[Ord. No. 2016-6]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Council of the Borough
of Elmer, Salem County, New Jersey does ordain as follows.
[Ord. No. 2016-6]
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 to:
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, 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. 2016-6]
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 floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
d. Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. No. 2016-6]
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.
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.
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
APPEAL
Shall mean a request for a review of the Construction Code
Official's interpretation of any provision of this chapter or
a request for a variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO or AH 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 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 a 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.
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 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 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 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.
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.
FLOOD PROOFING
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.
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.
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 to render the structure
in violation of other applicable non-elevation design requirements
of 44 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 attached 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 [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
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 means either
the first placement of permanent construction of a structure on a
site such as the pouring of a slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation,
such as clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
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 condition before
damage 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 other 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.
VIOLATION
Shall mean the failure of a structure or other development
to be fully compliant with this chapter. 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. No. 2016-6]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Elmer, Salem County, New
Jersey.
[Ord. No. 2016-6]
The areas of special flood hazard for the Borough of Elmer,
Community No. 340414, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a. A scientific and engineering report "Flood Insurance Study, Salem
County, New Jersey (All Jurisdictions)" dated June 16, 2016.
b. "Flood Insurance Rate Map for Salem County, New Jersey (All Jurisdictions)"
as shown on Index and panel(s) 34033C0210C, whose effective date is
June 16, 2016.
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study, maps and advisory
documents are on file at 120 South Main Street, Elmer, New Jersey.
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[Ord. No. 2016-6]
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
$2,000 or imprisoned for not more than 90 days, or both, for each
violation, and in addition shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the Borough of
Elmer from taking such other lawful action as is necessary to prevent
or remedy any violation.
[Ord. No. 2016-6]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 2016-6]
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. 2016-6]
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 man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
This chapter shall not create liability on the part of the Borough
of Elmer, 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. 2016-6]
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
24-4.2. Application for a development permit shall be made on forms furnished by the Construction Code 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. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 2016-6]
The Construction Code Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 2016-6]
Duties of the Construction Code 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.
b. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection
24-4.2, Basis for Establishing the Areas of Special Flood Hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsection
24-7.1 General Standards.
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. 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 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,
Dam Safety and Flood Control Section.
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 Section
24-6.
[Ord. No. 2016-6]
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.
[Ord. No. 2016-6]
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 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.
[Ord. No. 2016-6]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Ord. No. 2016-6]
This chapter shall be effective on June 16, 2016 and shall remain
in force until modified, amended, or rescinded by the Borough of Elmer,
Salem County, New Jersey.