[Ord. No. 2197-02; amended in entirety by Ord. No. 2287-07; 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of Millburn Township (hereinafter "these regulations").
[Added 10-3-2023 by Ord. No. 2651-23]
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section DRZ-701.5 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
1. 
Protect human life and health.
2. 
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
3. 
Manage the alteration of natural floodplains, stream channels and shorelines;
4. 
Manage filling, grading, dredging and other development, which may increase flood damage or erosion potential.
5. 
Prevent or regulate the construction of flood barriers, which will divert floodwater or increase flood hazards.
6. 
Contribute to improved construction techniques in the floodplain.
7. 
Minimize damage to public and private facilities and utilities.
8. 
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
9. 
Minimize the need for rescue and relief efforts associated with flooding.
10. 
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
11. 
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
12. 
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that Millburn Township administer and enforce the State building codes, the Township Committee of Millburn Township does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
[Added 10-3-2023 by Ord. No. 2651-23]
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section DRZ-703.1.16 of these floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
[Added 10-3-2023 by Ord. No. 2651-23]
The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.
[Added 10-3-2023 by Ord. No. 2651-23]
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of these floodplain regulations and other applicable regulations. Violation of the provisions of these floodplain regulations by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates these floodplain regulations or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250 imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
Each day in which a violation of the floodplain regulations exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon re-inspection of the property, it is determined that the abatement has not been substantially completed.
Any person who is convicted of violating the floodplain regulations within one year of the date of a previous violation of the floodplain regulations and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the floodplain regulations, but shall be calculated separately from the fine imposed for the violation of the floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with these floodplain regulations or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
[Added 10-3-2023 by Ord. No. 2651-23]
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
Millburn Township was accepted for participation in the National Flood Insurance Program on August 1, 1979. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Township Engineer's office at 375 Millburn Avenue, Millburn, NJ 07041.
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
1. 
Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Essex County, New Jersey (All Jurisdictions) dated April 3, 2020 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 701.5.2(1) whose top level document (Index map) effective date is April 3, 2020, are hereby adopted by reference.
Table 701.5.2(1)
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34013C0088
06/04/07
F
34013C0089
06/04/07
F
34013C0093
06/04/07
F
34013C0126
06/04/07
F
34013C0127
06/04/07
F
34013C0129
06/04/07
F
34013C0131
06/04/07
F
34013C0133
06/04/07
F
2. 
Federal Best Available Information. Millburn Township shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of these floodplain regulations must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
3. 
Other Best Available Data. Millburn Township shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Millburn Township. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section DRZ-701.5.1a1 and a2, above. This information shall be used for floodplain regulation purposes only.
4. 
State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in Section DRZ-702, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 701.5(3) List of State Studied Waters
Name of Studied Water
File Name
Map Number
West Branch Rahway River
GGEW0005
8
East Branch Rahway River
GGEW0006
7
East Branch Rahway River
GGEW0007
6
W Branch Rahway River
GGEW0008
5
Rahway River, East Branch, West Branch
GGEW0009
4
Rahway River, West Branch
GGEW0010
3
Rahway River
GGEW0038
5
Bryant Brook Branch, Bryant Brook, Van Winkles Brook
GGEW0039
4
Index Map
PRM00017
10&11
Passaic River
PRM00019
12
Passaic River
PRM00020
13
Canoe Brook
SUPPI003
C-1
Canoe Brook Tributary 1
SUPPI010
CDN-1
Slough Brook
SUPPI038
SL-1
Slough Brook
SUPPI040
SL-2
East Branch Rahway River
SUPPV001
1 of 3
West Branch Rahway River
SUPPV004
1 of 3
East Branch Rahway River
GGEW0002p
11
Rahway River - West Branch
GGEW0003p
10
Rahway River - West Branch
GGEW0004p
9
Van Winkle Brook
GGEW0036p
7
Passaic River
PRM00016p
9B
Passaic River
PRM00018p
11B
Canoe Brook
SUPPI004p
C-1A
Slough Brook
SUPPI039p
SL-1A
5. 
The most restrictive 0.2% annual chance (500-year) effective or preliminary FEMA flood study is adopted by these floodplain regulations for consideration when establishing the Best Available Flood Hazard Data Area.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section DRZ-701.5.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by these floodplain regulations.
At a minimum, the Local Design Flood Elevation shall be as follows:
1. 
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section DRZ-701.5.2, above plus one foot OR as described by N.J.A.C. 7:13 of freeboard; OR as described by N.J.A.C. 7:13; OR as required by NJDEP regulations in effect at time of permit application; or
2. 
For any undelineated watercourse (where mapping or studies described in Section DRZ-701.5.2a1 and a2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:
(a) 
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard OR as required by NJDEP regulations in effect at time of permit application and any additional freeboard as required by ASCE 24; or
(b) 
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard OR as required by NJDEP regulations in effect at time of permit application, and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section DRZ-703.3.2-3.
3. 
AO Zones - For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.
4. 
Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.
5. 
Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
[Added 10-3-2023 by Ord. No. 2651-23]
30-DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to these floodplain regulations has been issued.
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in these floodplain regulations, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
AH ZONES
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.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AO ZONES
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.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) 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
See SPECIAL FLOOD HAZARD AREA.
ASCE 7
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".
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 preliminary 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 AREA
The areal mapped extent associated with the most recent available preliminary 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 preliminary flood elevation 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.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING
Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION
A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
a. 
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
b. 
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.
DEVELOPMENT
Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1-3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD OR FLOODING
a. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in paragraph a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
b. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a1 of this definition.
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.
FLOODPLAIN OR FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
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.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.
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.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to § DRZ-704 of these floodplain regulations, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
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 in the National Register of Historic Places (a listing maintained by the Department of 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.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:
a. 
Prior to January 31, 1980; or
b. 
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in these floodplain regulations to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT
A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard as required by NJDEP regulations or specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. 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 non-elevation design requirements of these regulations.
MANUFACTURED HOME
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, 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. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
REPETITIVE LOSS
Any flood-related damage sustained by a structure on two 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 value of the structure before the damage occurred.
RESIDENTIAL
Pursuant to the ASCE 24:
a. 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
b. 
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
c. 
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL
"Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION
The Start of Construction is as follows:
a. 
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, 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 building on 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 (mobile) home on a foundation. For a substantial improvement, 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.
b. 
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction 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 slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.
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 IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place over a five-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The period of accumulation includes the first improvement or repair of each structure that is permanent subsequent to 2023. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. This term also includes structures that have incurred "repetitive loss" or "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 a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
VARIANCE
A grant of relief from the requirements of this section, which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these floodplain regulations is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The Township Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § DRZ-704 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The duties of the Floodplain Administrator shall include but are not limited to:
1. 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § DRZ-701.5 of these regulations.
2. 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
3. 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
4. 
Determine whether additional flood hazard data shall be obtained or developed.
5. 
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
6. 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section DRZ-703.1.16 of these regulations.
7. 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
8. 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section DRZ-704 of these regulations.
9. 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
10. 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
11. 
Inspect development in accordance with Section DRZ-703.4 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12. 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section DRZ-704 of these regulations.
13. 
Cite violations in accordance with Section DRZ-704.2.6 of these regulations.
14. 
Notify the Federal Emergency Management Agency when the corporate boundaries of Millburn Township have been modified.
15. 
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section DRZ-701.5.2.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
[Added 10-3-2023 by Ord. No. 2651-23]
It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
1. 
Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or
2. 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Section DRZ-701.5.2 and DRZ-701.5.3 respectively. This information shall be provided to the Construction Official and documented according to Section DRZ-703.1.17.
[Added 10-3-2023 by Ord. No. 2651-23]
Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
[Added 10-3-2023 by Ord. No. 2651-23]
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.
[Added 10-3-2023 by Ord. No. 2651-23]
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
[Added 10-3-2023 by Ord. No. 2651-23]
A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
[Added 10-3-2023 by Ord. No. 2651-23]
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
[Added 10-3-2023 by Ord. No. 2651-23]
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
[Added 10-3-2023 by Ord. No. 2651-23]
All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by these floodplain regulations unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of these floodplain regulations. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
1. 
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section DRZ-701.4.2, performed in the floodplain regulated by these floodplain regulations in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
4. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of five years prior to the permit application or substantial damage determination as specified in the definition of substantial improvement. This determination shall also include the evaluation of flood related damages over a ten-year period to determine if the costs of repairs at the times of each flood constitutes a repetitive loss as defined by these floodplain regulations.
5. 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required, and notify the applicant in writing when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
[Added 10-3-2023 by Ord. No. 2651-23]
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
1. 
Identify and describe the development to be covered by the permit.
2. 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
3. 
Indicate the use and occupancy for which the proposed development is intended.
4. 
Be accompanied by a site plan and construction documents as specified in Section DRZ-703.3 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
5. 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
6. 
Be signed by the applicant or the applicant's authorized agent.
[Added 10-3-2023 by Ord. No. 2651-23]
The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
[Added 10-3-2023 by Ord. No. 2651-23]
A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
1. 
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
2. 
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section DRZ-703.3.2.
3. 
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section DRZ-703.3.2a3 of these regulations.
4. 
Location of the proposed activity and proposed structures, and locations of existing buildings and structures.
5. 
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. 
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. 
Existing and proposed alignment of any proposed alteration of a watercourse.
8. 
Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
1. 
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
2. 
Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
3. 
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
1. 
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section DRZ-703.3.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
2. 
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. 
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section DRZ-703.3.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
4. 
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
[Added 10-3-2023 by Ord. No. 2651-23]
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
1. 
Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section DRZ-705.6.2 shall be submitted to the Construction Official on an Elevation Certificate.
2. 
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section DRZ-705.6.2.
3. 
Final Inspection. Prior to the final inspection, certification of the elevation required in Section DRZ-705.6.2 shall be submitted to the Construction Official on an Elevation Certificate.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § DRZ-704.2.4, the conditions of issuance set forth in Section DRZ-704.2.5, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
A variance to the substantial improvement requirements of these floodplain regulations is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by these floodplain regulations, and the variance is the minimum necessary to preserve the historic character and design of the structure.
[Added 10-3-2023 by Ord. No. 2651-23]
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
[Added 10-3-2023 by Ord. No. 2651-23]
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
1. 
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
2. 
The danger to life and property due to flooding or erosion damage.
3. 
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
4. 
The importance of the services provided by the proposed development to the community.
5. 
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
6. 
The compatibility of the proposed development with existing and anticipated development.
7. 
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
8. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
9. 
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
10. 
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, streets, and bridges.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
Variances shall only be issued upon:
1. 
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
2. 
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
3. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
4. 
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
[Added 10-3-2023 by Ord. No. 2651-23]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
[Added 10-3-2023 by Ord. No. 2651-23]
Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
[Added 10-3-2023 by Ord. No. 2651-23]
A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 [or an amount up to $2,000 under N.J.S.A. 40:49-5] may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
1. 
All such proposals are consistent with the need to minimize flood damage.
2. 
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
3. 
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. 
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
2. 
Residential building lots shall be provided with adequate buildable area outside the floodway.
3. 
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section DRZ-703.3.3a1 of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section DRZ-703.3.3a1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section DRZ-705.6.2 of these floodplain regulations and the floodway requirements of N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
The following are prohibited activities:
1. 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
2. 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
[Added 10-3-2023 by Ord. No. 2651-23]
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
[Added 10-3-2023 by Ord. No. 2651-23]
Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
[Added 10-3-2023 by Ord. No. 2651-23]
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
[Added 10-3-2023 by Ord. No. 2651-23]
Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
[Added 10-3-2023 by Ord. No. 2651-23]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section DRZ-705.6.2.
[Added 10-3-2023 by Ord. No. 2651-23]
All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.
[Added 10-3-2023 by Ord. No. 2651-23]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
[Added 10-3-2023 by Ord. No. 2651-23]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section DRZ-705.6.2.
[Added 10-3-2023 by Ord. No. 2651-23]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section DRZ-705.6.2 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section DRZ-705.6.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
[Added 10-3-2023 by Ord. No. 2651-23]
Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
[Added 10-3-2023 by Ord. No. 2651-23]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section DRZ-705.6.2 for habitable buildings and Section DRZ-705.3.3.
[Added 10-3-2023 by Ord. No. 2651-23]
Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
1. 
Be located and constructed to minimize flood damage;
2. 
Meet the limitations of Section DRZ-703.3.3a1 of these floodplain regulations when located in a regulated floodway;
3. 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section DRZ-701.5.3;
4. 
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
5. 
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section DRZ-701.5.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
(a) 
Specifically allowed below the Local Design Flood Elevation; and
(b) 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
6. 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
7. 
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
[Added 10-3-2023 by Ord. No. 2651-23]
Construction and Elevation in A Zones not including Coastal A Zones.
a. 
No portion of a building is located within a V Zone.
b. 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
c. 
All new construction and substantial improvement of any habitable building (as defined in Section DRZ-702 located in flood hazard areas 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 to or above the Local Design Flood Elevation as determined in Section DRZ-701.5.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
d. 
All new construction and substantial improvements of non-residential structures shall:
1. 
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 to or above the Local Design Flood Elevation as determined in Section DRZ-701.5.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
2. 
Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:
(a) 
Meets the requirements of ASCE 24 Chapters 2 and 7; and
(b) 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.
e. 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
1. 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
2. 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Section DRZ-705.6.2d2 are met;
3. 
Be constructed to meet the requirements of ASCE 24 Chapter 2;
4. 
Have openings documented on an Elevation Certificate; and
5. 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(a) 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(b) 
The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
(c) 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;
f. 
For new construction or substantial improvements, enclosures shall be less than 295 square feet in size.
[Added 10-3-2023 by Ord. No. 2651-23]
Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
[Added 10-3-2023 by Ord. No. 2651-23]
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section DRZ-703.3.3a1 of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section DRZ-704 of these floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section DRZ-703.3.3a1 of these regulations and N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section DRZ-703.3.3a1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
a. 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
b. 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section DRZ-703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
[Added 10-3-2023 by Ord. No. 2651-23]
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
[Added 10-3-2023 by Ord. No. 2651-23]
Temporary structures and temporary storage in floodways shall meet the requirements of Section DRZ-703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
[Added 10-3-2023 by Ord. No. 2651-23]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section DRZ-701.5.3.
[Added 10-3-2023 by Ord. No. 2651-23]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section DRZ-701.5.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section DRZ-705.6.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
[Added 10-3-2023 by Ord. No. 2651-23]
Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section DRZ-701.5.3.
[Added 10-3-2023 by Ord. No. 2651-23]
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section DRZ-701.5.3.
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Ord. No. 2374-11, 706.2]
The Township Committee of the Township of Millburn finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of the Township of Millburn, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this ordinance is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Township of Millburn; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Township of Millburn; to protect the riparian and aquatic ecosystems of the Township of Millburn; to provide for the environmentally sound use of the land resources of the Township of Millburn, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives.
The specific purposes and intent of this ordinance are to:
a. 
Restore and maintain the chemical, physical, and biological integrity of the water resources of the Township of Millburn;
b. 
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;
c. 
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
d. 
Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
e. 
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
f. 
Maintain base flows in streams and moisture in wetlands;
g. 
Control downstream flooding; and
h. 
Conserve the natural features important to land and water resources, e.g., headwater areas, ground water recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
[Ord. No. 2374-11, 706.3]
The Township of Millburn is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. The Township of Millburn is also empowered to adopt and implement this ordinance under provisions provided by the following legislative authorities of the State of New Jersey:
a. 
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
b. 
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq. and rules set forth at N.J.A.C. 7:15 et seq.
c. 
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
d. 
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24 et seq.
e. 
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq. and rules set forth at N.J.A.C. 7:13 et seq.
f. 
Stormwater Management Rules, N.J.A.C. 7:8 et seq.
[Ord. No. 2374-11, 706.4]
ACID PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment or Construction Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this ordinance, and that would be located in whole or in part within a regulated Riparian Zone.
CATEGORY ONE WATERS OR C1 WATERS
Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
CATEGORY TWO WATERS OR C2 WATERS
Those waters not designated as Outstanding Natural Resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards.
FLOODWAY
Shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and Section 702.
INTERMITTENT STREAM
A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND, OR RESERVOIR
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM
A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.
RIPARIAN ZONE MANAGEMENT PLAN
A plan approved by the Engineer of the Township of Millburn. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any Riparian Zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA
A 300-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES
A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TROUT MAINTENANCE WATER
A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER
A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
[Ord. No. 2374-11, 706.5]
a. 
Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
1. 
The Riparian Zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes Special Water Resource Protection Areas or SWRPAs as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
2. 
The Riparian Zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:
(a) 
Any trout production water and all upstream waters (including tributaries);
(b) 
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body;
(c) 
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body; and
(d) 
Any segment of a surface water body flowing through an area that contains acid producing soils.
3. 
For all other surface water bodies, a Riparian Zone of 50 feet wide shall be maintained along both sides of the water.
b. 
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
1. 
Along a linear fluvial or tidal water, such as a stream or swale, the Riparian Zone is measured landward of the feature's center line;
2. 
Along a non-linear fluvial water, such as a lake or pond, the Riparian Zone is measured landward of the normal water surface limit;
3. 
Along a non-linear tidal water, such as a bay or inlet, the Riparian Zone is measured landward of the mean high water line; and
4. 
Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the Riparian Zone is measured landward of the feature's center line.
Where slopes (in excess of 15%) are located within the designated widths, the Riparian Zone shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the Riparian Zone shall cover the entire floodway area, or the area described above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available.
c. 
A riparian zone is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the Riparian Zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:
• Building permit
• Zoning variance
• Special exception
• Conditional use
• Subdivision/land development approval
d. 
A map of the riparian zones of the entire municipality of the Township of Millburn, including all land and water areas within its boundaries, which designates surface water bodies, is included as part of this ordinance, and is appended as Figure 1.[1]
Maps of the municipality on which these designations have been overlain shall be on file and maintained by the offices of the Clerk of the Township of Millburn. This map conforms to all applicable laws, rules and regulations applicable to the creation, modification and promulgation of zoning maps.
[1]
Editor's Note: The Riparian Zone Map may be found at the end of Section 706.
e. 
It shall be the duty of the Engineer of the Township of Millburn, every second year after the adoption of this ordinance, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the Riparian Zone Map, to record all modifications to the Riparian Zone Map required by decisions or appeals under Section 706.10, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
f. 
The applicant or designated representative shall be responsible for the initial determination of the presence of a Riparian Zone on a site, and for identifying the area on any plan submitted to the Township of Millburn in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, Board of Adjustment, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
g. 
The municipal Master Plan provides the legal basis for zoning and land use regulation at the local level.
h. 
Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:
1. 
The proposed project or activity is not in the riparian zone.
2. 
The proposed disturbance in a Riparian Zone is for a linear development with no feasible alternative route. If the Riparian Zone is associated with Category One waters, the linear development must also meet the requirements for Special Water Resource Protection Areas under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
3. 
The proposed disturbance in a Riparian Zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
4. 
The proposed disturbance of a Riparian Zone is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;
5. 
The proposed disturbance of a Riparian Zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.;
6. 
The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces;
7. 
The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or
8. 
Demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20% or greater slope, except as allowed under h6 and h7 above.
[Ord. No. 2374-11, 706.6]
a. 
For Riparian Zones in Category One waters (C1 waters), permitted uses are governed by the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise exempt.
b. 
Any other Riparian Zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this ordinance may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in Riparian Zones. No new construction, development, use, activity, encroachment, or structure shall take place in a Riparian Zone, except as specifically authorized in this Section. The following uses shall be permitted within a Riparian Zone:
1. 
Open space uses that are primarily passive in character shall be permitted by right to extend into a Riparian Zone, provided near stream vegetation is preserved. These uses do not require approval by the Zoning Enforcement Officer or compliance with an approved Riparian Zone Management Plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail have been stabilized with pervious materials.
2. 
Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.
3. 
Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Zoning Enforcement Officer, provided that any applicable State permits are acquired, and provided that any disturbance is offset by buffer improvements in compliance with an approved Riparian Zone Management Plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
4. 
Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved Riparian Zone Management Plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Zoning Enforcement Officer and subject to compliance with an approved Riparian Zone Management Plan.
[Ord. No. 2374-11, 706.7]
a. 
All encroachments proposed into Riparian Zones in C1 waters shall comply with the requirements of the Stormwater Management rule at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
b. 
For all other Riparian Zones, the following conditions shall apply:
1. 
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the Riparian Zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
2. 
Portions of lots within the Riparian Zone must be permanently restricted by deed or conservation easement held by the Township of Millburn, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the Riparian Zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:
(a) 
A written narrative of the authorized regulated activity, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
(b) 
Survey plans for the property as a whole and, where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and
(c) 
A copy or copies of deeds for the property as a whole that indicate the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county.
3. 
Any lands proposed for development which include all or a portion of a Riparian Zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the Riparian Zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in Section 706.9.
4. 
For building lots which exist as of the date of adoption of this ordinance (adopted May 3, 2011 by Ord. No. 2374-11), but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the Riparian Zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the Riparian Zone.
5. 
All stormwater shall be discharged outside of but may flow through a Riparian Zone and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).
6. 
If stormwater discharged outside of and flowing through a Riparian Zone cannot comply with the Standard for Off-Site Stability cited in paragraph 5, above, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
[Ord. No. 2374-11, 706.8]
Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
a. 
Legally existing but nonconforming structures or uses may be continued.
b. 
Any proposed enlargement or expansion of the building footprint within the Riparian Zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
c. 
For all other Riparian Zones:
1. 
Encroachment within the Riparian Zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
2. 
Existing impervious cover shall not be increased within the Riparian Zone as a result of encroachments where previous development or disturbances have occurred.
3. 
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Riparian Zone, as measured against the intent and purpose under Section 706.1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this ordinance (May 3, 2011).
[Ord. No. 2374-11, 706.9]
a. 
Any use within a Riparian Zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b. 
For other Riparian Zones, any use or activity not specifically authorized in Section 706.5 or Section 706.7 shall be prohibited within the Riparian Zone. By way of example, the following activities and facilities are prohibited:
1. 
Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
2. 
Storage of any hazardous or noxious materials.
3. 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
4. 
Roads or driveways, except where permitted in compliance with Section 706.5.
5. 
Motor or wheeled vehicle traffic in any area, except as permitted by this ordinance.
6. 
Parking lots.
7. 
Any type of permanent structure, except structures needed for a use permitted by Section 706.5.
8. 
New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.
9. 
Residential grounds or lawns, except as otherwise permitted pursuant to this ordinance.
[Ord. No. 2374-11, 706.10]
a. 
For Riparian Zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b. 
For other Riparian Zones, hardship variances may be granted by the Zoning Board of Adjustment in cases of a preexisting lot (existing at the time of adoption of this ordinance) when there is insufficient room outside the Riparian Zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the Riparian Zone, including obtaining variances from setback or other requirements that would allow conformance with the Riparian Zone requirements, and provided the following demonstrations are made:
1. 
An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this ordinance and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
(a) 
Do not apply to or affect other property in the immediate vicinity;
(b) 
Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant; and are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
(c) 
The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.
2. 
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that one of the following applies:
(a) 
The proposed project will serve an essential public health or safety need;
(b) 
The proposed use is required to serve an existing public health or safety need; or
(c) 
There is no alternative available to meet the established public health or safety need.
3. 
A variance can only be granted if it is shown that the activity is in conformance with all applicable local, State, and Federal regulations, including but not limited to the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and that the exception granted is the minimum relief necessary to relieve the hardship.
c. 
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded Riparian Zone area within or adjacent to the same site, and at least equivalent in size to the Riparian Zone reduction permitted, or, if not possible, rehabilitate or expand a Riparian Zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in Section 706.10 below. In lieu of such rehabilitation, the Township of Millburn may accept a financial contribution in the amount of 125% of the cost of rehabilitation, payment of which shall be made to the Township of Millburn Open Space Fund.
[Ord. No. 2374-11, 706.11]
a. 
Within any Riparian Zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a Riparian Zone Management Plan.
b. 
The landowner, applicant, or developer shall submit to the Zoning Officer, or its appointed representative, a Riparian Zone Management Plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the Riparian Zone. The Riparian Zone Management Plan shall identify the existing conditions including:
1. 
Existing vegetation;
2. 
Field delineated surface water bodies;
3. 
Field delineated wetlands;
4. 
The 100-year floodplain;
5. 
Flood Hazard Areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection;
6. 
Soil classifications as found on Soil Surveys;
7. 
Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations;
8. 
Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%. The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the Riparian Zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the Riparian Zone's ability to function effectively as a Riparian Zone shall also be included with the Riparian Zone Management Plan submittal to the Township of Millburn.
c. 
The Plan shall be reviewed and must be approved by the Engineer of the Township of Millburn, in consultation with the Environmental Commission, as part of the subdivision and land development process.
d. 
The Riparian Zone Management Plan must include management provisions in narrative and/or graphic form specifying:
1. 
The manner in which the area within the Riparian Zone will be owned and by whom it will be managed and maintained.
2. 
The conservation and/or land management techniques and practices that will be used to conserve and protect the Riparian Zone, as applicable.
3. 
The professional and personnel resources that are expected to be necessary, in order to maintain and manage the Riparian Zone.
4. 
A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy. Vegetation selected must be native, non-invasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Engineer of the Township of Millburn, in consultation with the Environmental Commission. Dominant vegetation in the Riparian Zone Management Plan shall consist of plant species that are suited to the Riparian Zone environment. The Engineer of the Township of Millburn may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or State or Federal forest agencies.
e. 
A Riparian Zone Management Plan is not required where the Riparian Zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the Riparian Zone.
f. 
Performance of the Riparian Zone Management Plan shall be guaranteed for two years by a surety as approved by the Township Attorney, such as a bond, cash or irrevocable letter of credit, which shall be provided to the Township of Millburn prior to the Township of Millburn issuing any permits or approving any uses relating to the applicable use or activity.
[Ord. No. 2374-11, 706.12]
a. 
When a landowner or applicant disputes the boundaries of a Riparian Zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Zoning Officer that describes the Riparian Zone, presents the landowner or applicant's proposed Riparian Zone delineation, and presents all justification for the proposed boundary change, including but not limited to, a verification issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the Special Water Resource Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h)1ii.
b. 
Within 45 days of a complete submission of Section 706.11a above, the Engineer of the Township of Millburn, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Zoning Officer and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
c. 
Any party aggrieved by any such determination or other decision or determination under Section 706.11b may appeal to the Board of Adjustment under the provisions of this ordinance.
The party contesting the location of the Riparian Zone boundary shall have the burden of proof in case of any such appeal.
d. 
Any party aggrieved by any determination or decision of the Board of Adjustment under this ordinance may appeal to the Superior Court of the State of New Jersey. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
e. 
Inspections.
1. 
Lands within or adjacent to an identified Riparian Zone shall be inspected by Township Engineer or his/her designee when:
(a) 
A subdivision or land development plan is submitted;
(b) 
A building permit is requested;
(c) 
A change or resumption of a nonconforming use is proposed;
(d) 
A discontinued nonconforming use is resumed more than a year later, as described in Section 706.8.
2. 
The Riparian Zone may also be inspected periodically by representatives from the Township of Millburn if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.
f. 
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this ordinance are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this ordinance apply.
g. 
Severability.
1. 
Interpretation: This ordinance shall be so construed as not to conflict with any provision of New Jersey or Federal law.
2. 
Notwithstanding that any provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the ordinance shall continue to be of full force and effect.
3. 
The provisions of this ordinance shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
[Ord. No. 2374-11, 706.13]
A prompt investigation shall be made by the appropriate personnel of the Township of Millburn, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this ordinance is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Any person who violates this ordinance or fails to comply with any requirements shall upon conviction be fined not more than $2000 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 shall prevent the Township of Millburn from taking such other lawful action as is necessary to prevent or remedy any violation.
Nothing in this ordinance shall be construed to preclude the right of the Township of Millburn, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any Section or Subsection of this ordinance shall constitute a separate and distinct offense independent of the violation of any other Section or Subsection, or of any order issued pursuant to this ordinance. Each day a violation continues shall be considered a separate offense.
[Ord. No. 2374-11, 706.13]
This ordinance shall take effect upon final passage and publication in accordance with the law.
Figure 1
DRZ Riparian Zone Map.tif