Statutory authorization. The Legislature of the State of New Jersey
has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to
local governmental units to adopt regulations designed to promote
public health, safety, and general welfare of its citizenry. Therefore,
the Township Committee of the Township of Edgewater Park of Burlington
County, New Jersey does ordain as follows.
The flood hazard areas of the Township of Edgewater Park 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.
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, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
Statement of purpose. 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:
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
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;
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;
Requiring that uses vulnerable to floods including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
Lands to which this article applies. This article shall apply to
all areas of special flood hazard within the jurisdiction of the Township
of Edgewater Park, Burlington County, New Jersey.
The areas of special flood hazard for the Township of Edgewater
Park, Community No. 340096, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
"Flood Insurance Rate Map for Burlington County, New Jersey
(All Jurisdictions)" as shown on Index and panel(s) 34005C0108F, 34005C0109F,
34005C0116F, and 34005C0117F, whose effective date is December 21,
2017.
The above documents are hereby adopted and declared to be a
part of this article. The Flood Insurance Study and maps are on file
at the Township of Edgewater Park, 400 Delanco Road, Edgewater Park,
New Jersey. DFIRMs are also available to be downloaded directly from
the FEMA Flood Map Service Center at the following web address https://msc.fema.gov/portal/search.
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be subject to the penalty in § 310-19-2E of this chapter, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Edgewater Park from taking such other lawful action as is necessary to prevent or remedy any violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Abrogation and greater restrictions. This chapter is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this chapter and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Warning and disclaimer of liability. 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 area 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 the Township
of Edgewater Park, 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.
Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 310-32-2B. Application for a development permit shall be made on forms furnished by the Township Engineer 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:
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 310-32-4B(2); and
Designation of the local administrator. The Township Engineer is
hereby appointed to administer and implement this chapter by granting
or denying development permit applications in accordance with its
provisions.
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.
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 § 310-32-4C(1) are met.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 310-32-2B, Basis for establishing the areas of special flood hazard, the Township Engineer 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 § 310-32-4B(1), Specific standards, residential construction, and § 310-32-4B(2), Specific standards, nonresidential construction.
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.
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Bureau of Flood Control 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.
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
Ensure substantial improvements meet the requirements of § 310-32-4B(1), Specific standards, residential construction, and § 310-32-4B(2), Specific standards, nonresidential construction, and § 310-32-4B(3), Specific standards, manufactured homes.
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 310-32-3D.
The Planning Board as established by Township Committee shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
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 Township Engineer in the enforcement or administration
of this chapter.
Those aggrieved by the decision of the Planning Board, or any
taxpayer, may appeal such decision to the State Superior Court, Burlington
County Vicinage, as provided by state statute and court rules.
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:
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
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.
Upon consideration of the factors of § 310-32-3D(1) 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.
The Township Engineer shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1/2 acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing the items in § 310-32-3D(1)(d)[1]
through [11] have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the variance increases.
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
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 § 310-32-3D(1) or conflict with existing local laws or ordinances.
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.
General standards. 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,
are required:
All manufactured homes to be placed or substantially improved
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.
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;
For all new construction and substantial improvements, the 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.
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;
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).
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:
A minimum of two openings in at least two exterior walls of each
enclosed area, 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.
Specific standards. In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 310-32-2B, Basis for establishing the areas of special flood hazard, or in § 310-32-3C(2), Use of other base flood data, the following standards are required:
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 (including
all electrical, heating, ventilating, air-conditioning and other service
equipment) and sanitary facilities, elevated at or above the base
flood elevation plus one foot or as required by ASCE/SEI 24-14, Table
2-1, whichever is more restrictive.
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 as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either:
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
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 § 310-32-3C(3)(b)[2].
Be elevated on a permanent foundation such that
the top of the lowest floor is at or above the base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive; and
The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
Floodways. Located within areas of special flood hazard established in § 310-32-2B 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:
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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.