[Ord. No. 581 § 13-1]
No earth, rock, gravel or topsoil shall be removed from any lands in any zone, except in the Quarry Zone, without the permission of the Board of Adjustment and the Governing Body, and the sale of earth, rock, gravel or topsoil and the removal thereof shall be deemed the practice of an industrial or quarry use, provided, however, that earth, rock, gravel and topsoil may be moved by the owner or occupant of lands to another part of the same lands owned or occupied by him, and provided further, that the owner or developer of a subdivision or development, the map of which has been approved by the Planning Board and Governing Body, shall not be prohibited by § 14-1 from removing any earth, rock, gravel and topsoil from the right-of-way of a street or road shown on such map in the course of the construction or building of such street or road, and provided further, that in the construction of any building or structure, the owner or builder thereof shall not be prohibited by this section from removing earth, rock, gravel and topsoil coming from the excavations made for such building or structure and which earth, rock, gravel and topsoil the Construction Official deems surplus materials and not necessary for such building or structure or for the lands whereon erected.
Land use on an existing lot or lots, for new structures or extensions,
improvements, or modifications to existing structures, or on lots
created by subdivision, or on lots requiring Site Plan Approval shall
provide for environmental constraints as follows:
Stormwater management and control shall be provided in accordance
with § 12-29 of the Borough Land Development Regulations.
Roof drains on all buildings shall be connected to suitable
dry-wells, or existing storm sewer systems.
Soil erosion prevention shall be observed in accordance with
the standards of the Soil Conservation Service, U.S. Department of
Agriculture.
Provisions shall be made to assure no increase in runoff from
an entire tract as a result of development.
On slopes exceeding 15%, precautions shall be taken to prevent
an increase in runoff from the slope area; specifically, the following
disturbances of the slope ground are not allowed without prior approval
of the appropriate authority:
a.
Removal of trees or natural vegetation;
b.
Removal of topsoil;
c.
Dumping or depositing of earth fill or other materials;
d.
Preparation for construction of any structure;
e.
In any part of a development tract, strip clearing of woodlands,
beyond normal thinning, shall require Prior Approval of the Appropriate
Authority.
[Ord. No. 581 § 13-2; Ord. No. 93-970 § 13-2.6; Ord. No. 2002-1274 § 9; Ord. No. 2006-1423 § 4]
The extent of surface disturbance, regrading and/or stripping
of vegetation on steep slopes on any tract of land which is the subject
of an application for subdivision or site plan approval shall be limited
by the following:
|
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
| ||
|---|---|---|
|
Slope Category
|
Percent of Category
|
Square Feet
|
|
15-24.99%
|
20%
|
1,000
|
|
25-29.99%
|
None
|
500
|
|
30% or greater
|
None
|
250
|
When granting subdivision or site plan approval the Planning
Board (or Board of Adjustment) shall approve the extent of slope disturbance
for each individual lot, as well as the entire tract, according to
these standards.
Environmentally controlled areas may be developed or improved
subject to the following:
Compliance with the applicable provisions of § 14-2 of this Article.
[Ord. No. 581 § 13-3]
Submission of geological data, as defined in Article 1 of this
chapter, if, in the judgment of the appropriate authority, such data
is necessary to evaluate the suitability of use of the Environmentally
Controlled area for the intended development.
[Ord. No. 581 § 13-4.1]
This § 14-4 of the Development Regulations Ordinance of the Borough of Bernardsville may be cited and referred to as the Floodplain and Watercourse Regulations.
[Ord. No. 581 § 13-4.2]
Whereas, Mine Brook, the Passaic River, the North Branch of
the Raritan River and tributaries thereto in the Borough of Bernardsville
are subject to recurrent flooding and recurrently bear loads of debris,
silt and other materials; such flooding and such materials waterborne
or deposited by water endanger life and damage public and private
property and facilities; and these conditions are aggravated by developments
and encroachments in and near the watercourses and floodplains thereof;
and
Whereas, the watercourses provide water supply and singular
recreational opportunities to inhabitants and sustain agriculture,
plant life and wildlife including fish and waterfowl; the watercourses
therefore constitute a unique and valuable part of the environment
of the Borough; and such values are impaired by development and encroachments
in and near said watercourses; and
Whereas, the watercourses rise in compact and generally steep
watersheds in and near the Borough; such situation interlinks and
exaggerates the responses of the watercourses to local climatic and
environmental stresses including developments and encroachments in
and near the watercourses; and such developments and encroachments
carelessly conceived or executed therefore incur disproportionate
hazard to persons, property and water quality therein and downstream
therefrom; and
Whereas, the most appropriate method to alleviate and forestall
the conditions and to secure the values set forth herein is through
regulation of developments and encroachments in and near watercourses.
It is accordingly found and determined that the paramount public
interest in watercourses and floodplains justifies the regulation
of property located within and in the vicinity thereof which is in
the exercise of the police power of the municipality for the protection
of the persons and property of its inhabitants and for the preservation
of the public health, safety and general welfare.
[Ord. No. 581 § 13-4.3; Ord. No. 93-970 § 8]
b.
Flood Map. Floodways, flood hazard areas and riparian yards are hereby
established along all watercourses designated on the map entitled
"Flood Map, Borough of Bernardsville, County of Somerset, State of
New Jersey," dated Nov. 1971, prepared by the Engineering Department
of the Borough of Bernardsville. The Flood Map accompanies this Article
and is hereby declared to be a part hereof.[1]
[1]
Editor's Note: The Flood Map referred to herein can be found
on file in the Borough Offices.
c.
Design Flood Profiles. Design flood profiles given as elevations
above the normal surface levels of certain watercourses are hereby
established for the watercourses as follows:
1.
Mine Brook below the crossing of Seney Drive and above the crossing
of United States Route 202, eight feet.
2.
Mine Brook below the crossing of United States Route 202, eight feet.
3.
Passaic River, seven feet.
4.
North Branch of the Raritan River, nine feet.
5.
Indian Grave Brook below the crossing of Hardscrabble Road approximately
3/4 mile upstream from the mouth of Indian Grave Brook, six feet.
d.
Extent of Floodway. Floodway is hereby established to encompass the
channel of every watercourse designated on the Flood Map and adjacent
portions of floodplain of certain watercourses that are not elevated
above the design flood profile and that are not located more than
a specified distance from the center line of the channel as follows:
1.
Mine Brook below the crossing of Seney Drive and above the crossing
of United States Route 202, 50 feet.
2.
Mine Brook below the crossing of United States Route 202, 100 feet.
3.
Passaic River, 100 feet.
4.
North Branch of Raritan River, 100 feet.
5.
Indian Grave Brook below the crossing of Hardscrabble Road approximately
3/4 mile upstream from the mouth of Indian Grave Brook, 50 feet.
e.
Extent of Flood Hazard Area. Flood hazard area is hereby established
to encompass the floodway of every watercourse designated on the Flood
Map and adjacent portions of floodplain that are not elevated above
the design flood profiles established in Subsection 14-4.3c of this
section.
f.
Extent of Riparian Yard. Riparian yard is hereby established to encompass:
1.
For every watercourse with a design flood profile established in
Subsection 14-4.3c, the channel, floodway, and flood hazard area.
2.
For all other watercourses designated on the Flood Map; the channel
and contiguous areas that are five feet or less above the low flow
elevation of the watercourse. The riparian yard will be measured on
each side of the stream from the nearest normally wet point. In areas
of flat topography, where the five-foot rule cannot be reasonably
applied, the minimum rear yard width of the zone district will be
the maximum riparian yard.
g.
Resolution of Doubt. In cases of doubt or uncertainty as to the exact
limit of the floodway, flood hazard area or riparian yard in a proposed
development, the Borough Engineer may, upon application of the landowner,
determine the precise location of a floodway or flood hazard area
limit by close inspection, field survey or other appropriate method,
and cause the same to be marked on the ground, notifying the landowner,
the Construction Official, and the Planning Board of the results thereof.
[Ord. No. 581 § 13-4.4]
Within a riparian yard no structure may be erected, no equipment or goods may be stored, and no landfill, excavation or construction operations may be undertaken except upon application to and specific approval of the Planning Board and, whenever State statute so requires, of the Department of Environmental Protection of the State of New Jersey. Any other use that is allowed (by right or subject to the approval of the Board of Adjustment) in the zone in which the riparian yard is located is permitted provided that it is also subject to the requirements of Subsection 14-4.5. Any existing building may be altered subject to the approval of the Planning Board provided that the alteration will not materially affect the floodway or increase the obstruction to the flow of flood waters. The placement of an existing or proposed structure within the extension of a riparian yard resulting from a proposed dam, but outside the resulting flood hazard area, shall not prejudice the construction of the dam or structure. Accepted practices of soil husbandry, planting and harvesting of crops in connection with farming, forestry and arboriculture are not included in the above prohibitions.
[Ord. No. 581 § 13-4.5]
a.
Site Plan. No activity regulated by Subsection 14-4.4 shall hereafter be undertaken within any riparian yard unless and until a Site Plan shall have been submitted to the Planning Board for its review and approval. The Site Plan shall, in addition to the information required in other ordinances, show the following information:
1.
The existing and proposed contours at a contour interval of two feet.
2.
The proposed elevations of the levels of the lands involved at the
corners of the foundation of any existing or proposed structure.
3.
The lowest elevation of the lowest proposed area within any proposed
structure after its completion.
4.
The layout of existing and proposed public streets and the nature,
extent and location of existing and proposed public utilities servicing
and to service the premises in question.
5.
The layout of existing and proposed features that may have material
hydrologic effect including, but not limited to, pavements, forests,
retaining walls, drains and culverts.
6.
The elevation of any existing or proposed pumping facilities.
b.
Impact Report. An Impact Report, prepared by a professional engineer
licensed by the State of New Jersey, shall accompany all Site Plans
(except as provided in Subsection 14-4.5b8 below) and shall provide
information needed to help evaluate the environmental effects of a
Proposed Site Plan on any watercourse and shall include the following
data:
1.
Peak flow rates of storm water runoff expected from the undeveloped
site and to be expected as a result of the proposed improvements.
The data shall include flow rates for two-, five-, ten-, twenty-five-,
fifty- and 100-year storm frequencies, before and after the Proposed
Site Plan activity (reference storm characteristics, including intensity
and duration, to be established by the Municipal Engineer), and shall
include all calculations.
2.
Data on landscaping, vegetation, tree- and ground-cover existing
on site compared with that proposed.
3.
Plans for disposition of storm water, whether by retention on site
or by channeling, so as to protect downstream property.
4.
Where the Site Plan encompasses encroachment upon a stream, a Stream
Encroachment Permit from the New Jersey Division of Water Resources
for fill or diversion of a water channel, alteration of stream, repair
or construction of a bridge, culvert, reservoir, dam, wall, pipeline
or cable crossing.
5.
Description of potential flood levels for the reference storms of
Subsection 14-4.5b1 above including a summary of flood stages from
state and federal sources.
6.
An assessment of the probable impact of the Proposed Site Plan upon
water quality, water supply, hydrology, vegetation and aquatic organisms.
7.
In reviewing the Site Plan, the Planning Board shall take into consideration
the effect of the applicant's Proposed Site Plan upon all aspects
of the environment as outlined above, including the effects on downstream
properties as well as the sufficiency of applicant's proposals for
dealing with any immediate or projected adverse environmental effects,
taking into account difficulties associated with the application.
Specifically, the Site Plan shall include measures, and the sequence
of such measures, for controlling flooding, erosion, and sedimentation
during and after the period of construction.
8.
Notwithstanding the foregoing, the Planning Board may, at the request
of the applicant, waive the requirement for an Impact Report if sufficient
evidence is submitted to support a conclusion that the Proposed Site
Plan will have a slight or negligible environmental impact. Portions
of such requirement may likewise be waived upon a finding that a complete
report need not be prepared in order to evaluate adequately the environmental
impact of a particular Site Plan.
c.
Criteria for Approval. The Planning Board shall not approve any Site
Plan required by this section unless and until the following requirements
have been met:
1.
The lowest floor including the cellar and all essential services
of any proposed structure in a flood hazard area will be at least
one foot above the flood hazard area design flood profile.
2.
Adequate drainage is provided so as to reduce exposure to flood hazards.
3.
New or replacement water supply systems and/or sanitary sewage systems
have been designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood
waters and on-site waste disposal systems will be located so as to
avoid impairment of them or contamination from them during flooding.
4.
Any proposed structure, when built, can be occupied without peril
to the health or safety of the occupant.
5.
Any proposed structure will not adversely affect the flow in any
watercourse.
6.
All public utilities such as sewer, gas, electrical and water systems
will be located, elevated and constructed to minimize flood damage.
7.
All improvements to structures in the Flood Hazard Area will be anchored
to prevent flotation, collapse or lateral movement, use construction
materials and utility equipment that are resistant to flood damage
and use construction methods and practices that will minimize flood
damage.
8.
Runoff. Storm water runoff will be so controlled that there will
be no unreasonable increase in on-site and off-site erosion or potential
downstream flooding.
[Ord. No. 581 § 13-4.6]
The Planning Board shall act upon any Site Plan within the time
limits as provided in this chapter, or as otherwise agreed to by the
applicant. Failure of the Planning Board to act within the time limit
or limits shall be deemed an approval of any Site Plan submitted under
this chapter. Planning Board disapproval shall include written findings
upon any Site Plan element found contrary to the provisions or intent
of this Article
[Ord. No. 581 § 13-4.7]
No building permit shall be issued by the Construction Official
for any proposed structure to be located within any Riparian yard
unless and until the Planning Board shall have approved a Site Plan
pursuant to Article 9, Site Plan Review. No Certificate of Occupancy
shall be issued by the Construction Official unless and until proof
has been submitted to him that all conditions of Site Plan approval
have been fully met and complied with.
[Ord. No. 581 § 13-4.8]
Any interested party may appeal to the Governing Body any final approval pursuant to Subsection 9-5.7d of this chapter in the manner prescribed in § 5-3 of this chapter.
[Ord. No. 581 § 13-4.9]
In reviewing applications submitted under Article 9, Site Plan Review, the Planning Board shall consider and be guided by the general purposes and policies set forth in Subsection 14-4.2, and, in addition, shall apply the following standards:
a.
As to developments in the floodway, primary consideration shall be given to preserving this area for the passage of flood waters without aggravating flood conditions upstream and downstream. Encroachments in the floodway shall therefore be permitted only in cases in which the general public interest will be served, such as parks, playgrounds, bridges, utility rights-of-way, and the like, or where the obstruction to the flow of flood waters is minimal, such as recreational areas, docks, open fencing, suitably designed dams, parking areas, and the like. In no case shall landfill be permitted within the channel or floodway, nor shall the piping of a channel underground be permitted. In addition to the preceding considerations, the considerations of Subsections b and c of this subsection shall apply to the floodway.
b.
As to developments in the flood hazard area outside of the floodway, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by the waiver of the applicant. Exceptions from the requirements of Subsection 14-4.5 shall therefore be permitted only where the building or structure is not designed or intended as a human dwelling place, is of a monetary value less than 10% of the value of the lot or parcel of land upon which it is proposed to be installed, is not intended to house property of a value greater than its own value, and will not by reason of its size, shape, construction or location have any substantial adverse effect upon the functioning of the floodway. In addition to the preceding considerations, the considerations of Subsection c of this section shall apply to the flood hazard area.
c.
As to developments in the riparian yard outside the flood hazard
area, primary consideration shall be given to the protection of persons
and property downstream, and to the preservation of water resources
and quality. Developments therein shall therefore be permitted only
upon satisfactory evidence that erosion, runoff discharged into the
watercourse and changes in level of the water table caused by such
development shall be controlled so that hazards of flood and drought
downstream will not be augmented, the stability of banks will not
be impaired, and the burden of foreign substances in the watercourse
including, but not limited to, silt, petroleum products or septic
tank effluents, will not be regularly or recurrently augmented.
[Ord. No. 581 § 13-4.10]
The Planning Board may grant a variance or variances from the standards as outlined in this § 14-4 provided it specifically finds all of the following:
a.
That there are special circumstances or conditions affecting the
premises in question such that the strict application of the standards
provided in this section would deprive the owner of the reasonable
use of his land.
b.
That the variance or variances requested are necessary for the preservation
and enjoyment of a substantial property right of the owner.
c.
That the granting of the variance or variances will not be detrimental
to the public health, safety and welfare or injurious to property
which could reasonably be affected by such variance.
d.
That the granting of the variance or variances will not have an adverse
environmental impact, and
e.
That the variance or variances requested are reasonable and within
the general purpose and intent of the regulations, standards and procedures
established by this chapter.
[Ord. No. 2003-1301 § 2]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Mayor and Council
of the Borough of Bernardsville, County of Somerset, State of New
Jersey does ordain as follows:
[Ord. No. 2003-1301 § 2]
a.
The flood hazard areas of the Borough of Bernardsville are subject
to periodic inundation which result in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
b.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored cause damage in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
[Ord. No. 2003-1301 § 2]
It is the purpose of this section to promote the public health,
safety and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a.
To protect human life and health;
b.
To minimize expenditure of public money for costly flood control
projects;
c.
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
d.
To minimize prolonged business interruptions;
e.
To minimize damage to public facilities and utilities such as
water and gas mains. electric, telephone and sewer lines, streets,
bridges located in areas of special flood hazard;
f.
To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to minimize
future flood blight areas;
g.
To insure that potential buyers are notified that property is
in an area of special flood hazard; and
h.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 2003-1301 § 2]
In order to accomplish its purposes, this section includes methods
and provisions for:
a.
Restricting or prohibiting uses which are dangerous to health,
safety and property due to water or erosion hazards, or which result
in damaging increases in erosion or in flood heights or velocities;
b.
Requiring that uses vulnerable to floods including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
c.
Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
d.
Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
e.
Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase flood
heights in other areas.
[Ord. No. 2003-1301 § 2]
Unless specifically defined below words or phases used in this
section shall be interpreted so as to give them the meaning they have
in common usage and to give this section its most reasonable application.
Shall mean a request for a review of the Planning Board or
Board of Adjustment's interpretation of any provision of this ordinance
or a request for a variance.
Shall mean a designated AO or AH zone on a community's Flood
Insurance Rate Map with a 1% or greater chance of flooding to an average
depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
Shall mean the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
Shall mean a wall that is not part of the structural support
of the building and is intended through its design and construction
to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or supporting foundation
system.
Shall mean any man-made change to improved or unimproved
real estate, including, but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within an
area of special flood hazard.
Shall mean a non-basement building (i) built in the case
of a building in an area of special flood hazard to have the top of
the elevated floor elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water, and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood up to the magnitude of the
base flood. In an area of special flood hazard "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters.
Shall mean the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
Shall mean the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Map and the water surface elevation of the base
flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain 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.
Shall mean the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than 0.2 foot.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean 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 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:
Shall mean the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, useable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable nonelevation design requirements.
Shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreation vehicle".
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean structures for which the start of construction
commenced on or after the effective date of a flood plain regulation
adopted by a community and includes any subsequent improvements to
such structures.
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of the flood plain management regulations
adopted by the municipality.
Shall mean a vehicle which is [i] built on a single chassis;
[ii] 400 square feet or less when measured at the longest horizontal
projections; [iii] designed to be self-propelled or permanently towable
by a light duty truck; and [iv] designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-3 248) includes
substantial improvements and shall mean the date the building permit
was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation,
such as clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
Shall mean damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50% of the market value of the structure
before the damage occurred.
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
Shall mean a grant of relief from the requirements of this
ordinance which permits construction in a manner that would otherwise
be prohibited by this subsection.
[Ord. No. 2003-1301 § 2]
This section shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Bernardsville.
[Ord. No. 2003-1301 § 2; Ord. No. 2007-1466 § 1]
The areas of special flood hazard for the Borough of Bernardsville,
Community No. 340429, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study,
Somerset County, New Jersey (All Jurisdictions)" dated September 28,
2007.
b.
Flood Insurance Rate Map for Somerset County, New Jersey (All
Jurisdictions) as shown on Index and panel numbers 0014, 0018, 0032,
0034, 0051, 0052, 0053, 0054, 0056, 0058; whose effective date is
September 28, 2007.
The above documents are hereby adopted and declared to be a
part of this section. The Flood Insurance Study and maps are on file
at 166 Mine Brook Road, Bernardsville, NJ, 07924-2112.
[Ord. No. 2003-1301 § 2]
This section is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this ordinance and other ordinance, easement covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail. All matters relative to practice, procedure,
jurisdiction, duties and obligations of the Planning Board, Board
of Adjustment and Governing Body as outlined in this section and the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. shall prevail where
differences or conflicts with existing ordinances occur.
[Ord. No. 2003-1301 § 2]
In the interpretation and application of this section, all provisions
shall be:
[Ord. No. 2003-1301 § 2]
The degree of flood protection required by this section is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This section does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
This section shall not create liability on the part of the Borough
of Bernardsville any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
[Ord. No. 2003-1301 § 2]
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Subsection 14-5.3.2. Application for a Development Permit shall
be made on forms furnished by the Planning Board or Board of Adjustment
and may include, but not be limited to; plans in duplicate drawn to
scale by a professional engineer licensed in the State of New Jersey
showing the nature, location, dimensions, and elevations of the area
in question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
a.
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure
has been floodproofed.
c.
Certification by a registered professional engineer or architect
that the flood proofing methods for any nonresidential structure meet
the flood proofing criteria in Subsection 14-5.5.2b and,
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 2003-1301 § 2; Ord. No. 2018-1771]
The Borough Engineer is hereby appointed to administer and implement
this section by granting or denying development permit applications
in accordance with its provisions.
[Ord. No. 2003-1301 § 2]
Duties of the Planning Board or Board of Adjustment shall include,
but not be limited to:
a.
Permit Review.
1.
Review all development permits to determine that the permit
requirements of this ordinance have been satisfied.
2.
Review all development permits to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval required.
3.
Review all development permits to determine if the proposed
development is located in the floodway, assure that the encroachment
provisions of Subsection 14-5.5.c1 are met.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation
and floodway data has not been provided in accordance with Subsection
14-5.3.2, Basis for Establishing the Areas of Special Flood Hazard,
the Planning Board or Board of Adjustment shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available
from a Federal, State or other source in order to administer Subsections
14-5.5.2a, Specific Standards, Residential Construction, and 14-5.5.2b,
Specific Standards, Nonresidential Construction.
c.
Information to Be Obtained and Maintained.
1.
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
3.
Maintain for public inspection all records pertaining to the
provisions of this section.
d.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey, Department of
Environmental Protection prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
e.
Interpretation of Firm Boundaries. Make interpretations where
needed, as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual filed conditions). The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Subsection
14-5.4.4.
The Planning Board or Board of Adjustment shall not approve
any development permit required by this section unless and until it
is satisfied that the requirements of Subsection 14-5.5 have been
met.
[Ord. No. 2003-1301 § 2]
a.
The Planning Board or Board of Adjustment as established by
the Borough of Bernardsville shall hear and decide appeals and requests
for variances from the requirements of this section.
b.
The Planning Board or Board of Adjustment shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the any Borough Officer in the enforcement
or administration of this section.
c.
Those aggrieved by the decision of the Planning Board or Board
of Adjustment, or any taxpayer, may appeal such decision to the Superior
Court of New Jersey, as provided in the Municipal Land Use Law.
d.
In passing upon such applications, the Planning Board or Board
of Adjustment, shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this section, and:
1.
The danger that materials may be swept onto other lands to the
injury of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where
applicable;
6.
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and,
11.
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,
and streets and bridges.
e.
Upon consideration of the factors of § 14-5.4.4a4 and the
purposes of this section, the Planning Board or Board of Adjustment
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this section.
f.
The Planning Board or Board of Adjustment shall maintain the
records of all appeal actions, including technical information, and
report any variances to the Federal Insurance Administration upon
request.
[Ord. No. 2003-1301 § 2]
a.
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of 1/2 acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (1-11) in
Subsection 14-5.4.4.1d have been fully considered. As the lot size
increases beyond the 1/2 acre, the technical justification required
for issuing the variance increases.
b.
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
c.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
d.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
e.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and,
3.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public as identified in Subsection 14-5.4.4.1d, or conflict
with existing local laws or ordinances.
f.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
[Ord. No. 2003-1301 § 2]
In all areas of special flood hazards the following standards
are required:
a.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.
All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but
are not to be limited to, use of over-the top or frame ties to ground
anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
b.
Construction Materials and Methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
2.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need
to minimize flood damage:
2.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
3.
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and,
4.
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or five acres (whichever is less).
e.
Enclosure Openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding shall be provided. The bottom of all openings shall be
no higher than one foot above grade. Openings may be equipped with
screens, louvers, or other covering or devices provided that they
permit the automatic entry and exit of floodwaters.
[Ord. No. 2003-1301 § 2]
In all areas of special flood hazards where base flood elevation
data have been provided as set forth in Subsection 14-5.3.2, Basis
for Establishing the Areas of Special Flood Hazard or in Subsection
14-5.4.3b, Use of Other Base Flood Data, the following standards are
required:
a.
Residential Construction.
1.
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
one foot above base flood elevation;
2.
Require within any AO zone on the municipality's FIRM that all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number is specified). And,
require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
b.
Nonresidential Construction.
1.
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated one foot above the base
flood elevation or together with the attendant utilities and sanitary
facilities, shall;
2.
Be required within any AO zone on the municipality's FIRM that
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified) and, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures; or
3.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
4.
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
5.
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in Subsection 14-5.4.3c,2.
c.
Manufactured Homes.
1.
Manufactured homes shall be anchored in accordance with Subsection
14-5.5.1a2.
2.
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is elevated one foot
above the base flood elevation.
[Ord. No. 2003-1301 § 2]
Located within areas of special flood hazard established in
Subsection 14-5.5.3a are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
a.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b.
If Subsection 14-5.5.3a is satisfied, all new construction and
substantial improvements must comply with Subsection 14-5.5.0 Provisions
for Flood Hazard Reduction.
c.
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
[Ord. No. 2003-1301 § 2]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this section and other applicable regulations. Violation of the
provisions of this ordinance by failure to comply with any of its
requirements (including violations of conditions and safeguards established
in connection with conditions) shall constitute a misdemeanor. Any
person who violates this section or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than
$1,000 or imprisoned for not more than 90 days, or both, for each
violation, and in addition shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the Borough of
Bernardsville from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. No. 2003-1301 § 2]
If any section, Subsection, sentence, clause, phrase or other
portion of this section shall for any reason be held invalid by any
court, the same shall not affect the validity or effect of the remaining
provisions of this section.
[Ord. No. 2003-1301 § 2]
Ordinance No. 776, adopted November 16, 1987, and any amendments
thereof are hereby repealed in their entirety.
[Ord. No. 2003-1301 § 2]
This section shall take effect upon final passage and publication
as provided by law.
