The Legislature of the State of New Jersey has in the New Jersey
Statutes 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 Knowlton Township, New Jersey, does ordain as follows.
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.
[Amended 9-12-2011 by Ord. No. 11-11]
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard in such a manner as to
minimize future flood-blight areas.
[Amended 9-12-2011 by Ord. No. 11-11]
G. Ensure that potential home buyers are notified that property is in
an area of special flood hazard.
[Amended 9-12-2011 by Ord. No. 11-11]
H. Ensure
that those who occupy areas of special flood hazard assume responsibility
for their actions.
[Added 9-12-2011 by Ord.
No. 11-11]
In order to accomplish its purposes, this chapter uses the following
methods:
A. Restrict or prohibit 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.
[Amended 9-12-2011 by Ord. No. 11-11]
B. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C. Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of floodwaters.
D. Control filling, grading, dredging and other development which may
increase flood damage.
E. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
[Amended by Ord. No. 87-7]
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application:
APPEAL
A request for a review of the Township Engineer's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's
Digital Flood Insurance Rate Map (DFIRM), with a one-percent-annual-or-greater
chance of flooding to an average depth of one 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 9-12-2011 by Ord. No. 11-11]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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 9-12-2011 by Ord. No. 11-11]
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 9-12-2011 by Ord.
No. 11-11]
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 elevated above the ground level 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 of up to the
magnitude of the base flood. In an area of special flood hazard, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of floodwaters.
[Amended 9-12-2011 by Ord. No. 11-11]
FLOOD INSURANCE RATE MAP (FIRM)
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.
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 9-12-2011 by Ord. No. 11-11]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters.
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
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 9-12-2011 by Ord.
No. 11-11]
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.
[Amended 9-12-2011 by Ord. No. 11-11]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 9-12-2011 by Ord.
No. 11-11]
HISTORIC STRUCTURE
Any structure that is:
[Added 9-12-2011 by Ord.
No. 11-11]
A.
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;
B.
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;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified by either an approved state program as determined by the
Secretary of the Interior, or 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, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements.
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. The term "manufactured home" does not include
a "recreational vehicle."
[Amended 9-12-2011 by Ord. No. 11-11]
NEW CONSTRUCTION
Structures for which the start of construction
commenced on or after the effective date of this chapter and includes
any subsequent improvements to such structures.
[Amended 9-12-2011 by Ord. No. 11-11]
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision
for which the construction of facilities for servicing the lot on
which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed on
or after the effective date of this chapter.
[Amended 9-12-2011 by Ord. No. 11-11]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
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 a temporary living quarters for recreational, camping, travel,
or seasonal use.
[Added 9-12-2011 by Ord.
No. 11-11]
START OF CONSTRUCTION
For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348),
includes substantial improvement and means the date the building permit
was issued, provided that the actual start of construction, repair,
reconstruction, placement or other improvement was within 180 days
of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns or any work beyond the stage of excavation, 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, 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 9-12-2011 by Ord. No. 11-11]
STRUCTURE
A walled and roofed building, as well
as a manufactured home, or a gas or liquid storage tank, that is principally
aboveground.
[Amended 9-12-2011 by Ord. No. 11-11]
SUBSTANTIAL DAMAGE
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.
[Added 9-12-2011 by Ord.
No. 11-11]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition,
or improvement of a structure, the cost of which 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 9-12-2011 by Ord. No. 11-11]
A.
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 solely necessary to assure safe living conditions; or
B.
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 to a person from the requirements of this
chapter which permits construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of Knowlton Township.
[Amended 9-12-2011 by Ord. No. 11-11]
A. The areas of special flood hazard for the Township of Knowlton, Community
No. 340488, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study, Warren
County, New Jersey (All Jurisdictions)," dated September 29, 2011;
(2) Flood Insurance Rate Map for Warren County, New Jersey (All Jurisdictions),
as shown on Index and Panel Nos. 34041C0101E, 34041C0102E, 34041C0103E,
34041C0104E, 34041C0106E, 34041C0108E, 34041C0109E, 34041C0111E, 34041C0119E,
34041C0114E, 34041C0116E, 34041C0117E, 34041C0118E, 34041C0119E, 34041C0206E,
34041C0207E; the effective date of which is September 29, 2011.
B. The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file at
628 Route 94, Columbia, New Jersey.
No structure or land shall hereafter be constructed, located,
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 60 days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent Knowlton Township 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 as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
[Amended 9-12-2011 by Ord. No. 11-11]
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 land outside
the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of Knowlton Township or by any officer
or employee thereof, or Federal Insurance Administration, for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended by Ord. No. 87-7]
A. General standards. In all areas of special flood hazards, the following
provisions are required:
(1) Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(b)
All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces.
(2) Construction materials and methods.
(a)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(b)
All new construction of substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(3) Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(d)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
(4) Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of 50 lots or five acres.
(e)
Enclosure openings. For all new construction and substantial
improvements, fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria: A minimum of two openings
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above-grade.
Openings may be equipped with screens, louvers or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(5) Enclosure
openings. For all new construction and substantial improvements, 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: A
minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[Added 9-12-2011 by Ord.
No. 11-11]
B. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in §
105-7, Basis for establishing areas of special flood hazard, or §
105-12C(3), Use of other base flood data, the following standards are required:
(1) Residential construction. New construction or
substantial improvement of any residential structure shall:
[Amended 9-12-2011 by Ord. No. 11-11]
(a)
Have the lowest floor, including basement together with the
attendant utilities and sanitary facilities, elevated one foot above
the base flood elevation;
(b)
Within any AO Zone on the Township's FIRM, all new construction
and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified); and require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
(2) Nonresidential construction. New construction
or substantial improvement of any commercial, industrial or other
nonresidential structure shall have the lowest floor, including basement
together with attendant utilities and sanitary facilities, either:
[Amended 9-12-2011 by Ord. No. 11-11]
(a) Elevated one foot above the base flood elevation; and within any
AO Zone on the municipality's DFIRM require that all new construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the
depth number specified in feet (at least two feet if no depth number
is specified); and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(b) Be floodproofed so that below the base flood level plus one foot the structure is watertight with walls substantially impermeable to the passage of water; have structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 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 §
105-12C(4)(b).
(3) Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with Subsection
A(1)(b).
(b)
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.
C. Floodways. Located within areas of special flood hazard established in §
105-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial
improvements and other development, unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(2) If Subsection
C(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3) Prohibit the placement of any manufactured homes, except in an existing
manufactured home park or existing manufactured home subdivision.
(4) 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.
[Amended 9-12-2011 by Ord. No. 11-11]