Township of Upper, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #21-1987, § 1.1]
a. 
The flood hazard areas of the Township are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
b. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damages uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
[Ord. #21-1987, § 1.2; Ord. No. 013-2017]
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, and streets and bridges located in areas of special flood hazard.
f. 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
g. 
To ensure that potential buyers are notified that property is in an area of special flood hazard.
h. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Ord. #21-1987, § 1.3]
In order to accomplish its purposes, this Chapter includes methods and provisions for:
a. 
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. 
Controlling the alteration of natural 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 floodwaters or which may increase flood hazards in other areas.
[Ord. #21-1987, § 2.0; Ord. #014-2012; Ord. #002-2013; Ord. #011-2013 § 1; Ord. No. 013-2017]
As used in this Chapter:
ADVISORY BASE FLOOD ELEVATION (ABFE)
Shall mean the elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
ADVISORY FLOOD HAZARD AREA (AFHA)
Shall mean the land in the floodplain within a community subject to flooding from the 1% annual chance event depicted on the Advisory Flood Hazard Map.
ADVISORY FLOOD HAZARD MAP
Shall mean the official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
AH ZONE
Shall mean areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONE
Shall mean areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
APPEAL
Shall mean a request for a review of the local administrator's interpretation of any provision of this Chapter or a request for a variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
Shall mean the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1 — A30, AE, A99, or AH.
BASE FLOOD
Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION
Shall mean the flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. For zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENT
Shall mean any areas of the building having its flood subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
Shall mean the effective Flood Insurance Risk Maps or most recent Advisory Flood Hazard Area Maps FEMA has provided.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
Shall be depicted on the effective FIRM or FIS, or an Advisory Flood Hazard Area Map or Advisory FIS.
BREAKAWAY WALL
Shall mean a wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
COASTAL A ZONE
Shall mean the portion of the Special Flood Hazard Area (SFHA) starting from a Velocity (V) Zone and extending up to the landward Limit of the Moderate Wave Action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward Limit of the Moderate Wave Action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/Coastal High Hazard Areas.
COASTAL HIGH HAZARD AREA
Shall mean an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 40% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years.
DEVELOPMENT
Shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
ELEVATED BUILDING
Shall mean a non-basement building (a) built in the case of a building in an area of special flood hazard to have the top of the elevated floor, or in the case of a building in a coastal high hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and (b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard and Coastal A Zones, "elevated building" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
Shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
FLOOD INSURANCE RATE MAP (FIRM)
Shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
Shall mean the official report 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.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters; and/or
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PROTECTION ELEVATION
Shall mean the elevation that a structure must be elevated to in all special flood hazard areas and advisory flood hazard areas. Said elevation shall be two foot higher than the best available flood hazard data elevation.
FLOODPLAIN MANAGEMENT REGULATIONS
Shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
Shall mean 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.
FREEBOARD
Shall mean a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Shall mean any structure that is:
a. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
d. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved State program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in States without approved programs.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
Shall mean inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than those in the VE Zone.
LOWEST FLOOR
Shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of CFR Section 60.3.
MANUFACTURED HOME
Shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" does not include a "Recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION
Shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 floodplain management regulations adopted by the municipality.
PRIMARY FRONTAL DUNE
Shall mean a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE
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.
SAND DUNES
Shall mean naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SPECIAL FLOOD HAZARD AREA (SFHA)
Shall mean the land in the floodplain within a community subject to flooding from the 1% annual chance event depicted on the Flood Insurance Rate Map.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act [P.L. 97-348], shall include substantial improvement, and 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 pilings, 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 a 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
Shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE
Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 40% of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value (accumulative losses) of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure during a ten-year period the cost of which equals or exceeds 40% of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means "cumulative substantial improvement." This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed or "repetitive loss." The term does not, however, include either:
a. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
b. 
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
VARIANCE
Shall mean a grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.
VIOLATION
Shall mean the failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Ord. #21-1987, § 3.1]
This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the Township.
[Ord. #21-1987, § 3.2; Ord. #002-2013; Ord. #011-2013 § 1; Ord. No. 013-2017]
The areas of special flood hazard for the Township of Upper, Community No. 340159 identified by the Federal Emergency Management Agency are identified and defined on the following documents:
a. 
Scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Cape May County, New Jersey (All Jurisdictions)" dated October 5, 2017, with accompanying Flood Insurance Rate Maps for Cape May County, New Jersey (All Jurisdictions)" as shown on Index and panels 34009C0017F, 34009C0028F, 34009C0029F, 34009C0036F, 34009C0037F, 34009C0039F, 34009C0041F, 34009C0042F, 34009C0043F, 34009C0044F, 34009C0061F, 34009C0062F, 34009C0063F, 34009C0064F, 34009C0066F, 34009C0067F, 34009C0068F, 34009C0069F, 34009C0086F, 34009C0088F, 34009C0131F, 34009C0132F, 34009C0134F, 34009C0151F, 34009C0152F, 34009C0153F, 34009C0154F, 34009C0156F, 34009C0157F, 34009C0158F, 34009C0159F, 34009C0162F, 34009C0166F, whose effective date is October 5, 2017, is hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study and the Flood Insurance Rate Maps are on file in the office of the Township Clerk, Township Hall, 2100 Tuckahoe Road, Petersburg, New Jersey.
b. 
Best Available Flood Hazard Data. These documents shall take precedence over effective panels and FIS in construction and development regulations only. Where the Special Flood Hazard Area (SFHA) and the Advisory Flood Hazard Area (AFHA) maps conflict or overlap, whichever imposes the more stringent requirement shall prevail.
[Ord. #21-1987, § 3.3; Ord. No. 013-2017]
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $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 Township from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. #21-1987, § 3.4]
This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. #21-1987, § 3.5]
In the interpretation and application of this Chapter, all provisions shall be:
a. 
Considered as minimum requirements;
b. 
Liberally construed in favor of the governing body;
c. 
Deemed neither to limit nor repeal any other powers granted under State Statutes.
[Ord. #21-1987, § 3.6]
The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Township, any officer, or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
[Ord. #21-1987, § 4.1; Ord. No. 013-2017]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in subsection 18-3.2. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the areas 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 floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 18-5.2, paragraph b;
d. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Ord. #21-1987, § 4.2; Ord. No. 013-2017]
The Construction Official and the Floodplain Manger are hereby each appointed as the Local Administrator to implement applicable portions of this Chapter by granting or denying development permit applications in accordance with its provisions.
[Ord. #21-1987, § 4.3; Ord. #002-2013; Ord. No. 013-2017]
Duties of the Local Administrator 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 is required.
3. 
Review all development permits in the coastal high hazard and Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.
4. 
Review plans for walls to be used to enclose space below the base flood level in accordance with section 18-5.3b4).
b. 
Use of Other Flood Data. When base flood elevation and floodway data has not been provided in accordance with subsection 18-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Township shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsection 18-5.2, Specific Standards.
c. 
Information to Be Obtained and Maintained.
1. 
Obtain and record the actual elevation in relation to 1988 North American Vertical Datum (NAVD) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
2. 
For all new or substantially improved floodproofed structures:
(a) 
Obtain and record the actual elevation actual elevation in relation to 1988 North American Vertical Datum (NAVD) to which the structure has been floodproofed.
(b) 
Maintain the floodproofing certifications required in subsection 18-4.1, paragraph c.
3. 
Maintain for public inspection all records pertaining to the provisions of this Chapter.
4. 
In Coastal High Hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of 18-5.3b. And 18-5.3b2(a) and 2(b).
d. 
Alteration of Watercourse.
1. 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Control and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. 
Require that maintenance is provided within the altered or relocated portion of the watercourse so that 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 field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 18-4.4.
f. 
Substantial Damage Review.
1. 
After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes.
2. 
Record and maintain the flood and non-flood damage of substantial damage structures and provide a letter of Substantial Damage Determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.
3. 
Ensure substantial improvements meet the requirements of sections 18-5.2a Specific Standards, Residential Construction, and 18-5.2b, Specific Standards, Nonresidential Construction.
[Ord. #014-2012; Ord. No. 013-2017]
a. 
Appeal Board.
1. 
The Zoning Board as established by N.J.S.A. 40:55D-1 et seq. (the Municipal Land Use Law) shall hear and decide appeals and requests for variances from the requirements of this Chapter, as this Chapter and Ordinance No. 014-2012 relate to the nature and extent of the uses of land and of buildings and structures thereon pursuant to N.J.S.A. 40:55D-6.
2. 
The Zoning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this Chapter.
3. 
Those aggrieved by the decision of the Zoning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in N.J.S.A. 40:55D-17h & 18.
4. 
In passing upon such applications, the Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
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
(k) 
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.
5. 
Upon consideration of the factors of subsection 18-4.4a4 and the purposes of this Chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
6. 
The Local Administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
b. 
Conditions for Variances.
1. 
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 in paragraphs (a) — (k) of subsection 18-4.4a4, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2. 
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.
3. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 
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 18-4.4a4, or conflict with existing local laws or ordinances.
6. 
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.
7. 
Notwithstanding any provision contained within to the contrary, no variance shall be given unless the applicant/appellant can establish a factual basis therefor pursuant to N.J.S.A. 40:55D-70 as interpreted by applicable judicial decision.
[Ord. #21-1987; Ord. #14-2012, Ord. #02-2013, Ord. #11-2013 § 1; Ord. No. 013-2017]
In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
a. 
Anchoring.
1. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not 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.
[Ord. No. 013-2017]
b. 
Construction Materials and Methods.
1. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 
Utilities.
1. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
2. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
3. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Engineering drawings shall be submitted to show compliance of this section prior to issuance of a building permit. Drawings shall show protection from scour from wave action, flood proofing of tank access which is located below flood protection elevation and protection of electrical components located below flood protection elevation; and
4. 
For all new construction and substantial improvement the electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding or one foot above grade if not part of substantial improvement or new construction.
[Ord. No. 013-2017]
d. 
Subdivision and Site Plan Proposals.
1. 
Shall be consistent with the need to minimize flood damage;
2. 
Shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. 
Shall have adequate drainage provided to reduce exposure to flood damage; and
4. 
Base flood elevation and flood hazard area data shall be provided for all subdivision proposals, as well as all applications for site plan approval and other proposed development.
5. 
All subdivision proposals shall construct a sign no smaller than 12 inches by 12 inches with the following wording "Entering Flood Hazard Area" at a location as directed by the Township Engineer.
e. 
Enclosure Openings. For all new construction and substantial improvements, fully enclosed areas below the flood protection that are usable solely for parking of vehicles, building access or storage in an area other than a basement, level that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
[Ord. No. 013-2017]
f. 
Enclosure Conversion. No enclosure below the flood protection level shall be converted to habitable living space and shall not be utilized for any use other than access, utility and storage. The owner shall file a deed restriction for this area agreeing to this subsection and shall be to the benefit of the Township of Upper.
[Ord. No. 013-2017]
[Ord. #21-1987; Ord. #14-2012; Ord. #02-2013, Ord. #11-2013 § 1; Ord. No. 013-2017]
In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsections 18-3.2 and 18-4.3 b the following standards are required:
a. 
Residential Construction.
1. 
For Coastal A Zone construction see Section 18-5.3 Coastal High Hazard Area and Coastal A Zone.
2. 
New construction and substantial improvement of any residential structure located in an A or AE Zone shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor, including basement and utilities (electrical, heating, ventilation, plumbing, duct work and air-conditioning equipment), be elevated to or above the flood protection elevation.
b. 
Nonresidential Construction.
1. 
For Coastal A Zone construction see Section 18-5.3 Coastal High Hazard Area and Coastal A Zone.
2. 
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor, including basement and utilities (electrical, heating, ventilation, plumbing, duct work and air-conditioning equipment), be elevated to or above the flood protection elevation; or together with attendant utility and sanitary facilities, shall:
(a) 
Be flood proofed so that below the flood protection elevation the structure is watertight with walls substantially impermeable to the passage of water;
(b) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 18-4.3, paragraph c, 2.
c. 
Manufactured Homes.
1. 
Manufactured homes shall be anchored in accordance with subsection 18-5.1, paragraph a, 2.
2. 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall.
(a) 
Be consistent with the need to minimize flood damage,
(b) 
Be constructed to minimize flood damage,
(c) 
Have adequate drainage provided to reduce exposure to flood damage, and
(d) 
Be elevated on a permanent foundation such that the bottom of the lowest horizontal structural member of the lowest floor including utilities (electrical, heating, ventilation, plumbing, duct work and air-conditioning equipment), is at or above the flood protection elevation.
(e) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
[Ord. #21-1987, 5.3; Ord. #14-2012; Ord. #002-2013; Ord. No. 013-2017]
Coastal high hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in subsection 18-3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
a. 
Location of Structures. All buildings or structures shall be located landward of the reach of the mean high tide. The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or subdivision.
b. 
Construction Methods.
1. 
Elevation. All new construction and substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the flood protection elevation, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection 18-5.3, paragraph b, 4.
2. 
Structural Support.
(a) 
All new construction and substantial improvements shall be securely anchored on pilings or columns.
(b) 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values each of which shall have a 1% chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
(c) 
There shall be no fill used for structural support of the building within the Zones V1-30, VE, V and Coastal A on the community's FIRM.
3. 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of subsection 18-5.3, paragraph b1 and paragraph b, 2(a) and (b).
4. 
Space Below the Lowest Floor.
(a) 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this Chapter shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice-work or insect screening are used as provided for in this subsection.
(b) 
Breakaway walls, open wood lattice-work or insect screening shall be allowed below the flood protection elevation provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
(1) 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.
(c) 
If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access, or storage and not for human habitation.
(d) 
Prior to construction, plans for breakaway walls must be submitted to the Construction Code Official or Building Sub-Code Official for approval.
(e) 
All construction below the flood protection elevation as detailed in paragraph b1 shall be anchored and constructed of flood-resistant materials in accordance to NFIP requirements.
c. 
Enclosure Conversion. No enclosure constructed in accordance with paragraph b4 shall be converted to habitable living space and shall not be utilized for any use other than access, utility and storage. The owner shall file a deed restriction for this area agreeing to this subsection and shall be to the benefit of the Township of Upper.