A.
The purpose of this article is to protect the health, safety and
public welfare of the Township of Wayne through the protection and
preservation of natural features including geology, hydrology, soils,
and vegetation in order to prevent erosion and flood damage and maintain
ecological balance and a healthful environmental quality.
C.
The article is designed to promote the goals of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. and the Wayne Master Plan
including, but not limited to, the goal to encourage the most appropriate
use of land considering its character and peculiar suitability for
certain uses; regulate the intensity of land use; provide sufficient
open space; promote a desirable visual environment and conservation
of natural resources; prevent degradation of the environment through
improper use of the land; and provide for planned development which
incorporates the best features of type, design, and layout of development
for the particular site.
D.
In particular, policies and standards are specified for land containing
or characterized by slopes; streams, lakes, ponds or other surface
water bodies; flood plains and flood hazard areas; shallow depth to
seasonal high water table; shallow depth to bedrock; and trees and
woodlands.
The principles and objectives of this article shall be fostered,
promoted, and achieved to the greatest extent possible in the review
and approval of any application governed by this article. The principles
and objectives are as follows:
A.
Alterations to existing topography, hydrology, and geology shall
be minimized.
B.
Destruction of mature woodlands shall be minimized.
C.
Stream corridors, pond shores, lake shores, and flood plains shall
be protected from development.
D.
Erosion and increased surface water runoff shall be minimized by
avoiding development on steep slopes and avoiding excessive site clearing,
grading and impervious surface.
E.
The risk to life and property shall be reduced by limiting further
construction in flood plains and inappropriate development in upland
drainage areas.
[Ord. No. 26-2016]
A.
Purpose. The purpose of this article is to protect the health and
safety of the community insofar as it relates to the protection and
the preservation of those natural features including geology, hydrology,
soils and vegetation considered as development constraints. It is
of particular concern to maintaining ecological balance, a healthful
environmental quality and protection of historic resources. Additionally,
the purpose of this article shall be to control the indiscriminate,
uncontrolled and excess destruction, removal and culling of trees
upon lots and tracts of land within the Township which will result
in creating increased soil erosion and dust, deteriorated property
values and most particularly adversely altering the biological and
ecological composition and balance of the Township thereby resulting
in irreparable harm to the environment to the detriment of this community.
In order to maintain the biodiversity of the entire community of which
the natural fauna and most specifically its existing tree stock is
an integral and critical component, it shall be the requirement of
the Township as expressed by this article that trees be replaced either
onsite or throughout the Township as required by the provisions of
this chapter. This article shall also control the number and size
of building lots and maximum development permitted upon lots in all
zones in the Township. The regulation is applicable to subdivisions
and site plans. The regulation is also applicable to any building
permit and grading permit where the improvement footprint is 500 square
feet or greater.
B.
Environmental factors. The environmental factors that must be considered,
if and where present, are as follows:
C.
Applicability.
(1)
Area of disturbance
(a)
This regulation is applicable to subdivisions and site plans.
This regulation is also applicable to any building permit or grading
permit where the improvement footprint is 500 square feet or greater.
A site grading plan will be required as part of any such application
at the submission for subdivision, and at the submission for a building
permit or grading permit.
(b)
For projects with an area of construction between 500 and 1,000
square feet (inclusive), the site grading plan may be prepared by
the applicant. If construction is proposed in areas with none of the
listed environmental factors, the Township Zoning Officer, Planner
and Engineer shall inspect and accept said determination and thereafter
process the appropriate application.
(c)
For projects with an area of construction in excess of 1,000
square feet, or where it has been determined that environmental factors
exist, full compliance with this article shall be required.
(d)
The removal or placement of soil of 200 cubic yards or greater
for commercial development or activity.
(e)
The removal or placement of soil of 50 cubic yards or greater
for any residential development or activity.
(2)
In the case of applications for major subdivisions submitted
after October 4, 1988, in lieu of submitting detailed grading plans,
the applicant shall submit conceptual lot grading plans for the purposes
of preliminary subdivision approval.
(3)
Any recorded lot or approved preliminary or final subdivision plat or approved site plan or buildings or structures existing on the effective date hereof may be continued even though they may not conform to the provisions of this article. However, nothing herein contained shall be construed to permit a nonconforming lot to be made more nonconforming. At the time of application for a building permit, a site grading plan conforming to § 134-96.3 shall be submitted to the Township Engineer for review and approval.
(5)
Reseeding or sodding of lawns and installation of landscaping
on preexisting lawn or landscaped areas are exempt from the provisions
of this article.
(6)
Previously disturbed pervious areas which have been restored
by landscaping or otherwise stabilized as found acceptable by the
Township for a period of at least two years from the time of final
approval by the Township, shall be exempt from the provisions of this
article.
D.
CUT OR EXCAVATION
DISTURBANCE
FILL
GRADING
LIMIT OF GRADING
SLOPES
STREAM
WATER BODY
Definitions for the purpose of this section. Certain terms are defined
and shall be construed as follows:
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
Any activity involving the clearing, excavating, storing,
filling or transporting of soil or any other activity which causes
soil to be exposed to the danger of erosion. The area of lot "disturbance"
shall include all portions of a lot which will be disturbed by grading
activity during construction. In addition, this area shall also include
all proposed impervious cover, such as buildings, driveways and patios,
even if built on existing grade, and shall also include the sewage
disposal beds if any are existing. Beyond the impervious cover and
sewage disposal beds, the area of lot grading shall be synonymous
with the limit of grading.
A man-made deposit of soil, rock or other materials.
Any stripping, cutting, filling or stockpiling or any combination
thereof, including the land in its cut or filled condition.
The boundary line formed between those areas of a site which
are to be graded and the existing natural topography of the property.
The "limit of grading" shall be synonymous with a no-cut/no-fill line.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or ([rise divided by run] x 100).
Any blueline body of water shown on United States Geological
Survey maps; and any tributary with a drainage basin of 10 acres or
greater.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
E.
Classification of topographical features. Land for any individual
development parcel will be classified into the following slope categories
or combination thereof as determined from topographic maps at two-foot
contours:
(1)
Areas with slopes from 0% to 7.9% are ideal for development;
septic fields are limited to land with slopes of less than 11%.
(2)
Areas with slopes 8% to 14.9% are suitable for residential or
small commercial development.
(3)
Areas with slopes from 15% to 19.9% can be developed as low-density
residential.
(4)
Areas with slopes from 20% to 23.9% can be developed with very
low-density residential.
(5)
Areas with slopes of 24% and over are severe and should be avoided
for any type of development.
A.
The number of building lots on any site (i.e., land holding capacity) shall be calculated by determining the acreage of each environmental factor, public rights-of-way and/or dedicated lands within the boundaries of the site and applying a development factor to it. Multiplication of the various areas by a development factor provides the land area to which the density for each zone can be applied. In those cases where land areas contain two or more overlapping environmental factors, the most restrictive shall apply. For those development applications that do not involve subdivision of property into individual building lots but rather involve a site plan for attached, multifamily or clustered housing, the permitted residential density for the development shall be determined and predicated upon the calculation of available buildable land area according to the factors set forth under Table One contained in § 134-91.2D. The same procedures as outlined in § 134-91.3B(1) through (6) shall, therefore, apply to all residential development within the Township regardless of zone.
B.
A site base plan must be presented by the applicant showing the following:
(1)
Boundaries (prepared by a licensed land surveyor).
(2)
Topography at two-foot contours.
(3)
Vegetation, including the specific location of trees over 18
inches in caliper.
(4)
Flood hazard areas, open water, streams, ponds and lakes.
(5)
Wetlands; wetland transition area.
(6)
Soil types.
(7)
Areas of zero to one foot seasonal high water.
(8)
One hundred-year floodplains.
(9)
Depth to bedrock less than three feet.
C.
The first step in this process is to determine the acreage in each
of the following categories:
(1)
Existing public rights-of-way and/or other dedicated lands.
(2)
One hundred-year flood hazard zone as determined by Federal
Emergency Management Agency flood insurance maps or through competent
field verification. The acreage in this category is best suited for
open space and as such cannot be used to calculate the total number
of building lots.
(3)
Flood hazard areas, open water, streams, ponds and lakes. If
these water areas overlap the one-hundred-year flood zone, only the
areas outside the flood zone need be calculated. This acreage must
be maintained in open space.
(4)
Wetlands, as defined by the United States Army Corps of Engineers
or the New Jersey Department of Environmental Protection (NJDEP),
with competent field verification; and, in addition, the area of lands
assigned to wetland transition areas, where appropriate. If this area
overlaps one of the above categories, only the area outside the one
hundred-year flood zone and open water areas need be calculated.
(5)
Areas of zero to one foot depth to seasonal high water as determined
from United States Soil Conservation Service Maps or from competent
field verification. If this land area overlaps the one hundred-year
flood areas, open water or wetlands, only the difference between these
areas and the area of zero to one foot seasonal high water can be
used to determine and calculate holding capacity.
(6)
Areas with slope greater than 24%.
(7)
Areas with slope ranging from 20% to 24%.
(8)
Areas with depth to bedrock of three feet or less.
(9)
Historic sites. If buildings or groups of buildings on a site
are appropriate for historic preservation, and if historic buildings
are preserved according to the Secretary of Interior's guidelines,
the land area devoted to this preservation is a bonus in determining
land holding capacity on the rest of the site. However, the land area
eligible for this bonus shall not exceed a radius of 100 feet around
any established historic structure or to the property boundary lines,
whichever is less; and any historic structure must be included in
the total number of units allowed on the site.
D.
The second step in the process is to determine the developable land
capacity by multiplying the land area with the various environmental
constraints by the appropriate factor as indicated in Table One. The
product of each of these individual calculations are added together
to determine the base developable land area.
|
Table One
| |
|---|---|
|
Multiplication Factors for Land Areas With Environmental Constraints
and Historic Preservation Potential
| |
|
Type of Land Area
|
Multiplication Factor
|
|
Existing land within public rights-of-way
|
0
|
|
Land within 100-year flood zone
|
0
|
|
Wetlands
|
0
|
|
Wetland transition areas (if legislation is applicable)
|
0.5
|
|
Flood hazard area of site with open water, or stream or pond
or lake
|
0
|
|
Land area with high seasonal water table of 0 to 1 foot
|
0.8
|
|
Land area with slopes over 24%
|
0.1
|
|
Land with slopes of 20% to 24%
|
0.5
|
|
Land with no environmental constraints (but not including land
containing historic structure, if applicable)
|
1.0
|
|
Depth to bedrock
|
0.5
|
|
Historic preservation
|
3.0
|
E.
The third step is to multiply the developable land area by the base
density applicable to the site's zoning district.
F.
The above calculations determine the number of building lots.
[Ord. No. 26-2016]
A.
Findings. It is hereby found that the removal of vegetative cover,
soil disturbance and construction of buildings and structures in areas
of steep slopes within the Township increase surface water runoff;
soil erosion and sedimentation, siltation, when directly adjacent
to stream corridors, with resultant pollution of streams as well as
the potential danger of flooding and chemical contamination of water,
thereby increasing the potential for endangering public and private
property and life. It is also found that this condition is aggravated
by soil disturbance, construction and development on these slopes,
which creates an additional hazard to the lives and property of those
dwelling on and below them, and that the most appropriate method of
alleviating such conditions is through the regulation of construction
and development leading to such vegetation and soil disturbances.
It is, therefore, determined that the special and paramount public
interest in these slopes justifies the regulation of property located
thereon as provided in this article, which is the exercise of the
police power of the Township for protection of persons and the property
of its inhabitants and for the preservation of the public health,
safety and general welfare. Every effort shall be made to minimize
construction upon areas with environmental constraints as defined
herein.
B.
Area requirements for newly created individual lots.
(1)
Maximum allowable disturbance factor (MAD) for individual lots
within a subdivision or site plan. No subdivision, site plan or building
permit for any zone shall be approved if the total area of lot disturbance
exceeds the following standards:
|
Table Two
| ||
|---|---|---|
|
Maximum Allowable Disturbance
(to be calculated in square feet)
| ||
|
Lot Areas
(square feet)
|
Single-Family
|
Multiple-family, Townhouse, Condos and Nonresidential
|
|
Up to 1/2 acre or 21,780
|
85% of lot
|
85%
|
|
21,781 to 43,560
|
18,500 plus 45%
|
18,500 plus 75%
|
|
43,561 to 87,120
|
28,300 plus 25%
|
34,850 plus 70%
|
|
87,121 to 130,690
|
39,200 plus 11%
|
65,340 plus 60%
|
|
130,691 to 217,800
|
44,000 plus 7%
|
91,483 plus 57%
|
|
217,801 or greater
|
50,100 plus 4%
|
141,570 plus 55%
|
(2)
Specified areas for individual lots will be determined by calculating
the area to be disturbed on the various categories of slope, its adjacency
to water (if any portion of the site contains or if any portion of
the site is surrounded by water) and by applying the appropriate adjustment
factor indicated in Table Three.
(3)
Required calculations. No soil or vegetation shall be disturbed
nor shall any building or structure be erected, constructed or substantially
enlarged unless and until it can be demonstrated by information, plans
and studies furnished by the applicant that the following calculations
have been completed:
(a)
Step one: Calculate the area of lot disturbance.
(b)
Step two: Determine the slope areas to be disturbed.
(c)
Step three: Apply the adjustment factor (Table Three).
(d)
Step four: Calculate the total adjusted disturbed area.
(e)
Step five: Compare the maximum allowable disturbed area (MAD)
for the given lot size (Table Two).
(f)
Step six: Calculate the required size of lot as per lot area
adjustment formula.
(4)
Lot area adjustment factors based on slope and adjacency to
water. All slope areas are assigned an adjustment factor (AF) to reflect
the increased risk to the public of developing on more steeply sloping
ground. The greater the slope, the larger the required individual
lot. If lands within 75 feet of the high-water line shall be determined
to be adjacent to said stream or water body, the adjustment factor
will be increased to the higher factor in accordance with the following
table:
|
Table Three
| ||
|---|---|---|
|
Schedule of Slope and Adjacency Adjustment Factors (AF)
| ||
|
Slope
(percent)
|
Adjustment Factor
|
Adjacent to Stream or Water Body
|
|
0 to 7.9
|
1.0
|
1.25
|
|
8 to 14.9
|
1.0
|
1.50
|
|
15 to 19.9
|
1.5
|
2.50
|
|
20 to 23.9
|
2.5
|
3.50
|
|
24 and greater
|
3.5
|
4.50
|
(5)
Total adjusted disturbed area (TADA) for a lot shall be computed
by multiplying the square footage of the various slope areas to be
disturbed by the adjustment factor for each slope area or slope area
adjacent to a stream or water body as follows:
Area Disturbed Multiplied by Adjustment
Factor = TADA
If the Total Adjusted Disturbed Area (TADA) is in excess of
the Maximum Allowed Disturbance (MAD, Table Two) allowed by this article,
the applicant must either increase the size of the individual lot
or investigate the flexible design option or alternative lot grading
concepts, including the use of retaining walls, innovative building
types which related to slope conditions, or the relocation of the
proposed use within the site to avoid disturbance of steeply sloping
lands. No subdivision or site plan may be approved unless the applicant
can demonstrate compliance with this article.
(6)
Lot area adjustment for subdivisions.
(a)
If a larger area of total disturbance than that which is allowed
in the schedule is calculated, lot size must be increased to compensate
for the additional grading. Lot sizes will be calculated as follows:
The adjusted disturbed area times the minimum lot size for that zone,
divided by the maximum allowable disturbance for that particular lot
size will generate the new lot size.
Total Adjusted Disturbed Area x Minimum Lot Size (Area)/Maximum
Allowable Disturbance (MAD) = Required Lot Area
(b)
In no case shall the minimum lot size be less than that required
for the zone district within which the site is located.
C.
Submission of lot grading plans for subdivisions.
(1)
No soil shall be excavated, removed or deposited within a sloped
area except as a result of and in accordance with a site grading plan
approved by the Township Engineer.
(2)
Any proposed disturbance of soil shall be for purposes consistent
with the intent of this article and shall be executed in a manner
that will not cause excessive erosion or other unstable conditions.
(3)
Provision shall be made for the proper disposition of surface
water runoff so that it will not create unstable conditions; appropriate
storm drainage facilities shall be constructed as deemed necessary;
and adequate protective measures shall be provided for downstream
properties.
(4)
Provision shall be made to ensure any structures or protective
measures that proposed slopes may require for the protection of the
public safety, including but not limited to retaining walls, headwalls
and fences.
(5)
Any proposed building or structure or attendant protective measures
will not impede the flow of surface waters through any watercourse
or cause an increase in flood heights or velocities.
(6)
Detailed site grading plans shall show the following information:
(a)
The detailed site grading plan shall be drawn and certified
by a licensed professional engineer, licensed surveyor, landscape
architect or architect at a scale of not less than one inch equals
50 feet for site plans or subdivisions up to 10 units and one inch
equals 100 feet for site plans with over 10 units. Benchmarks shall
be 1929 NGVD or 1988 NAVD.
(b)
The Tax Map sheet, block and lot number, date, graphic scale,
North arrow and the names and addresses of the owner or owners of
the tract, the applicant (if other than the owner) and of the engineer
who prepared the site plan.
(c)
Survey information including all lot line dimensions and public
and private easements and lot area.
(d)
Front, side and rear yard setback dimensions.
(e)
Location of all proposed buildings, dimensions thereof and first
floor elevation.
(f)
Location of all buildings on adjoining lots.
(g)
Existing and proposed contours at a contour interval of two
feet or less.
(h)
The proposed elevations of the levels of any land at the corner
of the foundation of any structure or structures and the levels of
land above and below retaining walls as well as top and bottom of
wall elevations.
(i)
The layout of existing and proposed public streets and public
utilities.
(j)
The location of any existing or approved potable water or sanitary
sewage disposal facilities on or within 100 feet of the lot.
(k)
The location of proposed vehicular facilities, including roads,
drives or parking areas.
(l)
The location of all existing vegetation whether naturally occurring
or planted including trees, shrubs, and ground covers, with type and
size of trees. The location and species of trees over eight inches
or greater in caliper and location of woodlands and mature woodlands
must be specifically indicated.
(m)
The disposition and extent of topsoil to be removed or backfilled.
(n)
The disposition and extent of all other soil to be removed or
backfilled.
(o)
The location, plans and specifications for any proposed retaining
walls, fences or other protective structures.
(p)
A slope map showing existing slope areas per the definition
of "limit of grading" and all calculations necessary to determine
compliance with this section.
(q)
Location of flood hazard areas, wetland transition areas as
determined by the New Jersey Department of Environmental Protection
and Land Use Regulation Program (LURP) file number.
D.
Detention facilities. Detention facilities must be provided as per
municipal and state regulations and approved by Township Engineer.
E.
In addition to satisfying the requirements contained in this section,
the removal or placement of fill (soil operations) as regulated by
this chapter shall also adhere to the following standards:
(1)
Soil operations shall only occur between the hours of 7:00 a.m.
to 5:00 p.m.
(2)
Soil operations shall comply with State Noise Regulations pursuant
to N.J.A.C. 7:29-1 et seq.
(3)
Designated truck routes shall be established to avoid residential
neighborhoods and route preference shall be given to nonresidential
streets when available.
(4)
Soil operations shall adhere to all soil erosion, slope protection
and tree removal requirements as specified within this chapter.
(5)
Soil operations shall comply to MAD and TADA requirements as
specified within this chapter.
[Ord. No. 26-2016]
A.
All trees 8 inches in caliper or greater within and 20 feet beyond
the limit of disturbance shall be indicated on the required site plan.
Every effort shall be made to provide a layout to avoid any disturbance
within the trees' driplines. An estimate of all trees eight inches
or greater in caliper on the entire site shall be submitted. If, in
the opinion of the approving authority, the estimate is not a reasonable
projection of actual field conditions, a precise count shall be required.
The elimination of any deciduous or coniferous tree of this caliper
shall be replaced on site in accordance with the following replacement
schedule:
B.
Replacement deciduous trees shall be at least three inch caliper,
the species of which is either identical to the deciduous tree being
removed or is otherwise referred to in the United States Soils Conservation
Service as compatible with the soil type. So as to maintain planting
diversity no more than 50% of deciduous trees to be removed may be
replaced by coniferous trees unless approved by the Parks and Recreation
Department of the Township. Coniferous trees shall be replaced by
a similar coniferous tree at least eight feet in height at the time
of planting.
C.
In order to implement the purposes of this article as expressed in § 134-91.1, particularly with respect to maintaining the biodiversity of the Township, in the event that a lot is fully wooded and/or tree replacement cannot be reasonably accommodated upon the property to be developed the number of trees required shall be determined by the municipal agency by the ability of the land to accommodate said trees. If sufficient space is not available on the lot on which the development is proposed, the municipal agency may require the applicant to plant the replacement trees on other lands owned by the applicant within the Township of Wayne, on municipal parklands, within the public shade tree easement or any combination thereof. The municipal agency may in lieu of planting require a tree replacement fee sufficient to cover the cost of each replacement tree including cost of planting. Said fee shall be deposited with the Township in an account to be established by the Chief Financial Officer to be utilized by the Township for the sole purpose of planting replacement trees in accordance with the provisions of this article.
A.
The rules, regulations and standards contained in this article shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. The municipal
agency, when acting upon applications properly before it, shall have
the power to grant such waiver from the requirements of this article.
In the case of a waiver request connected with a building permit(s)
not part of a subdivision or site plan application, the Planning Board
shall hear and determine whether such relief is appropriate.
B.
Any action taken by the municipal agency under the terms of this
article shall give primary consideration to the above-mentioned matters
and to the welfare of the entire community. However, if the developer
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
these regulations is impracticable or will exact undue hardship, the
municipal agency may permit such variations or modifications as may
be reasonable and within the general purpose and intent of the rules,
regulations and standards established by this article. If such exception
is granted, it shall be done by resolution of the municipal agency,
which resolution sets forth the reasons for the exception in the particular
case and demonstrates that the exception will not have an adverse
effect on surrounding properties, the neighborhood or the Township
in general.
For the purpose of administering and enforcing this article,
any duly authorized officer, agent or employee of the Township of
Wayne shall have the right to enter into and upon any lands in or
upon which environmental disturbance in violation of this article
is observed or alleged or tree removal operations are being conducted
to examine and inspect such land.
The Township Engineer shall be the enforcing agent for the provisions
contained in this article. Violations of any of the provisions contained
in this article shall be punishable by a fine of not less than $250
nor more than $2,000 per violation of this article.
A.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least four inches of spread cover to all seeding
and planting areas of the subdivision and shall be stabilized by seeding
or planting.
B.
All seeded areas shall be mulched and stabilized in accordance with
Township specifications.
C.
In the event that the quantity of topsoil at the site is insufficient
to at least provide four inches of cover for all seeding and planting
areas, the developer shall provide and distribute a sufficient quantity
of topsoil to provide such a cover. Topsoil so provided shall meet
the following specifications:
|
Physical Limits, Percent by Weight
| ||
|---|---|---|
|
Quantity
|
Size Fraction
|
Diameter
|
|
None
|
Gravel
|
Larger than 1 inch
|
|
Less than 3%
|
Gravel
|
1/4 to 1 inch
|
|
Less than 10%
|
Gravel
|
2 millimeters to 1/4 inch
|
|
40% to 60%
|
Sand
|
.05 millimeter to 2 millimeters
|
|
25% to 50%
|
Silt
|
.002 millimeter to .05 millimeter
|
|
Less than 20%
|
Clay
|
Less than .002 millimeter
|
|
Chemical Limits
| ||
|
Organic matter
|
(Wet digestion method):
| |
|
Sandy loam
|
1.5% to 20%
| |
|
Loam or silt loam
|
3.0% to 20%
| |
|
Soil reaction (pH)
|
4.5 to 7.0
| |
|
Salt concentration
|
1:2 soil-water ratio
|
Less than 50
|
[Ord. No. 26-2016]
A.
Applicability. Each subdivision, site plan, planned development permit
or soil removal application shall submit a soil erosion and sediment
control plan. When deemed appropriate by the reviewing agency, a soil
erosion plan shall be submitted with a building or grading permit.
All permits with 5,000 square feet or more of total proposed disturbance
are required to have a Soil Erosion Control Plan approval by HEPSCD
(Hudson Essex Passaic Soil Conservation District).
B.
Exemptions. The following activities are specifically exempt from
this article:
(1)
Minor subdivisions, except that for minor subdivisions the Board
shall require as a condition of approval that a soil erosion and sediment
control plan be submitted in conjunction with site plan at the time
a building permit is applied for.
(2)
Agricultural use of lands when operated in accordance with a
farm conservation plan approved by the Hudson-Essex-Passaic Soil Conservation
District (HEPSCD) or when it is determined by the HEPSCD that such
use will not cause excessive erosion and sedimentation.
Each soil erosion and sediment control plan shall contain the
following:
A.
Location and description of existing natural and man-made features
on and surrounding the site, including general topography and soil
characteristics and a copy of the Soil Conservation District's soil
survey, where available.
B.
Location and description of proposed changes to the site.
C.
Soil erosion and sediment control measures shall comply with the
standards for soil erosion and sediment control. Such standards shall
be on file at the offices of the HEPSCD and the Township.
D.
A schedule of the sequence of installation of planned erosion and
sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
[Ord. No. 26-2016]
A.
Control measures shall apply to all aspects of the proposed site
development involving land disturbance and shall be in operation during
all stages of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
(1)
Any proposed soil disturbance shall be the minimum necessary
consistent with the proper development of the site and shall be done
in a manner which will minimize erosion and sedimentation damage and
other adverse consequences. A soil export or mining operating shall
not disturb more than five acres at a time, prior to permanent grading
and restoration.
(2)
Physical characteristics of the remaining soil shall be adapted
for uses to which the land may lawfully be put.
(3)
Wherever feasible, natural vegetation shall be retained and
protected.
(4)
The extent of the disturbed area and the duration of its exposure
shall be kept within a maximum of five acres and time limits.
(5)
Either temporary seeding, mulching or other suitable stabilization
measures in accordance with the Soil Erosion and Sediment Control
Act shall be used to protect exposed critical areas during soil disturbance.
(6)
Drainage provisions shall accommodate any increased water runoff
resulting from modified soil and surface conditions during and after
the soil disturbance.
(7)
Water runoff shall be minimized and retained on-site wherever
possible to facilitate groundwater recharge and to mitigate possible
downstream damage.
(8)
Excavation shall not be permitted within two feet of the seasonal
high water table as determined by a geotechnical study of the site.
(9)
Sediment shall be retained onsite to the maximum extent feasible.
Soil erosion controls such as silt fencing and wheel cleaning blankets
shall be used as necessary.
(10)
Necessary diversions and sedimentation basins and similar required
preventive measures shall be installed prior to any on-site soil disturbance.
(11)
Compliance with the specifications contained in Standards for
Soil Erosion and Sediment Control in New Jersey and certification
of the HEPSCD prior to actual soil disturbance shall be required.
(12)
Dust and mud on the premises in question, as well as on abutting
lands, shall be prevented or controlled.
(13)
Soil fertility and the resulting ability of the disturbed area
to support plant and tree growth shall be preserved by the preservation
of adequate topsoil.
(14)
Necessary lateral support and grades of abutting lands, structures
and other improvements shall be maintained.
(15)
Pits and declivities which are hazardous or which provide insect-breeding
locations shall be prohibited.
(16)
The manner of disturbance and/or transportation of removed soil
will not adversely affect the public health, safety and general environmental
welfare of the Township. The applicant for a soil import or soil export
or mining operation shall post a performance guarantee, in an amount
determined by the Township Engineer, for final site grading and restoration,
cleaning and sweeping of Township roads, repair or repaving of Township
roads impacted by soil hauling vehicles traveling to and from the
site and other similar impacts on the community.
B.
The developer may consult with the HEPSCD in the development of the
plan and the selection of appropriate erosion and sediment control
measures.
C.
The developer shall bear the final responsibility for the installation
and construction of all required soil erosion and sediment control
measures according to the provisions of the article, except as may
be exempted.
Before any permit shall be granted by the Construction Code
Official or work performed, the developer shall file with the Township
Clerk a performance guarantee, approved by the Township Attorney and
with surety, in an amount in accordance with the recommendation of
the Township Engineer, which amount shall be sufficient to ensure
the faithful performance of the work to be undertaken as approved.
In the case of a development requiring preliminary site plan approval,
said performance guarantee shall be submitted as part of the final
site plan application.
All necessary soil erosion and sediment control measures installed
under this article shall be adequately maintained for one year after
completion of the approved plan or until such measures are permanently
stabilized as determined by the Township Engineer. The Township Engineer
shall give the developer, upon request, a certificate indicating the
date on which the measures called for in the approved plan were completed.
If the Township Engineer finds existing conditions not as stated
in the applicant's erosion and sediment control plan, he shall refuse
to approve further work and shall require necessary erosion and sedimentation
control measures to be promptly installed. The applicant, shall, at
all times during construction, have the certified plan on-site.
[Amended 6-19-2013 by Ord. No. 22-2013]
The unregulated and uncontrolled relocation, filling, excavation
and removal of soil on a large scale has resulted in conditions detrimental
to the public safety, health and general welfare.
[Amended 6-19-2013 by Ord. No. 22-2013]
A.
Soil removal or soil mining operations in excess of 1,000 cubic yards
shall require a soil mining permit from the Township Planning Board.
B.
Exceptions. These provisions shall not apply to removal of soil associated
with excavation required for the construction of a building on a lot
in accordance with building permits to be issued by the Construction
Code Official in accordance with an Approved Site Plan.
[Amended 6-19-2013 by Ord. No. 22-2013]
The application for a Soil Mining Permit shall be accompanied
by the following:
A.
Name of the developer.
B.
Address and telephone number of the developer.
C.
Block and lot number(s) of premises upon which excavation or removal
is to take place.
D.
Name of the developer's business agent and the agent's telephone
number.
E.
Name and address of the engineer retained by the developer in the
preparation of the required maps and surveys and the engineer's telephone
number.
F.
Statement of reason for request for soil removal permit.
G.
Date excavation is to commence and length of time required to complete
excavation.
H.
Estimated number of cubic yards to be removed.
I.
The relationship of the developer to the owner of the land in question,
if he is not the owner.
J.
If known, the name and address of the excavator, contractor or the
person having express charge, supervision and control of the proposed
excavation work.
K.
Signature of the owner.
L.
A map of the premises showing the existing contour lines and grades
and the proposed contour lines and grades resulting from the intended
removal of soil in relation to the topography of the premises. Said
map shall also indicate the depth of the soil where the operation
involves the removal of rock formations covered with soil.
[Amended 6-19-2013 by Ord. No. 22-2013; Ord. No. 20-2015 § 14]
A.
The Township Planning Board shall not consider granting a permit
for the removal of soil for sale or use on or off the premises from
which the soil shall be taken unless and until the owner of the premises
files a written application for such permit with the Township Planning
Department, upon forms supplied by that Department.
B.
The proposed contour lines and grades, as shown on the map referred to in § 134-95.3 of this article, shall be subject to inspection, as directed by the Township Engineer. A permit for soil removal shall not be issued until the map showing the proposed contour lines and grades has been so approved following a public hearing as hereinafter set forth.
[Amended 6-19-2013 by Ord. No. 22-2013]
The Township Planning Board, in considering and reviewing the
application and in arriving at its decision, shall be guided by and
take into consideration the public health, safety and general welfare,
and particular consideration shall be given to the following factors:
A.
Soil erosion by water and wind.
B.
Drainage and the effect of flooding upon the premises in question.
C.
Soil fertility.
D.
Lateral support slope and grades of abutting streets and lands.
E.
Land values and uses.
F.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
G.
Whether the proposed work will create a nuisance or be a detriment
to the public health, safety or general welfare of the Township or
its citizens.
H.
Whether the property can be developed for its zoned use without the
proposed soil removal.
I.
Whether the proposed work will create a hazard.
J.
The preservation of existing watercourses.
K.
The creation of sharp declivities, pits or depressions.
L.
Whether the proposed removal of soil is incidental to the development
of the property or constitutes primarily a commercial activity.
[Amended 6-19-2013 by Ord. No. 22-2013]
After all persons are given an opportunity to be heard at the
public hearing, the Soil Mining Permit shall be granted if the Township
Planning Board shall be of the opinion that the proposed soil removal:
A.
Will not create conditions detrimental to the public health, welfare
and safety.
B.
Will not result in the creation of any sharp declivities, pits or
depressions, soil erosion or fertility problems or decrease of land
values.
C.
Will not create any drainage or sewerage problems or hazardous conditions.
D.
Will not remove a quantity of soil more than that which is reasonably
required to develop the premises in question for the zoned use.
E.
Will not exceed the amount necessary for the development and normal
grading of the lands in question.
[Amended 6-19-2013 by Ord. No. 22-2013]
If a permit is issued, the permittee shall conduct the removal
of soil subject to the following terms and conditions:
A.
The permittee shall agree, in writing, to properly level off, remove
debris from and grade the involved premises to the contour lines and
grades approved by the Township Council.
B.
All operations shall be conducted only between the hours of 7:00
a.m. and 5:00 p.m. on weekdays Monday through Friday; provided, however,
that no trucks shall be permitted at the site of the operation prior
to 6:45 a.m. It shall be unlawful to conduct moving, grading or excavating
operations at any other times than specified herein or on any legal
holiday.
C.
The transportation of soil shall be restricted to street routes established
by the Planning Board. Determination by the Board of the street routes
to be used shall be based upon factors which contribute to the best
interests of the health, safety and welfare of the residents of the
Township.
D.
To prevent air pollution by large quantities of dust and dirt, all
reasonable means shall be employed by the permittee or the person
in charge of the soil removal, grading or excavating operation. Such
reasonable means may include but are not necessarily limited to spraying
water or other dampening agents on the surface of the ground.
E.
On or before the fifth of each month, there shall be filed with the
Township Planning Department a certification by a Professional Engineer
as to the volume of soil removed during the previous month. The violation
of this provision shall automatically revoke the permit.
Prior to commencement of operations, a permit fee shall be paid pursuant to § 134-10 of this chapter. The calculation of the number of cubic yards of soil to be removed shall be based upon the map filed with the application and shall be certified thereon.
A.
Before any permit shall be granted, the developer shall file with
the Township Clerk a performance guarantee, approved as to form by
the Township Attorney and with surety, in an amount in accordance
with the recommendation of the Township Engineer, which amount shall
be sufficient to ensure the faithful performance of the work to be
undertaken as approved.
B.
In the event that said performance guarantee is not furnished or
the permit fee is not paid within 30 days after the Township Planning
Board resolution authorizing the issuance of the permit, the approval
shall be deemed to be revoked.
[Amended 6-19-2013 by Ord. No. 22-2013]
[Amended 6-19-2013 by Ord. No. 22-2013]
When a permit has been duly granted under this article, the
owner of the premises or the developer in charge of the removal of
the soil shall not take away or suffer the removal of the top layer
of arable soil for a depth of 6 inches. Such top layer of arable soil
to a depth of 6 inches shall be set aside for retention on the premises
and shall be re-spread over the premises when the rest of the soil
has been removed, pursuant to the levels and contour lines approved
by the permit.
No excavation shall be made and no soil shall be removed under
this article unless a permit therefor shall have first been obtained
as provided herein, and no excavation shall be made and no soil shall
be removed except in conformity with the provisions of this article.
[Amended 6-19-2013 by Ord. No. 22-2013]
In the event that, in the opinion of the Township Engineer, the project or any part thereof has been abandoned, is unnecessarily delayed or cannot be completed at the rate of progress or within the time specified in the Soil Mining Permit, or there is a violation of § 134-95.13 or any specific terms of the Soil Mining Permit then the Township Engineer may so certify in writing to the Planning Board and may, after a hearing held on 7 days' notice, declare a default and notify the developer having an interest in or in charge of the project to discontinue the project. The Planning Board may, at its option, revoke the soil removal permit or call upon the surety to complete the project.
A.
Where soil removal is permitted, no person, owner, developer or excavator
shall deposit soil upon, fill in or raise the grade of any lot without
first making provisions for:
(1)
The use in said work of soil or such other materials as will
not result in deviation from the proposed final grades or the uniformity
thereof by reason of shrinkage or settlement.
(2)
The collection and storage upon the lot of the original topsoil
to the end that said topsoil shall not be buried beneath soil or other
material of inferior quality and the uniform replacement of the topsoil
so stored over the entire area or surface of the fill soil or other
material so that the final grade or grades of said replaced topsoil
shall be in accordance with the proposed final grades shown on the
topographical map. In the event that the requirement of the previous
sentence is not practicable, provision shall be made for the uniform
placement over the entire area or surface of the fill soil or other
material, except such portions thereof as shall be or shall have become
permanently covered by a building or structure, street, pavement,
curb, sidewalk, driveway or other paved area or by any body of water
or waterway, of a layer of topsoil not inferior in quality to that
of the original topsoil, to a depth of not less than 6 inches, measured
from the proposed final grades as shown on the topographical map.
(3)
The preservation of existing watercourses in accordance with
the plans on file.
(4)
The planting of shrubbery and trees as may be directed by the
Soil Mining Permit. All seeded areas shall be mulched and stabilized
in accordance with the Soil Mining Permit.
[Amended 6-19-2013 by Ord. No. 22-2013]
B.
At no time will excavations be permitted to go below the final grade
as established by the submission.
For the purpose of administering and enforcing this article,
any duly authorized officer, agent or employee of the Township of
Wayne shall have the right to enter into and upon any lands in or
upon which soil moving operations are being conducted to examine and
inspect such land.
[Amended 6-19-2013 by Ord. No. 22-2013]
The purpose of this section is to provide for reasonable control
of development within critical environmental areas of the Township
in order to minimize the adverse impacts caused by the development
of such areas, including, but not limited to, erosion, siltation,
flooding, surface water runoff, and pollution of potable water supplies
from point and nonpoint sources.
[Ord. No. 26-2016]
All applications for a building permit or development applications
in any zone where the total improvement footprint is 500 or more square
feet, shall submit a site grading plan.
[Ord. No. 26-2016]
All site grading plans shall include the following:
A.
The detailed site grading plan shall be drawn and certified by a
licensed professional engineer, land surveyor, landscape architect
or architect at a scale of not less than one inch equals 50 feet for
site plans or subdivisions up to 10 units, and one inch equals 100
feet for subdivisions or site plans with more than 10 units. Benchmarks
shall be 1929 NGVD or 1988 NAVD.
B.
The tax map sheet, block and lot number, date, graphic scale, north
arrow, and the names and addresses of owner or owners of the tract,
the applicant (if other than the owner) and the professional who prepared
the site plan.
C.
Survey information including all lot dimensions, and public and private
easements, and lot area.
D.
Front, side and rear yard setback dimensions.
E.
Location of all proposed buildings and building additions dimensions
thereof, and first floor elevation.
F.
Location of all buildings on adjoining lots.
G.
Topographic maps showing existing and proposed contours, including
the limit of grading, at a contour interval of two feet or less.
H.
The proposed elevations of any land at the corner of the foundation
of any structure or structures and the elevations of land above and
below retaining walls as well as the elevations of the top and bottom
of such walls.
I.
The layout of existing and proposed public streets and public utilities.
J.
The location of any existing or approved potable water or sanitary
sewage disposal facilities on or within 100 feet of the lot.
K.
All existing and proposed utility and drainage structures and features
including:
L.
The location of proposed vehicular facilities including roads, drives
or parking areas.
M.
The location of all existing vegetation, whether naturally occurring
or planted, including trees, shrubs, and ground covers with type and
size of trees and shrubs. The location and species of individual trees
of eight inches or greater in caliper, and the location of woodlands
and mature woodlands shall be specifically indicated.
N.
Location of stream corridors, ponds, lakes and other surface water
bodies.
O.
Location of all areas with shallow depth to seasonal high water (<=1
foot) and areas with shallow depth to bedrock (<=3 feet).
P.
The disposition and extent of top soil or any other soil to be removed
or backfilled.
Q.
The location, plans and specifications for any proposed retaining
walls, fences or other protective structures.
R.
All disturbance area calculations necessary to determine compliance
with this section.
S.
Location of flood hazard areas, wetlands and transition areas as
determined by the New Jersey Department of Environmental Protection.
T.
Limit of Disturbance (LOD) line shall be shown on the plan and shall
include all areas of proposed disturbance.
U.
Maximum Allowable Disturbance and Total Adjusted Disturbance Area
calculations.
[Ord. No. 26-2016]
A.
Any proposed disturbance of soil shall be executed in a manner that
will not cause excessive erosion or other unstable conditions.
B.
Any grading plan must protect standing trees from machine operation,
soil storage or material storage by distance or proper barrier. The
protection zone of any trees of 18 inch in caliper or larger designated
to be preserved should include an area 10 to 15 feet wider than the
edge of the tree canopy to protect the trees' feeder roots.
C.
Provision shall be made to ensure the construction of any structures
or other protective measures for steep slopes, including but not limited
to retaining walls, headwalls and fences.
D.
Maximum allowable site disturbance. No grading plan shall be approved
if the total area of lot disturbance or the total adjusted disturbance
area for individual lots within the subdivision or site plan exceeds
the Maximum Allowable Disturbance standards provided in Table VI-1.
|
Table VI-1
| ||
|---|---|---|
|
Maximum Allowable Disturbance Standards
| ||
|
Lot Area (In square feet)
|
Single Family
|
Multiple Family, Townhouse, Condominium & Nonresidential
|
|
< 21,780
|
85% of lot
|
85% of lot
|
|
21,781 - 43,560
|
18,500 sq. ft. plus 45% of area >21,780
|
18,500 sq. ft. plus 75% of area >21,780
|
|
43,561 - 87,120
|
28,300 sq. ft. plus 25% of area >43,561
|
34,500 sq. ft. plus 70% of area >43,561
|
|
87,121 - 130,680
|
39,200 sq. ft. plus 11% of area >87,121
|
65,340 sq. ft. plus 60% of area >87,121
|
|
130,681 - 217,800
|
44,000 sq. ft. plus 7% of area >130,691
|
91,483 sq. ft. plus 57% of area >130,691
|
|
217,801 or larger
|
50,100 sq. ft. plus 4% of area >217,801
|
141,570 sq. ft. plus 55% of area >217,801
|
E.
(Not used)
F.
Required calculations. No soil or vegetation shall be disturbed nor
shall any building or structure be erected, constructed or substantially
enlarged for any application subject to this section unless and until
it can be demonstrated by the applicant that the following applicable
calculations have been completed.
|
Step 1:
|
Determine the Area of Lot Disturbance based on the site grading
plan and site plan.
|
|
Step 2:
|
Calculate the Total Adjusted Disturbance Area by multiplying
the area of lot disturbance by the adjustment factor in Table VI-2
which reflects the appropriate steepness of slope and adjacency to
a surface water body.
|
|
Step 3:
|
Compare the Maximum Allowable Disturbance, as provided in Table
VI-1 (above), to the Total Adjusted Disturbance Area.
|
|
Step 4:
|
If the Total Adjusted Disturbance Area is greater than the Maximum
Allowable Disturbance, the applicant must increase lot size or revise
the site plan, site grading plan, or building plan in order to bring
the Total Adjusted Disturbance Area into compliance with the Maximum
Allowable Disturbance.
|
G.
Lot Area Adjustment Factors Based on Slope and Adjacency to Water.
(1)
All land areas containing steep slopes and adjacent to a stream
or other surface water body is assigned an Adjustment Factor to reflect
the increased environmental impact and risk to the public health,
safety, and welfare of developing on steeply sloping ground adjacent
to surface water bodies.
(2)
No disturbance of land with a slope of thirty (30) percent or
greater shall be allowed.
(3)
The Adjustment Factors are contained in Table VI-2.
|
Table VI-2
| ||
|---|---|---|
|
Slope And Adjacency To Water Adjustment Factors
| ||
|
Slope
|
Adjustment Factor if > 75' from Surface Water Body Or Top of
Bank
|
Adjustment Factor if within 75' of Surface Water Or Top of Bank
|
|
0-7.9 percent
|
1
|
1.25
|
|
8 - 14.9
|
1
|
1.5
|
|
15 - 19.9
|
1.5
|
2.5
|
|
20 - 23.9
|
2.5
|
3.5
|
|
24 or greater
|
3.5
|
4.5
|
[Ord. No. 26-2016]
A.
The following applications are exempt from the requirements of this
section:
B.
Disturbance in excess of the above amounts may only be permitted
where it can be shown to the satisfaction of the applicable Board
that:
(1)
Provision is made for the proper disposition of surface water
runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities are constructed as deemed necessary and
adequate protective measures are provided for downstream properties.
(2)
Provision is made for any structures or protective measures
that may be required for the protection of the public safety including
but not limited to retaining walls, headwalls and fences.
(3)
Proper facilities are provided for a safe water supply and for
the disposal of sanitary sewage as approved by the Wayne Township
Board of Health.
(4)
Any proposed building or structure or attendant protective measures
does not impede the flow of surface waters through any stream corridor
or cause an increase in flood heights or velocities.
(5)
Any proposed vehicular facilities including roads, drives or
parking areas are designed so that any land disturbance does not cause
excessive erosion. Both vertical and horizontal alignment of vehicular
facilities are designed so that hazardous circulation conditions will
not be created.
(6)
Steep slope areas, where possible, are avoided through the use
of cluster subdivision or alternative placement of structures or vehicular
facilities.
(7)
Proposed finished grades do not exceed 3:1.
[Amended in entirety 7-19-2023 by Ord. No. 29-2023. Prior history includes Ord. No. 10-2020.]
(1)
Title. 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 Wayne Township
(hereinafter "these regulations").
(2)
Scope. 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 134-97.1B of these regulations.
(3)
Purposes and objectives. 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:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public
service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels
and shorelines;
(d)
Manage filling, grading, dredging and other development which
may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which
will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use
and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with
flooding.
(j)
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 Code of Federal
Regulations, Section 59.22.
(4)
Coordination with Building Codes. Pursuant to the requirement
established in N.J.A.C. 5:23, the Uniform Construction Code, that
the Wayne Township administer and enforce the State building codes,
the Wayne Township Council of Wayne 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.
(5)
Ordinary Building Maintenance and Minor Work. 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 134-97.1C(14) of this chapter.
(6)
Warning. 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.
(7)
Other laws. The provisions of these regulations shall not be
deemed to nullify any provisions of local, State, or Federal law.
(8)
Violations and Penalties for Noncompliance. No structure or
land shall hereafter be constructed, re-located to, extended, converted,
or altered without full compliance with the terms of this chapter
and other applicable regulations. Violation of the provisions of this
chapter by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection
with conditions) shall constitute a violation under N.J.S.A. 40:49-5.
Any person who violates this chapter 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 an ordinance 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 30 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 30 day period, a fine greater than $1,250
may be imposed if the court has not determined otherwise, or if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance
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 ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
(a)
Solid Waste Disposal in a Flood Hazard Area. Any person who
has unlawfully disposed of solid waste in a floodway or floodplain
who fails to comply with this chapter 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.
(9)
Abrogation and greater restrictions. 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.
(1)
General. 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.
(2)
Establishment of Flood Hazard Areas. The Wayne Township was
accepted for participation in the National Flood Insurance Program
on February 16, 1972.
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 Wayne
Engineering Office at 475 Valley Road, Wayne New Jersey 07470.
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the Best Available Flood Hazard
Data Area:
(a)
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
Passaic County, New Jersey (All jurisdictions)" dated April 17, 2020
and the accompanying Flood Insurance Rate Maps (FIRM) identified in
Table 134-97.1B(2) a whose effective date is April 17, 2020 are hereby
adopted by reference.
|
Table 134-97.1B(2)(a)
| |||||
|---|---|---|---|---|---|
|
Map Panel #
|
Effective Date
|
Suffix
|
Map Panel #
|
Effective Date
|
Suffix
|
|
34031C0144
|
4/17/2020
|
G
|
34031C0202
|
4/17/2020
|
G
|
|
34031C0181
|
4/17/2020
|
G
|
34031C0203
|
4/17/2020
|
G
|
|
34031C0182
|
4/17/2020
|
G
|
34031C0204
|
4/17/2020
|
G
|
|
34031C0183
|
4/17/2020
|
G
|
34031C0211
|
4/17/2020
|
G
|
|
34031C0184
|
4/17/2020
|
G
|
34031C0212
|
4/17/2020
|
G
|
|
34031C0191
|
4/17/2020
|
G
|
34031C0213
|
4/17/2020
|
G
|
|
34031C0192
|
4/17/2020
|
G
| |||
|
34031C0194
|
4/17/2020
|
G
| |||
|
34031C0201
|
4/17/2020
|
G
| |||
(b)
Federal Best Available Information. Wayne 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 this chapter must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 134-97.1B(2)(b)
| |||
|---|---|---|---|
|
Map Panel #
|
Preliminary Date
|
Map Panel #
|
Preliminary Date
|
|
None as of the date of this chapter
| |||
(c)
Other Best Available Data. Wayne Township shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by Wayne 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 134-97.1B(2) (a) and (b), above. This information shall be used for floodplain regulation purposes only.
(d)
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 134-97.2A, 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 134-97.1B(2)(c) List of State Studied Waters.
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Passaic River
|
AB000039
|
27
|
|
Molly Ann Brook, Glenn Pl Brook, Squaw Brook
|
FA000005
|
3
|
|
Molly Ann Brook, Squaw Brook, Buttermilk Falls, Trib#3, Trib
#4
|
FA000006
|
2
|
|
Passaic River, Peckman River
|
FA000015
|
3
|
|
Passaic River
|
G0000001
|
R-17
|
|
Naachtpunkt Brook
|
G0000002
|
R-16
|
|
Preakness Brook, Naachtpunkt Brook, Singac Brook
|
G0000003
|
R-15
|
|
Passaic River
|
G0000008
|
Q-18
|
|
Singac Brook, Preakness Brook, Passaic River
|
G0000009
|
Q-17
|
|
Singac Brook, Preakness Brook, Passaic River
|
G0000009
|
Q-17
|
|
Preakness Brook, Pompton River
|
G0000010
|
Q-16
|
|
Pacanack Brook, Pompton River
|
G0000011
|
Q-15
|
|
Pacanack Brook
|
G0000012
|
Q-14
|
|
Pacanack Brook
|
G0000013
|
Q-13
|
|
Ramapo River
|
G0000014
|
Q-8
|
|
Passaic River, Deepavaal Brook
|
G0000018
|
P-17
|
|
Passaic River, Pompton River
|
G0000019
|
P-16
|
|
Pacanack Brook, Pompton River
|
G0000020
|
P-15
|
|
Pacanack Brook, Pompton River
|
G0000021
|
P-15
|
|
Pompton River, Beaver Dam Brook
|
G0000022
|
P-14
|
|
Pompton River
|
G0000023
|
P-13
|
|
Pompton River
|
G0000024
|
P-12
|
|
Pequannock River, Pompton River, Ramapo River
|
G0000025
|
P-11
|
|
Ramapo River
|
G0000026
|
P-10
|
|
Acid Brook, Ramapo River
|
G0000027
|
P-9
|
|
Acid Brook, Ramapo River
|
G0000028
|
P-8
|
|
Beaver Dam Brook
|
G0000034
|
O-14
|
|
Singac Brook, Preakness Brook
|
G0000058
|
91
|
|
Singac Brook, Preakness Brook
|
G0000059
|
83
|
|
Singac Brook, Preakness Brook
|
G0000060
|
68
|
|
Singac Brook, Preakness Brook
|
G0000061
|
75
|
|
Singac Brook, Preakness Brook
|
G0000062
|
99
|
|
Singac Brook, Preakness Brook
|
G0000063
|
98
|
|
Singac Brook, Preakness Brook
|
G0000064
|
54
|
|
Singac Brook, Preakness Brook
|
G0000065
|
47
|
|
Singac Brook, Preakness Brook
|
G0000066
|
61
|
|
Passaic River
|
G0000067
|
R-18
|
|
Passaic River
|
AB000061p
|
61P
|
|
Passaic River
|
AB000062p
|
62P
|
|
Glenn Place Brook
|
FA000096p
|
26P
|
|
Passaic River
|
G0000056p
|
PR-1, DVBL-1
|
|
Pompton River
|
G0000057p
|
ED-1
|
|
Pequannock River
|
G0000110p
|
02PR
|
|
Pompton River
|
G0000111p
|
01PR
|
|
Naachpunkt Brook
|
G0000116p
|
10P
|
|
Preakness Brook
|
G0000117p
|
09P
|
|
Preakness Brook
|
G0000118p
|
08P
|
|
Preakness Brook
|
G0000119p
|
07PR
|
|
Ramapo River
|
G0000120p
|
06PR
|
|
Pequannock River
|
G0000121p
|
05PR
|
|
Pompton River
|
G0000122p
|
04PR
|
|
Pompton River
|
G0000123p
|
03PR
|
(3)
Establishing the Local Design Flood Elevation (LDFE).
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 134-97.1B(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 this chapter.
At a minimum, the Local Design Flood Elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 134-97.1B(2), above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any undelineated watercourse (where mapping or studies described
in 134-97.1B(2) (a) and (b) 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:
[1]
A copy of an unexpired NJDEP Flood Hazard Area
Verification plus one foot of freeboard and any additional freeboard
as required by ASCE 24; or
[2]
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 and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section 134-97.1E(2) to (3).
(c)
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.
(d)
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.
(e)
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.
(1)
Floodplain Administrator Designation. The Director of Public
Works is designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
(2)
General. 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 Section 134-97.1G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate
with the Construction Official to administer and enforce the flood
provisions of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 134-97.1B of these regulations.
(b)
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.
(c)
Interpret flood hazard area boundaries and provide available
flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained
or developed.
(e)
Review required certifications and documentation specified by
these regulations and the building code to determine that such certifications
and documentations are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 134-97.1C(14) of these regulations.
(g)
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.
(h)
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 134-97.1G of these regulations.
(i)
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.
(j)
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).
(k)
Inspect development in accordance with Section 134-97.1F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 134-97.1G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate
boundaries of Wayne Township have been modified.
(o)
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 134-97.1B(2).
(5)
Use of changed technical data. 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.
(6)
Other permits. 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.
(7)
Determination of Local Design Flood Elevations. If design flood
elevations are not specified, the Floodplain Administrator is authorized
to require the applicant to:
(a)
Obtain, review, and reasonably utilize data available from a
Federal, State, or other source, or
(b)
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 134-97.1B(2) and 134-97.1B(3) respectively. This information shall be provided to the Construction Official and documented according to Section 134-97.1C(15).
|
(8)
Requirement to submit new technical data. 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.
(9)
Activities in riverine flood hazard areas. 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.
(10)
Floodway encroachment. 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.
(a)
Floodway revisions. 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.
(11)
Watercourse alteration. 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.
(a)
Engineering analysis. 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.
(12)
Alterations in coastal areas. 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.
(13)
Development in riparian zones All development in Riparian Zones
as described in N.J.A.C. 7:13 is prohibited by this chapter 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 this chapter. 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.
(14)
Substantial improvement and substantial damage determinations.
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:
(a)
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.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 134-97.1A(5), performed in the floodplain regulated by this chapter in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
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.
(d)
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.
(e)
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 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.
(15)
Department records. 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.
(16)
Liability. 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.
(1)
Permits Required. 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.
(2)
Application for permit. The applicant shall file an application
in writing on a form furnished by the Floodplain Administrator. Such
application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
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.
(c)
Indicate the use and occupancy for which the proposed development
is intended.
(d)
Be accompanied by a site plan and construction documents as specified in Section 134-97.1E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized agent.
(3)
Validity of permit. 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.
(4)
Expiration. 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.
(5)
Suspension or revocation. 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.
(1)
Information for development in flood hazard areas. 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:
(a)
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.
(b)
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 134-97.1E(2)(c).
(c)
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 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 134-97.1E(2)(c) of these regulations.
(d)
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A zones, new buildings shall be located landward
of the reach of mean high tide.
(e)
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
(f)
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.
(g)
Extent of any proposed alteration of sand dunes.
(h)
Existing and proposed alignment of any proposed alteration of
a watercourse.
(i)
Floodproofing certifications, V Zone and Breakaway Wall Certifications,
Operations and Maintenance Plans, Warning and Evacuation Plans and
other documentation required pursuant to FEMA publications.
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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.
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(2)
Information in flood hazard areas without base flood elevations
(approximate Zone 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:
(a)
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.
(b)
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.
(c)
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.
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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.
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(3)
Analyses and certifications by a Licensed Professional Engineer.
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:
(a)
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 134-97.1E(4) of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
(b)
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.
(c)
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 134-97.1E(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.
(d)
For activities that propose to alter sand dunes in coastal high
hazard areas (Zone V) and Coastal A Zones, an engineering analysis
that demonstrates that the proposed alteration will not increase the
potential for flood damage and documentation of the issuance of a
New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
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).
(4)
Submission of additional data. 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.
(1)
General. 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.
(2)
Inspections of development. 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.
(3)
Buildings and structures. 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.
(a)
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 134-97.8A(2) shall be submitted to the Construction Official on an Elevation Certificate.
(b)
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 134-97.8A(2) shall be submitted to the Construction Official on an Elevation Certificate.
(c)
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 134-97.8A(2).
(d)
Final inspection. Prior to the final inspection, certification of the elevation required in Section 134-97.8A(2) shall be submitted to the Construction Official on an Elevation Certificate.
(4)
Manufactured homes. 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.
(1)
General. The Wayne Township Board of Adjustment shall hear and decide requests for variances. The Wayne Township Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 134-97.1G(5), the conditions of issuance set forth in Section 134-97.1G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Wayne Township 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.
(2)
Historic structures. A variance to the substantial improvement
requirements of this chapter 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 this chapter, and the variance is the minimum necessary,
to preserve the historic character and de sign of the structure.
(3)
Functionally dependent uses. 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.
(4)
Restrictions in floodways. 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 134-97.1E(3)(a) of these regulations.
(5)
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other
lands resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
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.
(f)
The compatibility of the proposed development with existing
and anticipated development.
(g)
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
(h)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(i)
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.
(j)
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.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
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.
(b)
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.
(c)
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.
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(e)
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.
(1)
Violations. 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.
(2)
Authority. 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.
(3)
Unlawful continuance. 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.
(4)
Review Period to Correct Violations. A 30-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 30-day period,
a fine greater than $1,250 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.
(1)
General. 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.
(2)
30 DAY PERIOD
100 YEAR FLOOD ELEVATION
500 YEAR FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 24
ASCE 7
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
(a)
(b)
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OR FLOODING
(a)
[1]
[2]
[3]
(b)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN OR FLOOD PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LAWFULLY EXISTING
(a)
(b)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NON-RESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
RESIDENTIAL
(a)
(b)
(c)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
(a)
(b)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions.
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 this
chapter has been issued.
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.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
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 this chapter, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
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.
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).
Areas subject to inundation by 1-percent-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.
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.
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually sheet flow on sloping terrain) where average depths
are between one and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one percent 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.
See SPECIAL FLOOD HAZARD AREA.
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].
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.
The water surface elevation resulting from a flood that has
a 1-percent 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".
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
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.
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.
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.
Per the FHACA, "Critical Building" means that:
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
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (I.e. mudflows) which are proximately caused by flooding
as defined in paragraph (a)[2] 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.
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 (a)[1] of this definition.
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.
Any land area susceptible to being inundated by water from
any source. See "Flood or flooding."
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.
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.
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.
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.
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.
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.
As related to Section 134-97.1G of this chapter, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Wayne Township Council 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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:
Prior to January 31, 1980; or
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.
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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 this chapter to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
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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.
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 a 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.
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.
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 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.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
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 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.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
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.
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.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or non-transient
basis;
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
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" 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.
The greater of the following: (1) Land in the floodplain
within a community subject to a one percent 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.
The Start of Construction is as follows:
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.
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.
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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.
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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.
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For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
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A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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.
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 the effective date of this chapter.
This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
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.
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 this chapter is presumed
to be in violation until such time as that documentation is provided.
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.
A river, creek, stream, channel, or other topographic feature
in, on, though, or over which water flows at least periodically.
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.
(1)
General. 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:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
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.
(2)
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
(a)
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.
(b)
Residential building lots shall be provided with adequate buildable
area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in
these regulations and appropriate codes shall be met.
(1)
Encroachment in floodways. 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 134-97.1E(3)(a) 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 134-97.1E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 134-97.8A(2) of this chapter and the floodway requirements of N.J.A.C. 7:13.
(2)
Sewer facilities. 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.
(3)
Water facilities. 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.
(4)
Storm drainage. Storm drainage shall be designed to convey the
flow of surface waters to minimize or eliminate damage to persons
or property.
(5)
Streets and sidewalks. Streets and sidewalks shall be designed
to minimize potential for increasing or aggravating flood levels.
(6)
Limitations on placement of fill. 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.
(7)
Hazardous materials. 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.
(1)
General. 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).
(2)
Elevation. 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 134-97.8A(2).
(3)
Foundations. 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.
(4)
Anchoring. 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.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 134-97.8A(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 134-97.8A(2) of these regulations.
Exception. 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 134-97.8A(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).
(1)
Placement prohibited. The placement of recreational vehicles
shall not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. 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.
(3)
Permanent placement. 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 134-97.8A(2). for habitable buildings and Section 134-97.5A(3).
(1)
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.
(1)
General requirements for other development and building work.
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:
(a)
Be located and constructed to minimize flood damage;
(b)
Meet the limitations of Section 134-97.1E(3)(a) of this chapter when located in a regulated floodway;
(c)
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 134-97.1B(3);
(d)
Be constructed of flood damage-resistant materials as described
in ASCE 24 Chapter 5;
(e)
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 134-97.1B(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:
(f)
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of offsite flooding
as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for Habitable Buildings and Structures.
(a)
Construction and Elevation in A Zones not including Coastal
A Zones.
[1]
No portion of a building is located within a V
Zone.
[2]
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.
[3]
All new construction and substantial improvement of any habitable building (as defined in Section 134-97.2A 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 134-97.1B(3), be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
[4]
All new construction and substantial improvements
of non-residential structures shall:
[a]
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 134-97.1B(3), be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
[b]
Together with the attendant utility and sanitary
facilities, be designed so that below the Local Design Flood Elevation,
the structure:
[i]
Meets the requirements of ASCE 24 Chapters 2 and
7; and
[ii]
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.
(b)
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 non-residential and the requirements
of Section 134-97.8A(2)(a)[4][b] 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.
(3)
Garages and accessory storage structures. Garages and accessory
storage structures shall be designed and constructed in accordance
with the Uniform Construction Code.
(4)
Fences. 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 134-97.1E(3)(a) 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 134-97.1G of this chapter.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 134-97.1E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. 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 134-97.1E(3)(a) of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(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 134-97.1E(3)(a) of these regulations.
(1)
Temporary structures. 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.
(2)
Temporary storage. Temporary storage includes storage of goods
and materials for a period of less than 180 days. Stored materials
shall not include hazardous materials.
(3)
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Section 134-97.1E(3)(a) of these regulations.
(1)
Utility and Miscellaneous Group U. 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 sq. ft.), 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.
(2)
Flood loads. 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 134-97.1B(3).
(3)
Elevation. 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 134-97.1B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 134-97.8A(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.
(5)
Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 134-97.1B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. 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 134-97.1B(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 § 1. Elevation provided they conform to the provisions
of NFPA 70 (National Electric Code).
[Added 12-7-2022 by Ord. No. 49-2022]
Permit review and inspection fees for individual residential building permits that require Engineering review for compliance with Environmental Protection regulations shall be as provided in Section 134-10.6.
