[Ord. No. 2007-09]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Borough Council of
Borough of South Bound Brook, of New Jersey does ordain as follows:
[Ord. No. 2007-09]
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood control
projects;
c. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
f. To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
g. To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
h. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 2007-09]
In order to accomplish its purposes, this chapter includes methods
and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c. Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
d. Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. No. 07-2009]
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
APPEAL
Shall mean a request for a review of the Building Construction
Officer's interpretation of any provision of this chapter or
a request for a variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO, AH, or VO zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a one percent annual
or greater chance of flooding to an average depth of one to three
feet where a clearly defined channel does not exist, where the path
of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Shall mean the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given
year.
BASE FLOOD
Shall mean the flood having a one percent chance of being
equaled or exceeded in any given year.
BASEMENT
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
BREAKAWAY WALL
Shall mean a wall that is not part of the structural support
of the building and is intended through its design and construction
to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or supporting foundation
system.
DEVELOPMENT
Shall mean any man made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within the
area of special flood hazard.
ELEVATED BUILDING
Shall mean a non-basement building (i) built in the case
of a building in an area of special flood hazard to have the top of
the elevated floor elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water, and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood up to the magnitude of the
base flood. In an area of special flood hazard "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters; and/or
b.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD INSURANCE RATE MAP (FIRM)
Shall mean the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
Shall mean the official report in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENT REGULATIONS
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain ordinance, grading ordinance and erosion control ordinance)
and other applications of police power. The term describes such State
or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
FLOODWAY
Means 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.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Shall mean any structure that is:
a.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c.
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
1.
By an approved State program as determined by the Secretary
of the Interior; or
2.
Directly by the Secretary of the Interior in States without
approved programs.
LOWEST FLOOR
Shall mean the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable non-elevation design requirements.
MANUFACTURED HOME
Shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle".
NEW CONSTRUCTION
Shall mean structures for which the start of construction
commenced on or after the effective date of a floodplain regulation
adopted by a community and includes any subsequent improvements to
such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of the flood plain management regulations
adopted by the municipality.
RECREATIONAL VEHICLE
Shall mean a vehicle which is [i] built on a single chassis;
[ii] 400 square feet or less when measured at the longest horizontal
projections; [iii] designed to be self-propelled or permanently towable
by a light duty truck; and [iv] designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348) includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation,
such as clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
STRUCTURE
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE
Shall mean damage of any origin sustained by a structure
whereby the cost of restoring the structure to its condition before
damage would equal or exceed 50 percent of the market value of the
structure before the damage occurred. Substantial damage also means
flood-related damages sustained by a structure on two or more separate
occasions during a 10-year period for which the cost of repairs at
the time of each flood event, on the average, equals or exceeds 25
percent of the market value of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure during a 10-year period, the cost
of which equals or exceeds 50 percent of the market value of the structure
before the "start of construction" of the improvement. Substantial
improvement also means cumulative substantial improvement. This term
includes structures which have incurred "substantial damage", regardless
of the actual repair work performed or repetitive loss. The term does
not, however, include either:
a.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
b.
Any alteration of a "historic structure" provided that the alteration
will not preclude the structure's continued designation as a
"historic structure".
VARIANCE
Shall mean a grant of relief from the requirements of this
chapter that permits construction in a manner that would otherwise
be prohibited by this chapter.
[Ord. No. 2007-09]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of South Bound Brook, Somerset
County, New Jersey.
[Ord. No. 2007-09]
The areas of special flood hazard for the Borough of South Bound
Brook, Community No. 340445, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a. A scientific and engineering report "Flood Insurance Study, Monmouth
County, New Jersey (All Jurisdictions)" dated September 28, 2007.
b. Flood Insurance Rate Map for Somerset County, New Jersey (All Jurisdiction)
as shown on Index and panel numbers 0166, 0167; whose effective date
is September 28, 2007.
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study and maps are on file
at 12 Main Street, South Bound Brook, NJ 08880-1491.
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[Ord. No. 2007-09]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Violation of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute an offense. Any person
who violates this chapter or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than ($500.00) or
imprisoned for not more than 30 days, or both, for each violation,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the Borough of South Bound
Brook from taking such other lawful action as is necessary to prevent
or remedy any violation.
[Ord. No. 2007-09]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 2007-09]
In the interpretation and application of this chapter, all provisions
shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the Governing Body; and
c. Deemed neither to limit nor repeal any other powers granted under
State statutes.
[Ord. No. 2007-09]
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
This chapter shall not create liability on the part of the Borough
of South Bound Brook, any officer or employee thereof or the Federal
Insurance Administration, for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made there
under.
[Ord. No. 2007-09]
A development permit shall be obtained before construction or
development begins within any area of special flood hazard established
in subsection 27-3.2. Application for a development permit shall be
made on forms furnished by the Building Construction Officer and may
include, but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area
in question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b. Elevation in relation to mean sea level to which any structure has
been flood proofed;
c. Certification by a registered professional engineer or architect
that the flood proofing methods for any nonresidential structure meet
the flood proofing criteria in subsection 21-5.2-2; and
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 2007-09]
The Building Construction Officer is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the Building Construction Officer shall include, but
not be limited to:
[Ord. No. 2007-09]
When base flood elevation and floodway data has not been provided in accordance with subsection
21-3.2, Basis for Establishing the Areas of Special Flood Hazard, Building Construction Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 21-5.2-1, Specific Standards, Residential Construction, and 21-5.2-2, Specific Standards, Nonresidential Construction.
[Ord. No. 2007-09]
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection
21-4.4.
In all areas of special flood hazards the following standards
are required:
[Ord. No. 2007-09]
All new construction and substantial improvements having fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A
minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other covering or devices provided that they permit the automatic
entry and exit of floodwaters.
[Ord. No. 2007-09]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection
21-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 21-4.3-2, Use of Other Base Flood Data, the following standards are required:
[Ord. No. 2007-09]
Located within areas of special flood hazard established in subsection
21-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b. If subsection
21-5.3a is satisfied, all new construction and substantial improvements must comply with Section
21-5. Provisions for Flood Hazard Reduction.
c. In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.