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 Southampton, in the State of 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:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood-control
projects;
c. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges,
located in areas of special flood hazard;
f. To 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. To ensure that potential buyers are notified that property is in
an area of flood hazard; and
h. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c. Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
d. Controlling filling, grading, dredging, and other development which
may increase flood damage; and
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
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.
AH ZONE
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.
AO 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.
APPEAL
A request for a review of the Construction Code Official's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on the community's Digital
Flood Insurance Rate Map (DFIRM), with a 1% annual or greater chance
of flooding to an average depth of one to three feet; a clearly defined
channel does not exist, the path of flooding is unpredictable, and
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. It is shown
on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
BASE FLOOD
A flood having a 1% 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 1% or greater 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.
ELEVATED BUILDING
a.
A nonbasement building:
1.
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 base
flood elevation plus freeboard by means of piling, columns (posts
or piers), or shear walls parallel to the flow of the water; and
2.
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.
b.
In an area ot special flood hazard, "elevated building" shall
also include a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
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.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
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 tidalwaters; and/or
b.
The unusual and rapid accumulation of runoff or 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.
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.
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.
FREEBOARD
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually on 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 either:
1.
By an approved state program as determined by the Secretary
of the Interior; or
2.
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 as to render the structure in
violation of other applicable nonelevation design requirements of
44 CFR 60.3.
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."
NEW CONSTRUCTION
Structures for which the "start of construction" commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
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.
RECREATIONAL VEHICLE
A vehicle which is:
a.
Built on a single chassis;
b.
Four hundred square feet or less when measured at the longest
horizontal projections;
c.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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
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 footing, 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.
STRUCTURE
A walled and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
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.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or 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:
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 the minimum 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 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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Township.
No structure or land shall hereafter be constructed, relocated,
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 90 days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the Township of Southampton 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 or other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more-stringent
restrictions shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
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, 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.
The Construction Code Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the Construction Code Official shall include, but
not be limited to:
a. Permit review.
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 government 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 Subsection 17-5.3a are met.
b. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection
17-3.2, Basis for establishing areas of special flood hazard, the Construction Code Official 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 Subsections 17-5.2a, Specific standards, residential construction, and 17-5.2b, Specific standards, nonresidential construction.
c. Information to be obtained and maintained:
1. Obtain and record the actual elevation (in relation to mean sea level)
of the lowest habitable floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
2. For all new 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 Subsection
17-4.1c.
(c)
Maintain for public inspection all records pertaining to the
provisions of this chapter.
d. Alteration of watercourses:
1. 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.
2. Require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood carrying capacity is
not diminished.
e. Substantial damage review:
1. After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
2. Record and maintain the flood and nonflood 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.
3. Ensure substantial improvements meet the requirements of Subsections
17-5.2a, Specific standards, residential construction, 17-5.2b, Specific
standards, nonresidential construction, and 17-5.2c, Specific standards,
manufactured homes.
f. 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 Subsection
17-4.4.
In all areas of special flood hazard, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
a. Anchoring.
1. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2. All manufactured homes shall be anchored to resist flotation, collapse
or lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
b. Construction materials and methods.
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. 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.
d. Subdivision proposals.
1. All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
2. All subdivision proposals and other proposed new development shall
have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood damage;
3. All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
4. Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contain at least 50 lots
or five acres (whichever is less).
e. Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for 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. 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.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection
17-3.2, Basis for establishing areas of special flood hazard, or in Subsection 17-4.3b, Use of other base flood and floodway data, the following standards are required:
a. Residential construction.
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 (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.
2. Require within any AO or AH Zone on the municipality's DFIRM
that all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three 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.
b. Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure located
in an A or AE Zone shall either have the lowest floor, including basement,
together with attendant utilities and sanitary facilities, as well
as all electrical, heating, ventilating, air-conditioning and other
service equipment:
1. Elevated to 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
2. Require within any AO or AH Zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus one foot,
above the highest adjacent grade (at least three 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
3. 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;
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 Subsection 17-4.3c.2.
c. Manufactured homes.
1. Manufactured homes shall be anchored in accordance with Subsection
17-5.1a.2.
2. All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood
damage;
(d)
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
(e)
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 are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
Located within areas of special flood hazard established in Subsection
17-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b. If Subsection 17-5.3a is satisfied, all new construction and substantial improvements shall comply with applicable flood hazard reduction provisions of §
17-5, Provisions for Flood Hazard Reduction.
c. 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.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
This chapter shall be effective on (effective date) and shall
remain in force until modified, amended or rescinded by the Township
of Southampton, Burlington County, New Jersey.