[7-9-2019 by Ord. No. 3029-19]
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 Mayor and Commissioners
of the Township of Lyndhurst, New Jersey, do 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 home buyers are notified that property is
in an area of special 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 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, 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;
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[7-9-2019 by Ord. No.
3029-19]
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, AH, or VO Zone on a community's Flood
Insurance Rate Map (FIRM), with a 1% or greater annual chance of flooding
to an average depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
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.
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.
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.
BREAKAWAY WALL
A wall that is 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.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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 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 plus freeboard by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
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 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.
EROSION
The process of gradual wearing away of land masses.
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 flood boundary/floodway
mapping 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 tidal waters; and/or
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.
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 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 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 attached 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 to be self-propelled or permanently towable by a light-duty
truck; and
d.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
START OF CONSTRUCTION
a.
[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 improvements 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 pilings,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
b.
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 manufactured 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 before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Substantial damage also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
valve of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period, the cost of which equals
or exceeds 50% of the market value of the structure before the "start
of construction" of the improvement. "Substantial improvement" also
means "cumulative substantial improvement." This term includes structures
which have incurred "substantial damage," regardless of the actual
repair work performed, or "repetitive loss." 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.
[7-9-2019 by Ord. No.
3029-19]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Township of Lyndhurst.
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
Lyndhurst 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 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.
[7-9-2019 by Ord. No.
3029-19]
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 governmental
agencies from which prior approval is required.
3. Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of Subsection
23-5.3a. 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
23-3.2, 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 Subsection
23-5.2a, Specific Standards, Residential construction, and Subsection
23-5.2b, 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 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 Subsection
23-4.1b3.
3. Maintain for public inspection all records pertaining to the provisions
of this chapter.
d. Alteration of watercourses:
1. Notify adjacent communities and the the New Jersey Department of
Environmental Protection, Bureau of Flood Control, and the Land Use
Regulations 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 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 Subsection
23-3.2, 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 Subsection
23-5.2a, Specific Standards, Residential construction, and Subsection
23-5.2b, Specific Standards, Nonresidential construction, and Subsection
23-5.2c, 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
23-4.4.
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 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.
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; and
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 and other proposed development
which contains at least 50 lots or five acres (whichever is less).
e. 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 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 covering 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
23-3.2, Basis for Establishing Areas of Special Flood Hazard, or Subsection
23-4.3b, 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 more-restrictive:
base flood elevation (published FIS/FIRM) plus one foot, the best
available flood hazard data elevation plus one foot, or as required
by ASCE/SEI 24-14, Table 2-1.
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)
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, as well as all electrical,
heating, ventilating, air-conditioning and other service equipment:
1. Either:
(a)
Elevated at or above the more restrictive: base flood elevation
(published FIS/FIRM) plus one foot, the best available flood hazard
data elevation plus one foot, or as required by ASCE/SEI 24-14, Table
2-1; and
(b)
Require within any AO or AH Zone on the Township's FIRM
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), 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;
2. Or:
(a)
Be floodproofed so that, below the more restrictive: base flood
elevation (published FIS/FIRM) plus one foot, the best available flood
hazard data elevation plus one foot, or as required by ASCE/SEI 24-14,
Table 6-1, the structure is watertight with walls substantially impermeable
to the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
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
23-4.3c2.
c. Manufactured homes.
1. Manufactured homes shall be anchored in accordance with Subsection
23-5.1a2.
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 more restrictive: base flood elevation
(published FIS/FIRM) plus one foot, the best available flood hazard
data elevation plus one foot, or as required by ASCE/SEI 24-14, Table
2-1.
3. The manufactured home chassis shall be 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.
Located within areas of special flood hazard established in Subsection
23-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to 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 encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b. If Subsection
23-5.3a is satisfied, all new construction and substantial improvements must comply with flood hazard reduction provisions of §
23-5, 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 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.
[7-9-2019 by Ord. No.
3029-19]
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.
[7-9-2019 by Ord. No.
3029-19]
This chapter is effective 20 days after adoption and publication
according to law.