[Ord. No. 11-13]
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 Township Council
of the Township of Sparta in the County of Sussex, State of New Jersey
does ordain the following regulations.
[Ord. No. 11-13]
It is the purpose of this chapter 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. Protect human life and health;
b. Minimize expenditure of public money for costly flood control projects;
c. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
d. Minimize prolonged business interruptions;
e. 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. 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. Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
h. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
[Ord. No. 11-13]
In order to accomplish its purpose, 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
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.
[Ord. No. 11-13]
Unless specifically defined below, words, or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
APPEALS
Shall mean a request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO, AH or VO Zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a 1% annual 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.
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.
BASE FLOOD
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
BASEMENT
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
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.
DEVELOPMENT
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 the
area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
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 above the ground level
by means of piling, columns (posts and piers), or shear walls parallel
to the flow of the water; and
b.
Adequately anchored so as to not 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" also
includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
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 (FIS)
Shall mean the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Map(s) and the water surface elevation of the
base flood.
FLOOD OR FLOODING
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.
FLOODPLAIN MANAGEMENT REGULATIONS
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as 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.
FLOODWAY
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.
FREEBOARD
Shall mean freeboard is a factor of safety usually expressed
in feet above a flood level for purposes of floodplain management.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed 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 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
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 nonelevation design requirements.
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.
The term "manufactured home" does not include a "recreational vehicle."
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.
RECREATIONAL VEHICLE
Shall mean a vehicle which is (a) built on a single chassis;
(b) 400 square feet or less when measured at the longest horizontal
projections; (c) designed to be self-propelled or permanently towable
by a light duty truck; and (d) designed primarily not for use as a
permanent dwelling but as a temporary living quarters for recreational,
camping, travel, or seasonal use.
START OF CONSTRUCTION
Shall mean for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. No 97-348)
includes substantial improvements and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The actual start shall mean
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, piers, or foundation 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 50% of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition or
improvement of a structure, the cost of which equals or 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:
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
chapter that permits construction in a manner that would otherwise
be prohibited by this chapter.
[Ord. No. 11-13]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Sparta, Sussex County,
New Jersey.
[Ord. No. 11-13]
The areas of special flood hazard for the Township of Sparta,
Community No. 340535 are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
a. A scientific and engineering report entitled "Flood Insurance Study,
Sussex County, New Jersey (All Jurisdictions)" dated, September 29,
2011.
b. Flood Insurance Rate Map for Sussex County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 34037CO306E, 34037CO307E, 34037CO308E,
34037CO309E, 34037CO315E, 34037CO316E, 34037CO317E, 34037CO318E, 34037CO319E,
34037CO326E, 34037CO328E, 34037CO329E, 34037CO335E, 34037CO336E, 34037CO340E,
34037CO345E, 34037CO410E, 34037CO426E: whose effective date is September
29, 2011.
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study and maps are on file
at 65 Main Street, Sparta, New Jersey.
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[Ord. No. 11-13]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of the 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 $1,250 or be required to perform community service as designated
by the local magistrate, 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 of Sparta from taking such other
lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 11-13]
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
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 11-13]
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; and
c. Deemed neither to limit nor repeal any other powers granted under
State statutes.
[Ord. No. 11-13]
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 man-made 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 of Sparta, 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. No. 11-13]
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
28-3.2. 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 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 floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection
28-5.2, paragraph b; and
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 11-13]
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 11-13]
Duties of the Construction Official shall include, but not be
limited to:
a. Permit Review.
1. Review all development permits to determine that the permit requirements
of this chapter 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, assure that the encroachment provisions of subsection
28-5.3, paragraph a 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
28-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Construction Official 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
28-5.2, paragraph a, Specific Standards, Residential Construction, and subsection
28-5.2, paragraph b, 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 or 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
28-4.1, paragraph c.
3. Maintain for public inspection all records pertaining to the provisions
of this chapter.
d. Alteration of Watercourses.
1. Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section 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. 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
28-4.4.
[Ord. No. 11-13]
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.
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. 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 coverings or devices provided that
they permit the automatic entry and exit of flood waters.
f. Freeboard. Freeboard is intended to allow for uncertainties in analysis,
design and construction which cannot be fully or readily considered.
A one foot freeboard is required to account for the one foot rise
built into the concept of designating a floodway and the encroachment
requirements where floodways have not been designated.
[Ord. No. 11-13]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection
28-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection
28-4.3, paragraph b, 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, together with the
attendant utilities and sanitary facilities, elevated to one foot
or more above the base flood elevation.
2. Within any AO zone on the municipality's DFIRM that all new
construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot
or more 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. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including basement, together with attendant utility and sanitary
facilities, either:
1. Elevated one foot or more above the base flood elevation; and
2. Within any AO Zone on the municipality's DFIRM that all new
construction and substantial improvement of any commercial, industrial
or other nonresidential structure:
(a)
Shall have the lowest floor, including basement, elevated one
foot or more 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
(b)
Be floodproofed so that below the base flood plus one foot level
of the structure is watertight with:
(1)
Walls substantially impermeable to the passage of water;
(2)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(3)
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
28-4.3, paragraph c2.
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with subsection
28-5.1 paragraph a2.
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 at or above the base flood
elevation.
[Ord. No. 11-13]
Located within areas of special flood hazard established in subsection
28-3.2 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 encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b. If paragraph a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section
28-5, 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.