Township of Hopewell, NJ Environmental Control

The Mercer County Soil Conservation District shall be the review and inspection authority for all designated development projects within the Township of Hopewell pursuant to N.J.S.A. 4:24-39 et seq. and any regulations promulgated thereunder.

§ 12-1.2 New Projects.

[Ord. #95-1027]

Any new "applications for development" (as that term is defined in N.J.S.A. 4:24-41) received after the effective date of this section shall be referred to the Mercer County Soil Conservation District for review, approval and inspection pursuant to N.J.S.A. 4:24-39 et seq. The Township of Hopewell will require a bond for all soil erosion and sediment control measures which may be required, which bond shall be in the form of an escrow guarantee to ensure installation and completion of the required permanent stabilization measures.

§ 12-1.3 Ongoing Projects.

[Ord. #95-1027]

The township engineer shall retain responsibility for enforcing implementation of erosion control plans in accordance with Standards for Soil Erosion and Sediment Control for projects which are under construction as of the effective date of this section.

The Mercer County Soil Conservation District shall assume responsibility for implementation of all projects for which final approval (including the soil erosion and sediment control plans) has been granted as of the effective date of this section.

§ 12-1.4 Inspection Fees.

[Ord. #95-1027]

All developers of projects subject to the provisions of this section utilizing a revolving escrow fund for inspection fees shall post requisite inspection fees directly with the Mercer County Soil Conservation District in accordance with its fee schedule.

§ 12-2 FLOOD DAMAGE PREVENTION.

[§ 12-2 was deleted and replaced 3-6-2023 by Ord. No. 23-1795. Prior history includes Ord. Nos. 512, 645-83, 746-87, 01-1192, Ord. No. 2016-1635 and Ord. No. 2016-1635.]

§ 12-2.1 Scope and Administration.

[Added 3-6-2023 by Ord. No. 23-1795]

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Township of Hopewell (hereinafter "these regulations").

Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in subsection 12-2.2 of these regulations.

Purposes and Objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

Protect human life and health.

Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

Manage the alteration of natural floodplains, stream channels and shorelines;

Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

Contribute to improved construction techniques in the floodplain.

Minimize damage to public and private facilities and utilities.

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

Minimize the need for rescue and relief efforts associated with flooding.

10.

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

11.

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

12.

Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Hopewell administer and enforce the State building codes, the Township Committee of Township of Hopewell does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

Ordinary Building Maintenance and Minor Work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement subsection 12-2.3n of this section.

Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.

Violations and Penalties for Noncompliance. No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to the fines and penalties as set forth at Chapter 3, Section 3-1 of this Code, and in addition shall pay all costs and expenses involved in the case.

Each day in which a violation of this section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, fines and penalties as set forth at Chapter 3, Section 3-1 of this Code may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating this section within one year of the date of a previous violation of this section and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of this section.

Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 12-2.2 Applicability.

[Added 3-6-2023 by Ord. No. 23-1795]

General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

Establishment of Flood Hazard Areas. The Township of Hopewell was accepted for participation in the National Flood Insurance Program on June 15th, 1973.

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at Hopewell Township's Department of Community Development at 201 Washington Cross-Penn Rd, Titusville, NJ 08560.

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entititled Flood Insurance Study, Mercer County, New Jersey (All Jurisdictions) dated July 20, 2016 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 12-2.2(b)(1) whose effective date is July 20, 2016 are hereby adopted by reference.

Table 12-2.2(b)(1)
Map Panel#	Effective Date	Suffix	Map Panel #	Effective Date	Suffix
34021C0014	7-20-2016	F	34021C0107	7-20-2016	F
34021C0016	7-20-2016	F	34021C0108	7-20-2016	F
34021C0018	7-20-2016	F	34021C0109	7-20-2016	F
34021C0019	7-20-2016	F	34021C0111	7-20-2016	F
34021C0038	7-20-2016	F	34021C0112	7-20-2016	F
34021C0079	7-20-2016	F	34021C0113	7-20-2016	F
34021C0083	7-20-2016	F	34021C0116	7-20-2016	F
34021C0084	7-20-2016	F	34021C0117	7-20-2016	F
34021C0092	7-20-2016	F	34021C0126	7-20-2016	F
34021C0101	7-20-2016	F	34021C0127	7-20-2016	F
34021C0102	7-20-2016	F	34021C0128	7-20-2016	F
34021C0104	7-20-2016	F
34021C0106	7-20-2016	F

Federal Best Available Information. The Township of Hopewell shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 12-2.4(b)(2)
Map Panel #	Preliminary Date	Map Panel #	Preliminary Date
None as of the date of this section

Other Best Available Data. The Township of Hopewell shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information" deemed appropriate by the Township of Hopewell. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in subsections 12-2.2b1 and 12-2.2b2 above. This information shall be used for floodplain regulation purposes only.

State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in subsection 12-2.9, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 12-2.4(b)(4) List of State Studied Waters
Name of Studied Water	File Name	Map Number
Delaware Rv, Raritan Canal	L0000063	1
Bedens Bk	SUPPVIII01	1
Bedens Bk	SUPPVIII02	2
Bedens Bk	SUPPVIII03	3
Delaware Rv	SUPPVIII13	3
Delaware Rv	SUPPVIII14	4
Delaware Rv	SUPPVIII15	5
Delaware Rv	SUPPVIII16	6
Jacobs-Ewing Cks	SUPPVIII29	1
Jacobs-Ewing Cks	SUPPVIII30	2
Jacobs-Ewing Cks	SUPPVIII31	3
Stony Bk	SUPPVIII33	1
Stony Bk	SUPPVIII34	2
Stony Bk	SUPPVIII35	3
Stony Bk	SUPPVIII36	4
Stony Bk	SUPPVIII37	5
Stony Bk	SUPPVIII38	6
Stony Bk	SUPPVIII39	7
Stony Bk	SUPPVIII40	8
Stony Bk	U0000114	ST-1
Delaware Rv	L0000169p	01P
Delaware Rv	LMERCER6p
Delaware Rv	SUPPVIII19p	9

Establishing the Local Design Flood Elevation (LDFE). The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in subsection 12-2.2b, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section.

At a minimum, the Local Design Flood Elevation shall be as follows:

For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in subsection 12-2.2b, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or

For any undelineated watercourse (where mapping or studies described in subsections 12-2.2b1 or 12-2.2b2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:

(a)

A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

(b)

A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to subsection 12-2.5b and c.

AO Zones — For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.

Class IV Critical Facilities — For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.

Class III Critical Facilities — For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.

§ 12-2.3 Duties and Powers of the Floodplain Administrator.

[Added 3-6-2023 by Ord. No. 23-1795]

Floodplain Administrator Designation. The Director of Community Development is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to subsection 12-2.7 of these regulations.

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

Duties. The duties of the Floodplain Administrator shall include but are not limited to:

Review all permit applications to determine whether proposed development is located in flood hazard areas established in Subsection 12-2.2 of these regulations.

Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

Determine whether additional flood hazard data shall be obtained or developed.

Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.

Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to subsection 12-2.3n of these regulations.

Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to subsection 12-2.7 of these regulations.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

10.

Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

11.

Inspect development in accordance with subsection 12-2.6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

12.

Prepare comments and recommendations for consideration when applicants seek variances in accordance with subsection 12-2.7 of these regulations.

13.

Cite violations in accordance with subsection 12-2.8 of these regulations.

14.

Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Hopewell have been modified.

15.

Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in subsection 12-2.2(b).

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

Determination of Local Design Flood Elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or

Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in subsection 12-2.2b and c respectively. This information shall be provided to the Construction Official and documented according to Subsection 12-2.3o.

Requirement to submit new technical data. Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

Development in riparian zones. All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this section. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

Determine and include the costs of all ordinary maintenance and minor work, as discussed in subsection 12-2.2b, performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of 10 years prior to the permit application or substantial damage determination as specified in the definition of substantial improvement.

Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

§ 12-2.4 Permits.

[Added 3-6-2023 by Ord. No. 23-1795]

Permits Required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

Identify and describe the development to be covered by the permit.

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

Indicate the use and occupancy for which the proposed development is intended.

Be accompanied by a site plan and construction documents as specified in subsection 12-2.5 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

Be signed by the applicant or the applicant's authorized agent.

Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 12-2.5 Site Plans and Construction Documents.

[Added 3-6-2023 by Ord. No. 23-1795]

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with subsection 12-2.5b.

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with subsection 12-2.5b3 of these regulations.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

Extent of any proposed alteration of sand dunes.

Existing and proposed alignment of any proposed alteration of a watercourse.

Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

Analyses and certifications by a Licensed Professional Engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in subsection 12-2.5d of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in subsection 12-2.5d of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 12-2.6 Inspections.

[Added 3-6-2023 by Ord. No. 23-1795]

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in subsection 12-2.15b shall be submitted to the Construction Official on an Elevation Certificate.

Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in subsection 12-2.15b shall be submitted to the Construction Official on an Elevation Certificate.

Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in subection 12-2.15b.

Final inspection. Prior to the final inspection, certification of the elevation required in subsection 12-2.15b shall be submitted to the Construction Official on an Elevation Certificate.

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

§ 12-2.7 Variances.

[Added 3-6-2023 by Ord. No. 23-1795]

General. The Township Committee shall hear and decide requests for variances. The Township Committee shall base its determination on technical justifications submitted by applicants, the considerations for issuance in subsection 12-2.7e, the conditions of issuance set forth in subsection 12-2.7f, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Township Committee has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

Historic structures. A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in subsection 12-2.5c1 of these regulations.

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

The danger to life and property due to flooding or erosion damage.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

The importance of the services provided by the proposed development to the community.

The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

The compatibility of the proposed development with existing and anticipated development.

The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

10.

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, streets, and bridges.

Conditions for issuance. Variances shall only be issued upon:

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 12-2.8 Violations.

[Added 3-6-2023 by Ord. No. 23-1795]

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

Review Period to Correct Violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, fines and penalties as set forth at Chapter 3, Section 3-1 of this Code may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 12-2.9 Definitions.

[Added 3-6-2023 by Ord. No. 23-1795]

General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

Definitions.

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

AH ZONES

Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONES

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.

ACCESSORY STRUCTURE

Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

ALTERATION OF A WATERCOURSE

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual 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

See SPECIAL FLOOD HAZARD AREA.

ASCE 7

The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

ASCE 24

The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".

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 preliminary 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 AREA

The areal mapped extent associated with the most recent available preliminary 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 preliminary flood elevation 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.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION

A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL

A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "Critical Building" means that:

It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.

DEVELOPMENT

Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION — Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1

3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

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 in which the Federal Emergency Management Agency 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

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of inland or tidal waters.

(b)

The unusual and rapid accumulation or runoff of surface waters from any source.

(c)

Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in paragraph 1(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1(a) of this definition.

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.

FLOODPLAIN OR FLOOD PRONE AREA

Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

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.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

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.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP

As related to subsection 12-2.7 of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Township Committee requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

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:

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;

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;

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

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved State program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in States without approved programs.

LAWFULLY EXISTING

Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:

Prior to January 31, 1980; or

On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE — The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision

Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION

A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION - FILL

A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NON-RESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;

Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL

The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA

The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION

The Start of Construction is as follows:

For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, 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.

For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, 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 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 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. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.

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.

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

`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 IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place over a ten-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The period of accumulation includes the first improvement or repair of each structure that is subsequent to adoption of this section. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

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

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this section has been issued.

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

§ 12-2.10 Subdivisions and Other Developments.

[Added 3-6-2023 by Ord. No. 23-1795]

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

All such proposals are consistent with the need to minimize flood damage.

All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

Residential building lots shall be provided with adequate buildable area outside the floodway.

The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 12-2.11 Site Improvement.

[Added 3-6-2023 by Ord. No. 23-1795]

Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with subsection 12-2.5c1 of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If subsection 12-2.5c1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with subsection 12-2.15b of this section and the floodway requirements of N.J.A.C. 7:13.

Prohibited in floodways. The following are prohibited activities:

(a)

The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

(b)

Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

Limitations on Placement of Fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

Hazardous Materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

§ 12-2.12 Manufactured Homes.

[Added 3-6-2023 by Ord. No. 23-1795]

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in subsection 12-2.15b.

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of subsection 12-2.15b.

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in subsection 12-2.15b of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by subsection 12-2.15b, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 12-2.13 Recreational Vehicles.

[Added 3-6-2023 by Ord. No. 23-1795]

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of subsection 12-2.15b for habitable buildings and subsection 12-2.12c.

§ 12-2.14 Tanks.

[Added 3-6-2023 by Ord. No. 23-1795]

Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 12-2.15 Other Development and Building Work.

[Added 3-6-2023 by Ord. No. 23-1795]

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

Be located and constructed to minimize flood damage;

Meet the limitations of subsection 12-2.5c1 of this section when located in a regulated floodway;

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to subsection 12-2.2c;

Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;

Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to subsection 12-2.2c or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:

(a)

Specifically allowed below the Local Design Flood Elevation; and

(b)

Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.

Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.

Requirements for Habitable Buildings and Structures.

Construction and Elevation in A Zones not including Coastal A Zones.

(a)

No portion of a building is located within a V Zone.

(b)

No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

(c)

All new construction and substantial improvement of any habitable building (as defined in subsection 12-2.9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection 12-2.2c, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.

(d)

All new construction and substantial improvements of non-residential structures shall:

(1)

Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection 12-2.2c, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or

(2)

Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

(i)

Meets the requirements of ASCE 24 Chapters 2 and 7; and

(ii)

Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

(e)

All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

(1)

For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;

(2)

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of subsection 12-2-15b1(d)(2) are met;

(3)

Be constructed to meet the requirements of ASCE 24 Chapter 2;

(4)

Have openings documented on an Elevation Certificate; and

(5)

Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

(i)

The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

(ii)

The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

(iii)

The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;

(f)

For new construction or substantial improvements, enclosures shall be less than 295 square feet in size.

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of subsection 12-2.5c1 of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in subsection 12-2.7 of this section.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of subsection 12-2.5c1 of these regulations and N.J.A.C. 7:13.

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of subsection 12-2.5c1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

Roads and watercourse crossings.

For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.

Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of subsection 12-2.5c1 of these regulations.

§ 12-2.16 Temporary Structures and Temporary Storage.

[Added 3-6-2023 by Ord. No. 23-1795]

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of subsection 12-2.5c1 of these regulations.

§ 12-2.17 Utility and Miscellaneous Group U.

[Added 3-6-2023 by Ord. No. 23-1795]

Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in subsection 12-2.2c.

Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in subsection 12-2.2c and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with subsection 12-2.15b and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in subsection 12-2.2c.

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in subsection 12-2.2c.

Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 12-3 STREAM CORRIDOR PROTECTION.

§ 12-3.1 Definitions.

[Ord. #04-1328, § 2]

Definitions for this section are set forth in Chapter 17, Article X, Section 17-181 and are incorporated herein by reference.

§ 12-3.2 General Provisions.

[Ord. #04-1328, § 2]

Purposes. The purposes of the stream corridor protection provisions are to:

Assure that adequate water supply is available and maintain the long-term natural equilibrium of the ground and surface waters in Hopewell Township and in neighboring communities.

Improve and maintain the quality of the water supply and sustain diverse populations of aquatic flora and fauna.

Improve the currently impaired streams in the township.

Protect significant ecological components of stream corridors such as floodplains, woodlands, steep slopes and habitats for flora and fauna.

Minimize flood related damage to properties in the township and in neighboring communities.

Complement Federal, State, regional, county and municipal watershed, flood hazard and stream corridor protection and management programs.

Applicability. The stream corridor provisions apply to any land containing any portion of a stream corridor as defined in Chapter 17, Article X, Section 17-181. In the event that the requirements of Section 17-115 are not applicable, then the provisions of this chapter shall be applicable.

Activities Permitted in Stream Corridors. Stream corridors shall remain in their natural state and shall not be developed or disturbed, except for the following activities:

Any activity subject to regulation by the New Jersey Department of Environmental Protection under the New Jersey Freshwater Wetlands Protection Act.

Reconstruction of a valid nonconforming structure that predates the adoption of this section in the event of partial destruction by fire, natural hazards, or other acts of God, provided the reconstruction does not have a greater footprint or total area than that of the damaged structure and no change in land use occurs.[1]

[1]

Editor's Note: This section was adopted December 13, 2004 as Ordinance No. 04-1328.

Any use or related maintenance thereof that existed prior to the date of adoption of this section.

Any agricultural use or structure existing prior to the date of adoption of this section, but no new agricultural use or structure, except for fences, shall be permitted in a stream corridor, subject to approval by the New Jersey Department of Environmental Protection.

Existing stormwater management facilities located in stream corridors are permitted to remain in a stream corridor and may be expanded or modified in connection with an application for development in accordance with the requirements of the approving authority.

Surveying or activities for the purpose of establishing or re-establishing a boundary line or points, which use only hand-held equipment and do not involve the use of motorized vehicles to either clear vegetation or extract soil borings. The clearing of vegetation along the survey line or around the survey points shall not exceed three feet in width or diameter respectively and shall not be kept clear or maintained once the survey or delineation is completed.

Prohibited Activities. All activities not specifically permitted by the provisions of paragraph c above are prohibited. Prohibited activities include, but are not limited to, the following:

Alteration of watercourses and stream corridors by development or disturbance of any type.

Clearing or cutting of any vegetation, except for removal of dead vegetation, pruning for reasons of safety and harvesting of agricultural products.

Disposal of brush, debris or any solid or liquid waste.

Installation offences and sheds.

§ 12-3.3 Administration.

[Ord. #04-1328, § 2]

Stream Corridor Permit. A stream corridor permit shall be required before any prohibited activity is undertaken within any stream corridor as defined in Chapter 17, Article X, Section 17-181, provided that if the approving authority has considered an application for development involving a stream corridor, a stream corridor permit may not be sought for five years after the date of completion of the development.

Duties and Responsibilities of the Administrative Officer. The administrative officer shall be responsible for the issuance of stream corridor permits, in accordance with the procedures and standards set forth in subsections 12-3.4 and 12-3.5 below. The administrative officer shall consult with the township engineer with regard to engineering and technical issues.

Application for Stream Corridor Permit. Application for a stream corridor permit to allow prohibited activities to occur within stream corridors shall be made in accordance with the requirements of subsection 12-3.4 and subject to the considerations set forth in subsection 12-3.5.

Appeal Procedure. Appeals from determinations made by the administrative officer relative to the issuance of stream corridor permits may be made to the zoning board of adjustment in accordance with the requirements of subsection 12-3.7.

§ 12-3.4 Application for Stream Corridor Permit/Procedures.

[Ord. #04-1328, § 2]

Procedure. The following procedures shall govern the issuance of stream corridor permits:

The applicant shall file an application with the administrative officer to allow prohibited activities to occur within a stream corridor. Such application shall be on a form prescribed by the township and shall include a concept sketch drawn to scale showing the proposed development or disturbance. Based on the nature of the development or disturbance proposed, and in the reasonable discretion of the administrative officer and the township engineer, the applicant may be required to submit, in addition to the application and the concept sketch, 10 copies of a true and accurate plot plan, prepared by a qualified and licensed New Jersey professional, drawn to a scale of not less than one inch equals 50 feet. If required by the administrative officer or the township engineer in order to make an informed decision, the plot plan shall exhibit the following:

(a)

The exact size, shape, location and elevation of existing and proposed structures and of any fill, regrading or areas of disturbance;

(b)

Contour lines at intervals of not more than two feet;

(c)

The stream corridor for a delineated stream as defined in Chapter 17, Article X, Section 17-181;

(d)

The location of all improvements and disturbance proposed in the stream corridor; and

(e)

The extent of any proposed watercourse alterations.

The administrative officer shall review the submission and shall advise the applicant in writing within 30 days of submission if the application is incomplete and shall specify the items that are lacking. If the administrative officer does not notify the applicant that the application is incomplete, then the application shall be deemed to be complete.

Upon determining the application to be complete, the administrative officer shall refer the stream corridor permit application and all accompanying documents relative thereto to the environmental commission and the township engineer for review and comment. If necessary, the environmental commission shall appoint a subcommittee, consisting of less than an effective majority, in order to facilitate the prompt review of permit applications without requiring the application to await the next regularly scheduled meeting of the full commission. The commission or the subcommittee, jointly with the township engineer, shall review the application, and after giving the applicant an opportunity to be heard with respect thereto, shall provide their joint findings and recommendations in writing to the administrative officer utilizing the considerations for review set forth in subsection 12-3.5 below. The commission shall render its written report within 30 days of referral. Failure to do so without written consent to an extension of time by the applicant shall be deemed to constitute a report in favor of issuance of the permit and without recommendations or conditions.

After review of the consideration set forth in subsection 12-3.5 below and the joint recommendations made by the environmental commission or its subcommittee and the township engineer, the administrative officer may approve the stream corridor permit with or without conditions or may deny the stream corridor permit as deemed necessary to further the purpose of this section. The administrative officer shall make the final determination as to approval with or without conditions or denial of the requested stream corridor permit. Such final determination shall be forwarded in writing to the applicant. The administrative officer shall specify the reasons for the action taken.

If the stream corridor permit is approved, the administrative officer shall issue a permit to the applicant, but such permit shall not relieve the applicant from complying with other applicable laws and ordinances.

If the administrative officer fails to approve or deny the permit within 90 days after the date of submission of a complete application, or within such further time agreed to by the applicant in writing, the application shall be deemed to be approved.

§ 12-3.5 Considerations for Review of Stream Corridor Permits.

[Ord. #04-1328, § 2]

The administrative officer shall be guided by the following considerations in reviewing applications for stream corridor permits:

The standards used to grant a design waiver set forth at N.J.S.A. 40:55D-51 a and b, specifically whether the permit request is reasonable and within the general purpose and intent of the provisions of the section and whether the literal enforcement of the section is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The extent to which all necessary permits have been obtained from applicable Federal, State or local government agencies having jurisdiction.

The extent to which applicant will mitigate any encroachments into the stream corridor and rehabilitate any and all degraded or disturbed areas within the stream corridor and maintain the integrity of the surrounding habitat.

The extent to which the proposed activity, development or disturbance will measurably increase the danger of flood damage or negatively impact the ecology of the stream corridor.

In the event that the administrative officer grants a stream corridor permit, the stream corridor permit shall only allow the minimum encroachment necessary to afford relief.

Interpretation of Boundaries. The administrative officer, with the advice of the township engineer and subcommittee of the environmental commission, shall make interpretations, where needed, as to the exact location of the boundaries of the stream corridors, for example, where there appears to be a conflict between the mapped or proposed mapped boundaries and actual field conditions.

§ 12-3.6 Stream Corridor Averaging.

[Ord. #04-1328, § 2]

An applicant may undertake stream corridor averaging, as defined in Chapter 17, Article X, subsection 17-181. Stream corridor averaging shall only be permitted along the perimeter of retention basins. Stream corridor width may be reduced to a minimum of 25 feet for buildings or other structures or zero feet for dams, pedestrian walkways, walls, and any associated landscaped areas along the perimeter of a retention basin, provided, however, that the total length of stream corridor reduction is not greater than 40% of the length of the perimeter of the retention basin. For every stream corridor reduced in area along a retention basin, there shall be an equivalent increase in stream corridor area provided elsewhere along the perimeter of the retention basin.

§ 12-3.7 Appeal Procedure.

[Ord. #04-1328, § 2]

The zoning board of adjustment shall be designated as the agency to act as the appeal authority to hear and decide all appeals from the decision of the administrative officer.

Any applicant wishing to appeal the decision of the administrative officer relative to the issuance of a stream corridor permit, shall file a notice of appeal with the administrative officer within 20 days of receipt of the administrative officer's decision, specifying the grounds of such appeal. The administrative officer shall immediately transmit to the zoning board of adjustment all the documents constituting the record upon which the action appealed from was taken.

The zoning board of adjustment shall follow the requirements set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-70a et seq., relating to the appeal of the administrative officer's determination. However, the role of the zoning board of adjustment shall not be derived from the Municipal Land Use Law but shall be a function assigned to the zoning board of adjustment by this section as the agency to perform this appeal function.

The zoning board of adjustment shall render a decision no later than 120 days from the date of the notice of appeal. Failure of the board to render a decision within such 120-day period or within such further time as may be consented to by the applicant in writing shall constitute a decision favorable to the applicant.

Any person aggrieved by the decision of the administrative officer may appeal such decision directly to the Superior Court of New Jersey as provided by the laws of the State of New Jersey or may appeal the decision of the zoning board of adjustment, as the case may be.

§ 12-4 FOREST MANAGEMENT AND TREE REMOVAL.

§ 12-4.1 Intent and Purpose.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Trees are declared to be an important cultural, ecological, scenic and economic resource. Proper management of this resource will ensure its maintenance and result in economic returns. Forestry management is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for the continued use of forest resources by ensuring management of forest and trees through the application of sound management practices.

It shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees covered by this subchapter, except in accordance with the provisions of this section.

§ 12-4.2 Definitions.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

ADMINISTRATIVE OFFICER

Shall mean the individual appointed annually by the Township Committee who shall be responsible for the issuance of tree removal permits, in accordance with the procedures and standards set forth herein. The Administrative Officer shall consult with the Municipal Engineer with regard to engineering and technical issues. The Administrative Officer may consult with a Certified Tree Expert or Forester under contract with the Township Committee and the costs for said consultant shall be paid from the Tree Escrow Funds.

CALIPER: ANSI Z60 FOR NURSERY STOCK

Caliper is a type of diameter measurement used in the nursery industry. The height measurement shall be taken from ground level for field grown stock and from the soil line for container grown stock, which should be at or near the top of the root flare. Caliper measurement of the trunk shall be taken six inches above the top of root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the top of root flare. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic "slot" or "pincer" type caliper tools should be the average of the smallest and largest measurements.

COMMUNITY FORESTRY MANAGEMENT PLAN

Shall mean a plan developed by a municipality that outlines the goals and objectives for managing trees on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is to be approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service.

DIAMETER BREAST HEIGHT (DBH)

Shall mean the diameter of a tree measured 4 1/2 feet above the uphill/highest side.

DRIPLINE

Shall mean the line extending vertically from the exterior edge of a tree's live crown to the ground.

EROSION

Shall mean the detachment and movement of soil or rock fragments by water, ice, wind and gravity.

EXEMPT AREA

Shall mean the lot area as provided in this section for which tree replacement shall not be required.

FOREST MANAGEMENT PLAN

Shall mean a plan for the management of timbered or forested lands approved by the New Jersey Department of Environmental Protection, New Jersey Forest Service, or similar State or Federal agency.

OPEN SPACE

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

SPECIMEN TREE

Shall mean an individual tree that measures 60% or more of the circumference at breast height of a State Record Tree for that species.

STATE RECORD TREE

Shall mean the largest tree of each species found in New Jersey as listed on the NJ State Big Tree Register, available from the NJDEP Division of Parks & Forestry, State Forest Service, PO Box 404, Trenton, NJ 08625.

TREE

Shall mean any State Record Tree, Specimen Tree or any other woody perennial plant greater than 20 feet in height.

TREE ESCROW FUND

Shall mean a fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act P.L. 1996, chapter 135.

TREE EXPERT

Shall mean a Forester qualified by the State of New Jersey and having a minimum of five years' experience working in New Jersey, a Conservation Officer qualified by the State of New Jersey and having a minimum of five years' experience working in New Jersey or an arborist qualified by the State of New Jersey and having a minimum of five years' experience working in New Jersey.

TREE PLANTING PLAN

Shall mean a specific plan adopted by Hopewell Township for the location and placement of trees on public property.

TREE PRESERVATION AND REMOVAL PLAN

Shall mean a specific plan that contains tree locations and other information required by this section.

TREE REMOVAL PERMIT

Shall mean a permit issued by the Administrative Officer.

TREE REPLACEMENT PLAN

Shall mean a specific plan for replacement of removed trees in accordance with the provision of this subchapter.

§ 12-4.3 Applicability.

[Ord. No. 2012-1554 § 4; Ord. No. 2016-1642]

The terms and provisions of this section shall apply as follows:

It shall be unlawful for any person to remove or cause to remove trees above and beyond a combined total of 150 inches of DBH within a 10 year period unless a tree removal permit has first been obtained, (e.g. combined total of 150 inches of DBH equals 15 trees of 10 inches DBH; five trees of 30 inches DBH; 10 trees of 15 inches DBH; etc.)

It shall be unlawful for any person to remove or cause to remove trees which are State record trees or specimen trees unless a tree removal permit has first been obtained.

Exceptions. The provisions of this section shall not apply to the following:

Any property upon which no trees are located, as confirmed by a site visit of the Administrative Officer.

Any tree less than 10 inches DBH.

Any tree or trees removed or cut in accordance with a forest management plan, provided that such plan is filed with the Tax Assessor.

Any tree or trees removed or cut in accordance with an approved conservation plan prepared by the Soil Conservation District, provided that such plan has been filed with the Tax Assessor.

Any tree or trees planted and grown for commercial purposes on property used as a commercial nursery, tree farm, garden center, Christmas tree plantations or tree orchards.

Any tree located within or adjacent to an existing cleared area of an existing utility right-of-way/easement and required to be removed as part of a vegetation management plan for an existing utility as approved by the New Jersey Board of Public Utilities. All new utility construction, whether above or below ground and regardless of whether located within an existing or new right-of-way/easement, shall be subject to all requirements of this ordinance.

Clear area as established by the FAA for runway safety.

Weather emergencies such as hurricanes, fire, windstorm, ice storm, flood, freezing temperatures or other disaster.

Dead or diseased trees which are a hazard to persons or property.

10.

Qualified Right-To-Farm activities.

§ 12-4.4 Tree Removal Permits; General.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Any person wishing to obtain a tree removal permit shall make application to the Administrative Officer by filing a written application which shall include a Tree Preservation and Removal Plan and payment of application fees as set forth in Chapter 10. No application shall be considered without the payment of the required fees.

Removal of State record trees and specimen trees shall require approval of the Township Committee with consideration of recommendations by the Environmental Commission.

Where an application as required by this section has been submitted, no permit shall be issued until an application for a tree removal permit meeting all of the criteria of this section has been reviewed and approved by the Administrative Officer.

Where an application for a tree removal permit is made in connection with the construction of a building or other improvement, no building permits shall be issued until the tree removal permit has been issued.

All fees, including outstanding permit fees, inspection fees and tree escrow fund contributions, shall be paid prior to the issuance of the tree removal permit.

The Administrative Officer shall approve or deny the tree removal permit within 10 business days after receipt of a completed application and payment of application fees. An additional 10 business days shall be added to the review period if the Administrative Officer requests additional information as may reasonably be required to review a tree removal permit within the original review period.

A tree removal permit shall require the Administrative Officer to inspect the site from time to time to enforce the permit conditions. An inspection fee shall be paid as a condition of any tree removal permit in accordance with Chapter 10, Fees and Permits.

The Administrative Officer shall notify the applicant in writing of the factual basis and criteria for any denial.

The final decision of the Administrative Officer may be appealed to the Township Administrator by filing written notice within 10 days of the final decision. The Township Administrator shall issue its decision within 60 days after notice of appeal is filed. The Township Administrator may delegate its appeal responsibilities to the Environmental Commission. The Township Administrator's decision may be appealed to the Hopewell Township Committee who shall render a final decision within 45 days after a public hearing on the appeal.

§ 12-4.5 Tree Preservation and Removal Plan.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Tree preservation and removal plans shall contain the following minimum information. The Administrative Officer reserves the right to request additional information as may reasonably be required to review a tree removal permit:

The name and address of the applicant.

The name and address of the owner of the property from which the trees are to be removed.

The street address and lot and block of the property.

A certification from the lot owner that the applicant is specifically authorized to make the application for tree removal.

The shape and dimensions of the lot or parcel, including the location of all existing and proposed easements.

Tree removal plans shall consist of a tree location sketch containing at least the minimum amount of pertinent information to enable the determination of compliance with the regulations in this subchapter.

Tree preservation limits.

Limits of all tree protection with appropriate construction details.

All State record and specimen trees to be removed. The applicant shall provide documentation demonstrating that all reasonable efforts have been made to preserve State record and specimen trees, including, but not limited to, if feasible, relocation of existing and proposed infrastructure, roadways and buildings.

Tree replacement plan in accordance with this section. A tree replacement plan may be integrated with landscape plans submitted for other separate land use approvals.

A North arrow.

The location of existing and proposed infrastructure, roadways and buildings, if any.

Soils disturbed during any tree removal shall be stabilized in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

§ 12-4.6 Criteria for Issuance of Permits.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

The tree removal permit shall be approved by the Administrative Officer following his determination that the following criteria have been met:

A tree preservation and removal plan has been provided meeting all of the criteria in subsection 12-4.5;

A tree replacement plan has been provided meeting all of the criteria in subsection 12-4.9;

The Administrative Officer, after consultation with the Municipal Engineer, has determined that the proposed tree removal will NOT:

Result in additional stormwater runoff which will impact adjacent properties;

Create new erosion or will not require a soil erosion and sediment control plan approval by the Mercer County Soil Conservation District; or

Impair growth or impair development of remaining trees on the applicant's property or upon adjacent properties;

Create unusual dust or other nuisances during tree removal;

Cause damage to on or off site utilities including but not limited to wastewater discharge and treatment systems, water supply and distribution systems;

Result in dangerous or hazardous conditions.

§ 12-4.7 Term of Permit.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Approved tree removal permits shall be valid for a period not to exceed 12 calendar months from the date of issuance by the Administrative Officer and shall be conditioned upon payment of all permit and inspection fees. An extension may be granted by the Township Administrator for a period not to exceed three months for good cause shown. All work not completed within the term of permit or term of extension shall be the subject of a new application and the payment of new fees.

§ 12-4.8 Display of Permit and Right of Entry.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

The tree removal permit shall be prominently displayed on the site continuously while trees are being removed or replaced or work done as authorized by the tree removal permit and for 10 days thereafter.

All persons cutting or removing trees, if other than the applicant, shall carry with him/her authorization from the owner and applicant authorizing such person to cut or remove trees.

In the event that trees are being cut or removed in accordance with a forest management plan or a soil conservation plan, a copy of said plans shall be in the possession of the person cutting or removing such trees, if not the owner of the lot.

As a condition for the issuance of the permit, the applicant shall agree in writing to the entry onto his/her premises by the Administrative Officer or his designee as necessary to inspect the site in review of the application for a tree removal permit and to inspect the permitted tree removal work to effectuate the provisions of this chapter. Failure to allow such entry shall constitute a violation of the permit and this chapter.

§ 12-4.9 Tree Replacement Plan.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Unless deemed an exception by subsection 12-4.3c, trees to be removed shall be replaced in accordance with a tree replacement plan which shall be prepared in accordance with the following:

For each tree 10 inches in DBH or greater that is removed, the applicant shall prepare a replanting plan for other areas on the same tax lot which is subject to the tree removal.

Tree replacement on the subject tax lot to compensate for the tree removals shall be as follows:

Number and size of replacement trees to be used for each tree 10 inches in DBH or larger that is to be removed beyond a combined total of 150 inches DBH and replacement shall be as follows:

Diameter of Removed Trees at Breast Height in Inches	Number of Replacement Trees for Each Tree Removed	Caliper of Replacement Trees
Greater than 10 inches up to 16 inches	2	2 — 2 1/2 inches
Greater than 16 inches up to 23 inches	2	3 inches
Greater than 23 inches up to 30 inches	4	3 1/2 — 4 inches
Greater than 30 inches	5	3 1/2 — 4 inches

Tree replacement species shall be indigenous to the area and site.

Trees planted within other existing natural stands of trees on-site may be spaced five feet to 20 feet on center.

Unless otherwise set forth in this section, tree replacement shall follow the guidelines set forth in the "New Jersey No Net Loss Reforestation Act," P.L. 1993, c.106 (c:13:1L-14.2).

All proposed replacement tree species shall be selected from Trees For New Jersey Streets as published by the New Jersey Shade Tree Federation; Street Tree Factsheets, a publication of the Municipal Tree Restoration Program; and the adopted Hopewell Township Community Forestry Plan.

Tree replacement materials shall be provided in accordance with the standards set forth in ANSI Z60.1, American Standard for Nursery Stock.

Removal of State record trees or specimen trees requires approval of the Hopewell Township Committee. Replacement requirements for any State record tree or specimen tree approved to be removed shall be established by the governing body.

Credits for tree replacement shall be given on a one-to-one basis when one of the following conditions are proposed on the tree replacement plan:

Preservation of stands of 10 or more trees with a DBH of six inches or greater within the limit of the disturbance line. Credit will only be given for native trees located within the stand.

Preservation of one acre or more of on-site areas having stands of trees with a DBH of six inches or greater which are to be left in natural condition. Preservation shall be provided by a deed of conservation easement from the lot owner to Hopewell Township which deed shall be filed with the Mercer County Clerk's Office by the applicant as a condition of the tree removal permit after approval by the Township Committee. This credit excludes all previous dedicated easements.

Soils disturbed during tree replacement shall be stabilized in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

All replacement trees shall be maintained in healthy condition for no less than two years from the date of planting.

When the site in question cannot physically accommodate the total replacement amount of trees required by this section, as certified by the applicant and verified by the Administrative Officer, tree replacement may be accomplished by a contribution of the monetary value of non-replaced trees to the Township Tree Escrow Fund in an amount as set forth in Chapter 10, Fees and Permits. Payment shall be a condition of the tree removal permit.

§ 12-4.10 Tree Protection During Construction.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Prior to any tree removal protection shall be installed. Tree protection shall remain until tree removal is complete.

Tree protection shall be provided, as a minimum, in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

There shall be no wires or attachments to trees being protected.

Protection is required for any soil disturbance within the drip line of any tree not being removed.

Any trees damaged during construction must be inspected and treated if required in accordance with written guidance from a tree expert. If the damage is unable to be treated as certified by the tree expert the damaged tree shall be removed and replaced in accordance with this section.

No materials of any kind shall be stored and no construction machinery shall be placed within the drip line of any tree to be protected.

When the tree protection area is adjacent to street rights-of-way and utility easements, the location said street rights-of-way and utility easements shall be identified during construction.

§ 12-4.11 Tree Replacement Escrow Fund.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

A Tree Escrow Fund shall be established to receive and disburse replacement tree contributions. The primary purpose of the Tree Escrow Fund is to provide for the planting and maintenance of trees and shrubs on public property. The fund will also pay administrative costs to implement the provisions of this section, including but not limited to fees for processing of permits, site inspections, consultants, and supervision of tree replacements. Administrative costs imposed in accordance with this section shall not exceed 30% of the fund, as determined on an annual basis. Appropriations from the Tree Fund shall be authorized by the Township Committee in accordance with a municipal tree planting plan with consideration of recommendations made by the Environmental Commission. The Tree Escrow Fund shall be maintained by the Chief Financial Officer.

§ 12-4.12 Guarantees.

[Ord. No. 2016-1642]

Performance Guarantee. When a tree replacement plan is proposed as part of residential construction, compliance with the tree replacement plan shall be required prior to release of the final certificate of occupancy. When a tree replacement plan is part of non-residential construction or new utility construction a performance bond guaranteeing compliance with the tree replacement plan shall be provided to the Township. The performance guarantee shall be in a form and in an amount prescribed by the Municipal Land Use Law.

Maintenance Guarantee. When a tree replacement plan is proposed as part of residential construction, the two year maintenance obligation shall be required as a performance condition of the final certificate of occupancy. When a tree replacement plan is part of non-residential construction or new utility construction, a two year maintenance bond in the amount of 15% of the performance bond shall be provided to the township. The maintenance guarantee shall be in a form and in an amount prescribed by the Municipal Land Use Law.

§ 12-4.13 Violations and Penalties.

[Ord. No. 2012-1554; Ord. No. 2016-1642]

Any person, firm, partnership, corporation, association or other legal entity violating any of the provisions of this section shall, upon conviction of such violation be punished by a fine of up to $2,000 for each violation, in the discretion of the Judge before whom conviction may be had. Each illegally removed tree shall be considered a separate violation. Each violation of any of the provisions of this section and each day the same is violated shall be defined and taken to be a separate and distinct offense. In addition, the court may order restitution (fine and/or appraised value, whichever is greater) and/or replacement of the tree illegally removed.

In addition to other remedies, the Tree Specialist or other authorized official may institute any appropriate legal action to prevent a continuing violation of the terms of this section.