[6-24-2019 by Ord. No.
2019:17]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1 et seq., delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the Mayor
and Council of the Borough of New Milford, Bergen County New Jersey
does ordain as follows.
It is the purpose of this article to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood control
projects;
c. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
f. To help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
g. To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
h. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
In order to accomplish its purposes, this article includes methods
and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c. Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
d. Controlling filling, grading, dredging, and other development which
may increase flood damage; and
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[6-24-2019 by Ord. No.
2019:17]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and give this article its most reasonable application.
AH ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone.
AO ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet.
APPEAL
A request for a review of the Borough Engineer's interpretation
of any provision of this article or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AH or AO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average depth of one foot to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent-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
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
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 one-percent-or-greater
chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available flood risk guidance FEMA has provided.
The best available flood hazard data may be depicted on but not limited
to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and
FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available flood elevation FEMA has provided.
The best available flood hazard data elevation may be depicted on
an Advisory Flood Hazard Area Map, Work Map or Preliminary FIS and
FIRM.
BREAKAWAY WALL
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.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
DEVELOPMENT
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 the area of special
flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
ELEVATED BUILDING
A nonbasement 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 base flood elevation plus freeboard 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 floodwaters.
EROSION
The process of gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Emergency
Management Agency has provided flood profiles, as well as the Flood
Insurance Rate Map and the water surface elevation of the base flood.
FLOOD or FLOODING
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.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police powers. 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
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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.
LOWEST FLOOR
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 to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
MANUFACTURED HOME
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. The
term "manufactured home" does not include a "recreational vehicle."
NEW CONSTRUCTION
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
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.
RECREATIONAL VEHICLE
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.
START OF CONSTRUCTION
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)] 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 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
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.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Substantial 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 of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period the cost of which equals or
exceeds 50% 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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
VARIANCE
A grant of relief from the requirements of this article which
permits construction in a manner that would otherwise be prohibited
by this article.
VIOLATION
The failure of a structure or other development to be fully
compliant with this article. 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.
[6-24-2019 by Ord. No.
2019:17]
This article shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of New Milford, Bergen County,
New Jersey.
No structure or land shall hereafter be constructed, relocated,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violation of the
provisions of this article 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 article 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 30 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 New Milford from taking such
other lawful action as is necessary to prevent or remedy any violation.
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
In the interpretation and application of this article all provisions
shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under
state statutes.
[6-24-2019 by Ord. No.
2019:17]
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
25-3.2. Application for a development permit shall be made on forms furnished by the Borough Engineer and may include, but not be limited to, plans in duplicate drawn to scale 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 licensed professional engineer or registered architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection
25-5.2b; and
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Borough Engineer is hereby appointed to administer and implement
this article. The Borough Engineer will review the development applications
and floodway data. The Zoning Official will "grant or deny" the permit
upon recommendation of the Engineer.
Duties of the Borough Engineer, as 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 article 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 to determine if the proposed development is located in the floodway. If located in the floodway, ensure that the encroachment provisions of Subsection
25-5.3a 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
25-3.2, Basis for Establishing Areas of Special Flood Hazard, the Borough Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections
25-5.2a, Specific Standards, Residential Construction, and 25-5.2b, 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.
2. For all new substantially improved floodproofed structures:
(a)
Verify and record the actual elevation (in relation to mean
sea level); and
(b)
Maintain the floodproofing certifications required in Subsection
25-4.1c.
3. Maintain for public inspection all records pertaining to the provisions
of this article.
d. Alteration of Watercourses.
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 said watercourse so that the flood-carrying capacity is
not diminished.
e. 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,
Bureau of Flood Control.
3. Ensure substantial improvements meet the requirements of Subsections,
25-5.2a, Specific Standards, Residential Construction, 25-5.2b, Specific
Standards, Nonresidential Construction, and 25-5.2c, Specific Standards,
Manufactured Homes.
f. 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
25-4.4.
[6-24-2019 by Ord. No.
2019:17]
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 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.
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; and
4. For all new construction and substantial improvements, 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 and other proposed new development shall
be consistent with the need to minimize flood damage;
2. All subdivision proposals and other proposed new development 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 and other proposed new development 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 new development 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 licensed professional
engineer or registered architect or must meet or exceed the following
minimum criteria:
1. 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 covering or devices provided that they permit the automatic
entry and exit of floodwaters.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection
25-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection
25-4.3b, Use of Other Base Flood Data, the following standards are required:
a. Residential Construction. New construction and substantial improvement
of any residential structure located in an A or AE Zone shall have
the lowest floor, including basement, all electrical, heating, ventilating,
air-conditioning, other service equipment and sanitary facilities
elevated at or above the more restrictive base flood elevation (published
FIS/FIRM) plus one foot, the best available flood hazard data elevation
plus one foot, or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive.
1. Require within any AO or AH Zone on the municipality's DFIRM that
all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified),
or at or above the best available flood hazard data elevation plus
one foot, whichever is more; and require adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
b. Nonresidential Construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including basement together with
the attendant utilities and sanitary facilities as well as all electrical,
heating, ventilating, air-conditioning and other service equipment,
either:
1. Elevated
to or above the more restrictive, base flood elevation (published
FIS/FIRM) plus one foot, the best available flood hazard data elevation
plus one foot, or as required by ASCE/SEI 24-14, Table 2-1; and require
within any AO or AH Zone on the municipality's DFIRM to elevate above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified)
or at or above the best available flood hazard data elevation plus
one foot, whichever is more restrictive; and require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures; or
2. Be floodproofed so that below the more restrictive base flood elevation (published FIS/FIRM) plus one foot, the best available flood hazard data elevation plus one foot, or as required by ASCE/SEI 24-14, Table 6-1, the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a licensed professional engineer or registered 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
25-4.1c.
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with Subsection
25-5.1a2.
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;
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the more restrictive base flood elevation
(published FIS/FIRM) plus one foot, the best available flood hazard
data elevation plus one foot, or as required by ASCE/SEI 24-14, Table
2-1; and
(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 floatation,
collapse, and lateral movement.
Located within areas of special flood hazard established in Subsection
25-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. 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
a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section, 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 foot at any point.
[Ord. No. 86:4 § 1.0]
This article shall be known and may be cited as "The Flood Fringe
Regulations of the Borough of New Milford."
[Ord. No. 86:4 § 2.0]
It is hereby determined that the flood fringe areas of delineated
streams within the Borough are subjected to flooding and that such
flooding is a danger to the lives and properties of the public; that
such flooding is also a danger to the natural resources of the Borough,
County and State; that unregulated development, the placement of fill,
or construction within these flood fringe areas results in increased
flood damages, erosion damages and adverse impacts on the ecological
resources within and downstream of the Borough. It is therefore determined
that it is in the public's interest to regulate the development of
real property within the flood fringe areas of delineated streams
pursuant to the flood hazard area control area, N.J.S.A. 58:15A-50
et seq. and related rules, N.J.A.C. 7:13 and to establish standards
to regulate construction and the placement of fill within these areas.
The Borough hereby accepts the responsibility empowered to it by the
Flood Hazard Area Control Act to regulate stream encroachments within
the flood fringe areas of delineated streams.
[Ord. No. 86:4 § 6.0]
The standards outlined in this section shall apply to all regulated
uses in the flood fringe area of delineated streams. For the purposes
of development subject to the flood damage prevention regulations,
the standards in those regulations shall apply wherever stricter than
those described below. Additionally, uses considered by this article
to be nonregulated may be regulated under the flood damage prevention
regulations.
[Ord. No. 86:4 § 6.6]
Retention and detention basis for stormwater management within
the flood fringe area along delineated streams shall be constructed
in accordance with criteria of the State Stormwater Management Regulations
(N.J.A.C. 7:8). Stormwater impoundments, including berms, may be required
to obtain a dam permit from NJDEP where appropriate.
[Ord. No. 86:4 § 6.7]
If manhole areas are to be located within the flood fringe area
along delineated streams, they shall be flush with ground level and
provided with watertight manhole covers.
[Ord. No. 86:4 § 6.9]
Individual sewage disposal systems within the flood fringe area
shall be constructed in accordance with the New Jersey State's Standards
for the Construction of Individual Subsurface Sewage Disposal Systems,
N.J.S.A. 7:9-2.
[Ord. No. 86:4 § 7.3]
All dams, as defined by the New Jersey Safe Dam Act, and this
article, must be submitted to NJDEP for a dam permit.
[Ord. No. 86:4 § 9.0]
In addition to any fee due to the municipality as a result of
the applicant's underlying application for a municipal approval, there
shall be due to the municipality at the time of submission of materials
in support of this application a fee as follows:
[Ord. No. 86:4 § 10.0]
Penalties for noncompliance with the provisions of this article
shall be determined by the municipalities in accordance within applicable
provisions of the M.L.U.L.