[Ord. No. 793]
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.
[Ord. No. 793]
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
a. Protect human life and health;
b. Minimize expenditure of public money for costly flood control projects;
c. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
d. Minimize prolonged business interruptions;
e. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
f. Help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
g. Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
h. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
[Ord. No. 793]
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c. Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
d. Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
e. Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. No. 793]
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 ordinance its most reasonable
application.
AH ZONE
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 ZONE
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.
APPEAL
A request for a review of the Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for
a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a 1% annual or greater chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a 1%
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1 A30, AE, A99, or AH.
BASE FLOOD
A flood having a 1% chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year. For zones VE and V1-30 the elevation
represents the stillwater elevation (SWEL) plus wave effect (BFE =
SWEL + wave effect) resulting from a flood that has a 1% or greater
chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
COASTAL A ZONE
The portion of the Special Flood Hazard Area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward Limit of
the Moderate Wave Action delineation. Where no V Zone is mapped the
Coastal A Zone is the portion between the open coast and the landward
Limit of the Moderate Wave Action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/Coastal High Hazard Areas.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
DEVELOPMENT
Any man made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building
in an Area of Special Flood Hazard, to have the top of the elevated
floor or, in the case of a building in a Coastal A Zone, to have the
bottom of the lowest horizontal structural member of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood 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. In Areas of Coastal A Zones
"elevated buildings" also includes a building otherwise meeting the
definition of "elevated building" even though the lower area is enclosed
by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
FLOOD INSURANCE RATE MAP (FIRM)
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)
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 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 and/or
b.
The unusual and rapid accumulation or runoff of surface waters
from any source.
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.
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
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:
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.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
Inland limit of the area affected by waves greater than 1.5
feet during the Base Flood. Base Flood conditions between the V Zone
and the LiMWA will be similar to, but less severe than those in the
V Zone.
LOWEST FLOOR
The lowest floor of the lowest enclosed area [including basement].
An unfinished or flood resistant enclosure, useable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided
that such enclosure is not built so to render the structure in violation
of other applicable non-elevation design requirements of 44 CFR Section
60.3.
MANUFACTURED HOME
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
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
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
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.
SAND DUNES
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
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
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 condition before damage 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, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either:
a.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
b.
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
VARIANCE
A grant of relief from the requirements of this ordinance
that permits construction in a manner that would otherwise be prohibited
by this ordinance.
VIOLATION
The failure of a structure or other development to be fully
compliant with this ordinance. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 60.3(b)(5),
(c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Ord. No. 793]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Hopewell, Mercer County,
New Jersey.
[Ord. No. 793]
The areas of special flood hazard for the Borough of Hopewell,
Mercer County, Community No. 340248, are identified and defined on
the following documents prepared by the Federal Emergency Management
Agency:
a. A scientific and engineering report "Flood Insurance Study, Mercer
County, New Jersey (All Jurisdictions)" dated July 20, 2016.
b. "Flood Insurance Rate Map for Mercer County, New Jersey (All Jurisdictions)"
as shown on Index and Panel 19 of 276, whose effective date is July
20, 2016.
The above documents are hereby adopted and declared to be a
part of this ordinance. The Flood Insurance Study, maps and advisory
documents are on file at the Hopewell Borough Municipal Building,
88 East Broad Street, Hopewell, New Jersey.
[Ord. No. 793]
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the penalty provisions as set forth in Section
3-11 the Revised General Ordinances, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Hopewell, from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 793]
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. 793]
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. 793]
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 Hopewell, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
[Ord. No. 793]
A Development Permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Section
14-2. Application for a Development Permit shall be made on forms furnished by the Flood Plain Administrator and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b. Elevation in relation to mean sea level to which any structure has
been floodproofed.
c. Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in section 14-5.2.2; and,
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 793]
The Flood Plain Administrator and Planning Board are hereby
appointed to administer and implement this chapter in accordance with
its provisions.
[Ord. No. 793]
Duties and responsibilities of the Flood Plain Administrator
shall include, but not be limited to:
[Ord. No. 793]
When base flood elevation and floodway data has not been provided in accordance with subsection
14-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Flood Plain Administrator 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
14-6.2.1, Specific Standards, Residential Construction, and 14-6.2.2, Specific Standards, Nonresidential Construction.
[Ord. No. 793]
Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in Section 4.4.
Duties of the Planning Board shall include, but not be limited
to:
[Ord. No. 793]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
[Ord. No. 793]
All new construction and substantial improvements having fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A
minimum of two openings in at least two exterior walls of each enclosed
area, having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, or other covering
or devices provided that they permit the automatic entry and exit
of floodwaters.
[Ord. No. 793]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection
14-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection
14-4.3.2, Use of Other Base Flood Data, the following standards are required:
[Ord. No. 793]
In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE zone (for Coastal A Zone construction see subsection
14-6.4 Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities either:
a. Elevated to or above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
b. Require within any AO or AH zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus one foot,
above the highest adjacent grade (at least three feet if no depth
number is specified). And, require adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures; or
c. Be floodproofed so that below the base flood level plus one foot
or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive,
the structure is watertight with walls substantially impermeable to
the passage of water;
d. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
e. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection
14-4.3.3 b,2.
[Ord. No. 793]
Located within areas of special flood hazard established in subsection
14-3.2 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
14-6.3a is satisfied, all new construction and substantial improvements must comply with Section
14-6 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 accumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
[Ord. No. 793]
Coastal A Zones are located within the areas of special flood hazard established in subsection
14-3.2. These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:
[Ord. No. 793]
Prohibit man-made alteration of sand dunes within Coastal A
Zones on the community's DFIRM which would increase potential
flood damage.
[Ord. No. 793]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Ord. No. 793]
This chapter shall be effective upon publication and in accordance
with State law and shall remain in force until modified, amended or
rescinded by Borough Council of the Borough of Hopewell, Mercer County,
New Jersey.