[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown 10-15-86 as Ord. No. 370. Amendments noted where applicable.]
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. 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.
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
floodwaters.
D. Controlling filling, grading, dredging and other development which
may increase flood damage.
E. Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[Added 3-22-16 by Ord. No. 2016-9]
A. Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
As used in this chapter,
the following terms shall have the meanings indicated:
AH ZONE
Areas subject to inundation by 1-percent-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.
[Added 3-22-16 by Ord. No. 2016-9]
AO ZONE
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually sheet flow on sloping terrain) where average depths
are between one and three feet.
[Added 3-22-16 by Ord. No. 2016-9]
APPEAL
A request for a review of the Construction Code Official's
interpretation of any provision of this chapter or a request for a
variance.
[Added 5-24-16 by Ord. No. 2016-11]
AREA OF SHALLOW FLOODING
A designated AO or AH zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one percent 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.
[Added 3-22-16 by Ord. No. 2016-9]
AREA OF SPECIAL FLOOD HAZARD
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, VI-30, A, AO, A1-A30, AE, A99 or AH.
[Amended 3-22-16 by Ord. No. 2016-9]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 3-22-16 by Ord. No. 2016-9]
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 1-percent 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-percent
or greater chance of being equaled or exceeded in any given year.
[Added 3-22-16 by Ord. No. 2016-9]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
[Amended 5-24-16 by Ord. No. 2016-11]
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.
[Added 3-22-16 by Ord. No. 2016-9]
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated above the 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 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.
[Amended 3-22-16 by Ord. No. 2016-9; 5-24-16 by Ord. No. 2016-11]
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.
[Added 3-22-16 by Ord. No. 2016-9]
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
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.
[Added 3-22-16 by Ord. No. 2016-9]
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 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.
[Added 3-22-16 by Ord. No. 2016-9]
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.
[Added 3-22-16 by Ord. No. 2016-9]
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 accumulatively increasing the water surface elevation more
than 0.2 foot.
[Added 3-22-16 by Ord. No. 2016-9]
FREEBOARD
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.
[Added 3-22-16 by Ord. No. 2016-9]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 3-22-16 by Ord. No. 2016-9]
HISTORIC STRUCTURE
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.
[Added 3-22-16 by Ord. No. 2016-9]
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 as to render the structure in
violation of other applicable nonelevation design requirements of
44 CFR Section 60.3.
[Amended 3-22-16 by Ord. No. 2016-9]
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. 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.
[Added 6-22-87 by Ord. No. 382]
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.
[Added 3-22-16 by Ord. No. 2016-9]
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.
[Added 3-22-16 by Ord. No. 2016-9]
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.
[Added 3-22-16 by Ord. No. 2016-9]
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act, P.L. 97-348, includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement or 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 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.
[Amended 6-22-87 by Ord. No. 382; 3-22-16 by Ord. No. 2016-9; 5-24-16 by Ord. No. 2016-11]
STRUCTURE
A walled and roofed building, manufactured home or a gas-
or liquid-storage tank that is principally above ground.
[Amended 6-22-87 by Ord. No. 382]
SUBSTANTIAL DAMAGE
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 percent of the market value of the structure before
the damage occurred.
[Amended 3-22-16 by Ord. No. 2016-9]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair started or, if the
structure has been damaged or is being restored, before the damage
occurred. For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
A.
Any project for the improvement of a structure to comply with
existing or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
B.
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
VARIANCE
A grant of relief from the requirements of this ordinance
that permits construction in a manner that would otherwise be prohibited
by this ordinance.
[Added 5-24-16 by Ord. No. 2016-11]
VIOLATION
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.
[Amended 3-22-16 by Ord. No. 2016-9; 5-24-16 by Ord. No. 2016-11]
A. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard for the Borough of Woodstown,
Community No. 340426, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study, Salem
County, New Jersey (All Jurisdictions)" dated June 16, 2016.
(2) "Flood Insurance Rate Map for Salem County, New Jersey (All Jurisdictions)"
as shown on Index and panel(s) 34033C0089C, 34033C0090C, whose effective
date is June 16, 2016.
The above documents are hereby adopted and declared to be part
of this chapter. The Flood Insurance Study, maps and advisory documents
are on file at 25 West Avenue, Woodstown, New Jersey.
This chapter shall apply to all areas of special flood hazard
within the Borough of Woodstown, Salem County, New Jersey. These areas
are specifically designated on the local flood hazard map as prepared
by the Borough Engineer, dated August 5, 1986, amended effective June
16, 2016 and maintained on file in the Borough Clerk's office
and with the Borough Engineer.
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with this chapter
and other applicable regulations. Violations of this chapter shall
be considered a disorderly persons offense. Upon conviction, any person
violating this chapter may be fined not more than $500 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, including any
costs undertaken by the municipality to abate the condition created.
Any ongoing violation shall be considered a separate violation for
each day of occurrence or existence. Nothing herein contained shall
prevent the Borough of Woodstown from taking such other lawful action
as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
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.
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 hazard 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 Woodstown, 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.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in §
58-4. Application for a development permit shall be made on forms furnished by the Woodstown Municipal Clerk 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. The elevation, in relation to mean sea level, of the lowest floor,
including basement, of all structures.
B. The 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 §
58-13B.
D. A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
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.
[Amended 6-22-87 by Ord. No. 382; 3-22-16 by Ord. No. 2016-9]
The duties of the Construction Code Official in administering
this chapter shall include but not be limited to the following.
A. Permit review.
(1) Review all development permits to see that the requirements of this
chapter have been satisfied.
(2) Review all development permits to determine that all other necessary
permits have been obtained from federal, state or local agencies which
require prior approval.
(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of §
58-14 are met.
[Amended 5-24-16 by Ord. No. 2016-11]
(4) [Deleted 5-24-16 by Ord. No. 2016-11]
B. Use of other base flood and floodway data.
When base flood elevation and floodway data has not been provided,
the Construction Code 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 the specific
standards for residential and non-residential 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 §
58-9C.
[Amended 5-24-16 by Ord. No. 2016-11]
(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 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.
(3) Ensure substantial improvements meet the requirements of the Specific
Standards for Residential and Nonresidential Construction.
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.
[Amended 3-22-16 by Ord. No. 2016-9]
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 improvement shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(2) No manufactured home, as defined in this chapter, shall be permitted
within the designated flood hazard area.
[Amended 6-22-87 by Ord. No. 382]
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 the infiltration of floodwaters into the system.
(2) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate the 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.
(4) For all new construction and substantial improvements, 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.
[Added 6-22-87 by Ord. No. 382; amended 3-22-16 by Ord. No. 2016-9]
D. Subdivision proposals.
(1) All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage.
[Amended 3-22-16 by Ord. No. 2016-9]
(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.
[Amended 3-22-16 by Ord. No. 2016-9]
(3) All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage.
[Amended 3-22-16 by Ord. No. 2016-9]
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development within the designated flood hazard
areas which contain at least 50 lots or five acres, whichever is less.
E. Encroachments.
Any proposed development shall be analyzed to determine the
effects on flood-carrying capacity of the area of special flood hazard.
Encroachments, including fill, new construction, substantial improvements
and other development, shall be prohibited in any floodway unless
a technical evaluation demonstrates that the encroachments will not
result in any increase in the flood levels during the occurrence of
the base flood discharge.
[Amended 6-22-87 by Ord. No. 382; 3-22-16 by Ord. No. 2016-9]
F. 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 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.
[Amended 3-22-16 by Ord. No. 2016-9]
In all areas of special flood hazard where base flood elevation
data has been provided, the following standards are required:
A. Residential construction.
(1) New construction and substantial improvement of any residential structure
located in an A or AE zone shall have the lowest floor, including
basement together with the attendant utilities and sanitary facilities,
elevated at or above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
(2) Require within any AO or AH zone on the municipality's FIRM
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).
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 either:
[Amended 5-24-16 by Ord. No. 2016-11]
(1) Elevated to or above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(2) 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). And, require adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures;
or
(3) Be floodproofed so that below the base flood level plus one foot
or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive,
the structure is watertight with walls substantially impermeable to
the passage of water;
(4) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(5) Be certified by a registered professional engineer or architect that
the design and methods of construction are in accordance with accepted
standards of practice for meeting the applicable provisions of this
subsection. Such certification shall be provided to the official.
[Added 3-22-16 by Ord. No. 2016-9]
Located within areas of special flood hazard are areas designated
as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B. If paragraph A above is satisfied, all new construction and substantial improvements must comply with §
58-12 and §
58-13.
[Amended 5-24-16 by Ord. No. 2016-11]
C. In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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.
[Added 5-24-16 by Ord. No. 2016-11]
A. Appeal Board.
(1) The Planning Board as established by Borough Council shall hear and
decide appeals and requests for variances from the requirements of
this chapter.
(2) The Planning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Construction Code Official in the enforcement or administration
of this chapter.
(3) Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court of New Jersey, as provided
in N.J.S.A. 40:55D-1 et seq.
(4) In passing upon such applications, the Planning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this ordinance, 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 § 58-15(A)(4) and
the purposes of this chapter, the planning board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
(6) The Construction Code Official 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 one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (a)—(k) in § 58-15(A)(4)
have been fully considered. As the lot size increases beyond the one-half
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 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.
[Added 5-24-16 by Ord. No. 2016-11]
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.