[1991 Code § 171-1; Ord. No. 02-28 § I(B)]
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 the public health,
safety and general welfare of their citizenry.
[1991 Code § 171-2; Ord. No. 02-28 § I(B)]
a. The flood hazard areas of the Township are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare.
b. These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and
velocities and, when inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
[1991 Code § 171-3; Ord. No. 02-28 § I(B)]
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 special flood hazard.
h. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[1991 Code § 171-4; Ord. No. 02-28 § I(B)]
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.
[1991 Code § 171-5; Ord. No. 02-28 § I(B); Ord. No. 2006-22 § I(A)]
(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.) As used in this chapter, the following terms shall have
the meanings indicated:
APPEAL
Shall mean 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
Shall mean a designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM), with a 1% or greater chance of flooding to an average
depth of one to three feet where a clearly defined channel does not
exist, where the flooding is unpredictable and where velocity flow
may be evident. Such flooding is characterized by ponding or sheet
flow.
AREA OF SPECIAL FLOOD HAZARD
Shall mean the land in the floodplain within a community
subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD
Shall mean flooding having a 1% chance of being equaled or
exceeded in any given year.
BASEMENT
Shall mean area of the building having its floor subgrade
(below ground level) on all sides.
BREAKAWAY WALL
Shall mean 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
Shall mean 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, located within the area of special flood hazard.
ELEVATED BUILDING
Shall mean a nonbasement building 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 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.
FLOOD INSURANCE RATE MAP (FIRM)
Shall mean 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
Shall mean the official report in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map and the water surface elevation of the base flood.
FLOOD OR FLOODING
Shall mean 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.
FLOOD PLAIN MANAGEMENT REGULATIONS
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain ordinance, grading ordinance or 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.
FLOODWAY
Shall mean the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than 0.2 foot.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Shall mean any structure that is: listed individually in
the National Register of Historic Places (as maintained by the Department
of Interior) of preliminary determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register; 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; individually listed on the New
Jersey inventory of historic places pursuant to the New Jersey historic
preservation program approved by the Secretary of the Interior; or,
individually listed on a local inventory of historic places in a community
with historic preservation programs that have been certified by either
the approved New Jersey program as determined by the Secretary of
the Interior, or directly by the Secretary of the Interior if New
Jersey has no such approved program.
LOWEST FLOOR
Shall mean 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 as to render
the structure in violation of other applicable nonelevation design
requirements.
MANUFACTURED HOME
Shall mean 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 "recreation vehicle."
NEW CONSTRUCTION
Shall mean structures for which the start of construction
commenced on or after the effective date of this chapter.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which 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 this chapter.
RECREATIONAL VEHICLE
Shall mean 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 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
improvements and shall mean 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 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.
STRUCTURE
Shall mean a walled and roofed building, a manufactured home
or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Shall mean 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 IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition or
other 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: 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, any alterations of an "historic
structure," provided that the alteration will not preclude the structure's
continued designation as an "historic structure."
VARIANCE
Shall mean a grant of relief from the requirements of this
chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
[1991 Code § 171-13; Ord. No. 02-28 § I(A)]
The Construction Official or, at the official's direction,
the Zoning Official, is hereby appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
[1991 Code § 171-14; Ord. No. 02-28 § I(A); Ord. No. 2006-22 § I(B); Ord. No. 2006-22A § I]
Duties of the Construction Official or, at the official's
designation, the Zoning Official, shall include, but not be limited
to:
a. Permit Application Review.
1. Review all development permit applications to determine that the
permit requirements of this chapter have been satisfied.
2. Review all development permit applications 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 permit applications to determine if the proposed development is located in the floodway, and if so assure that the encroachment provisions of subsection
32-7.3a are met.
4. Review plans for walls to be used to enclose space below the base flood level in accordance with subsection
32-7.2.
b. Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data have not been provided in accordance with subsection
32-8.2, Basis for Establishing 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 subsection
32-7.2a, Specific Standards, Residential Construction and subsection
32-7.2b, 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 an actual elevation in relation to mean sea
level; and
(b)
Maintain the floodproofing certifications required in subsection
32-6.1b3.
3. Maintain for public inspection all records pertaining to the provisions
of this chapter.
d. Alteration of Watercourses.
1. Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section and the Land Use
Regulation Program, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
2. Require that maintenance be provided within the altered or relocated
portion of said watercourse so that the floodcarrying capacity is
not diminished.
e. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection
32-6.4.
[1991 Code § 171-16]
In all areas of special flood hazards, the following standards
are 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
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. Electrical, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities shall be designed and located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
d. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize
flood damage.
2. All subdivision proposals 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 shall have adequate drainage provided to
reduce exposure to flood damage.
4. Base flood elevation data shall be provided for subdivision proposals
and other proposed development.
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 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.
[1991 Code § 171-17; Ord. No. 2006-22 §§ I(C),(D)]
In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection
32-8.2, Basis for Establishing Areas of Special Flood Hazard, or in subsection
32-6.3b, Use of Other Base Flood and Floodway Data, the following standards are required:
a. Residential Construction. New construction and substantial improvement
of any residential structure shall:
1. Have the lowest floor, including basement, elevated to or above the
base flood elevation;
2. Require within an AO Zone on the Springfield FIRM that all new construction
and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated above the highest adjacent
grade 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.
b. Nonresidential Construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to the
level of the base flood elevation or;
1. Require within any AO Zone on the Springfield FIRM that all new construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall either 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. Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
3. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
4. Be certified by a registered professional engineer or architect to
the effect 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 32-6.3c2.
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with subsection
32-7.1a2.
2. All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall be elevated on a permanent foundation
such that the top of the lowest floor is at or above the base flood
elevation.
[1991 Code § 171-18]
Located within areas of special flood hazard established in subsection
32-8.2 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. Encroachments, including fill, new construction, substantial improvements
and other development, shall be prohibited 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 paragraph a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section
32-7, 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 of a foot at any point.
[1991 Code § 171-6]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Springfield.
[1991 Code § 171-7; Ord. No. 2006-22 § I(E)]
The areas of special flood hazard within the Township (designated
as Community No. 345321), are identified and defined on the following
documents prepared by the Federal Emergency Management Agency, which
documents are hereby adopted and declared to be a part of this chapter,
and are on file at the Office of the Township Clerk:
a. A scientific and engineering report "Flood Insurance Study, Union
County, New Jersey (All Jurisdictions)" dated September 20, 2006.
b. Flood Insurance Rate Map for Union County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 0003, 0009, 0010, 0011, 0020,
0021; whose effective date is September 20, 2006.
[1991 Code § 171-8; Ord. No. 2006-22 § I(F); Ord. No. 2006-22A § II]
No structure of 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 $5,000 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.
[1991 Code § 171-9]
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.
[1991 Code § 171-10]
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.
[1991 Code § 171-11]
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 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, 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.