floodproofed so that below the base flood level plus one foot, or the best available flood hazard data elevation plus one foot (whichever is more restrictive), the structure is watertight with walls substantially impermeable to the passage of water;
(4) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(5) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 131-14C(2).
C. 
Manufactured homes.
[Amended 12-8-1987 by Ord. No. 16-87]
(1) 
Manufactured homes shall be anchored in accordance with § 131-16A(2).
(2) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation (published FIS/FIRM) or the best available flood hazard data elevation, plus one foot (whichever is more restrictive).
[Amended 4-13-2004 by Ord. No. 7-2004; 9-9-2014 by Ord. No. 10-2014]
(3) 
No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.
Located within areas of special flood hazard established in § 131-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A. 
Encroachments, including fill, new construction, substantial improvements and other development, are prohibited, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. 
If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 131-16 and 131-17.
C. 
The placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision, is prohibited.
D. 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.
[Added 9-9-2014 by Ord. No. 10-2014]
[Added 6-28-2016 by Ord. No. 7-2016]
If an applicant requests that the Township provide the base flood elevation for a property/site, a completed application form found in the Construction Office must be submitted to the Township Clerk with the applicable application and review fee noted on the form. Said fee is to be set by resolution of the governing body.