[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 93-29.
[Ord. #18-2006, § 1.1]
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 Township Council
of the Township of Scotch Plains, of New Jersey does ordain as follows.
[Ord. #18-2006, § 1.2]
a.
The flood hazard areas of the Township of Scotch Plains are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
b.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Ord. #18-2006, § 1.3]
It is the purpose of this article 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 insure 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. #18-2006, § 1.4]
In order to accomplish its purposes, this article 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. #18-2006, § 2.0; Ord. No.
2016-24 § 2]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
Shall mean areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base Flood Elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
Shall mean areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
Shall mean a request for a review of the construction code
official's interpretation of any provision of this article or a request
for a variance.
Shall mean a designated AO or AH Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one percent annual or greater
chance of flooding to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Shall mean land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
It is shown on the FIRM as Zone V, VE, V1-30, A, AO, Al -A30, AE,
A99, or AH.
Shall mean a flood having a one percent chance of being equaled
or exceeded in any given year.
Shall mean 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 one-percent or
greater chance of being equaled or exceeded in any given year. For
zones VE and V1-30 the elevation represents the stillwater elevation
(SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from
a flood that has a one-percent or greater chance of being equaled
or exceeded in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
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.
Shall mean 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.
Shall mean 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.
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.
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.
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 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.
Shall mean the process of the gradual wearing away of land
masses.
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted
by a community.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
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.
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.
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Shall mean any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Shall mean 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.
Shall mean 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.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed or existing walls of a
structure.
Shall mean 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:
Shall mean 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.
Shall mean the lowest floor of the lowest enclosed area [including
basement]. An unfinished or flood resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable non-elevation design requirements
of 44 CFR Section 60.3.
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."
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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.
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of the floodplain management regulations
adopted by the municipality.
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.
Shall mean naturally occurring or man-made accumulations
of sand in ridges or mounds landward of the beach.
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.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank that is principally above ground.
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.
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds
50 percent 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:
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."
Shall mean a grant of relief from the requirements of this
article that permits construction in a manner that would otherwise
be prohibited by this article.
Shall mean the failure of a structure or other development
to be fully compliant with this article. 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. #18-2006, § 3.1]
This article shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Scotch Plains, Union County,
New Jersey.
[Ord. #18-2006, § 3.2]
The areas of special flood hazard for the Township of Scotch
Plains, Community No. 340474, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Union
County, New Jersey (all jurisdictions)" dated September 20, 2006.
b.
Flood Insurance Rate Map for Union County, New Jersey (all jurisdictions)
as shown on Index and panel numbers 0018, 0019, 0028, 0029, 0030,
0031, 0040, 0041, 0042; whose effective date is September 20, 2006.
The above documents are hereby adopted and declared to be a
part of this article. The Flood Insurance Study and maps are on file
at Municipal Bldg., 430 Park Avenue, Scotch Plains, NJ 07076.
[Ord. #18-2006, § 3.3; Ord. No.
2016-24 § 2]
No structure or land shall hereafter be constructed, relocated,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violation of the
provisions of this article 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 article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $1,000 or imprisoned
for not more than ten 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 Township of Scotch Plains from taking
such other lawful action as is necessary to prevent or remedy any
violation.
[Ord. #18-2006, § 3.4]
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. #18-2006, § 3.5]
In the interpretation and application of this article, all provisions
shall be:
[Ord. #18-2006, § 3.6]
The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the Township
of Scotch Plains, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this article or any administrative decision lawfully made thereunder.
[Ord. #18-2006, § 4.1]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 16-3.2. Application for a development permit shall be made on forms furnished by the construction official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
a.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure has
been floodproofed.
c.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 16-5.2b; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. #18-2006, § 4.2]
The construction code official, with the assistance of the Township
Engineer is hereby appointed to administer and implement this article
by granting or denying development permit applications in accordance
with its provisions.
[Ord. #18-2006, § 4.3; Ord. No.
2016-24 § 4]
Duties of the construction code official shall include, but
not be limited to:
a.
Permit Review.
1.
Review all development permits to determine that the permit requirements
of this article have been satisfied.
2.
Review all development permits to determine that all necessary permits
have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
3.
Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of subsection 16-5.3a are met.
4.
Review all development permits in the Coastal A Zone area of the
area of special flood hazard to determine if the proposed development
alters the terrain or sand dunes so as to increase potential flood
damage.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 16-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Township Engineer 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 16-5.2a, Specific Standards, Residential Construction, and 16-5.2b, Specific Standards, Nonresidential Construction.
c.
Information to Be Obtained and Maintained.
1.
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
3.
In Coastal A Zone areas, certification shall be obtained from a registered
professional engineer or architect that the provisions of 16-5.4b1
and 16-5.4b2(a) and (b) are met.
4.
Maintain for public inspection all records pertaining to the provisions
of this article.
d.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Floodplain Management Section and the Land Use Regulation
Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration.
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
e.
Substantial Damage Review.
1.
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
2.
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
f.
Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 16-4.4.
[Ord. #18-2006, § 4.4]
a.
Appeal Board.
1.
The floodplain appeal board as established by Township of Scotch
Plains shall hear and decide appeals and requests for variances from
the requirements of this article.
2.
The floodplain appeal board shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the construction code official in the enforcement or administration
of this article.
3.
Those aggrieved by the decision of the floodplain appeal board, or
any taxpayer, may appeal such decision to the Township council.
4.
In passing upon such applications, the floodplain appeal board shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
5.
Upon consideration of the factors of subsection 16-4.4a,4 and the purposes of this article, the floodplain appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
6.
The construction official shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
b.
Conditions for Variances.
1.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (a)—(k) in subsection
16-4.4a4 have been fully considered. As the lot size increases beyond
the one-half acre, the technical justification required for issuing
the variance increases.
2.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public as identified in subsection 16-4.4a4, or conflict with
existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
[Ord. No. 18-2006 § 5.1; Ord. No. 2016-24 § 4]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
a.
Anchoring.
1.
All new construction to be placed or substantially improved and substantial
improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
2.
All manufactured homes to be placed or substantially improved shall
be anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind
forces.
b.
Construction Materials and Methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
For all new construction and substantial improvements the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Subdivision Proposals.
1.
All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
2.
All subdivision proposals and other proposed new development shall
have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
3.
All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
4.
Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contain at least 50 lots
or five acres (whichever is less).
e.
Enclosure Openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area, having a total net area of not less than one
square inch for every, square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other covering or devices provided that they permit the automatic
entry and exit of floodwaters.
[Ord. No. 18-2006 § 5.2; Ord. No. 2016-24 § 4]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 16-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 16-4.3b., Use of Other Base Flood Data, the following standards are required:
a.
Residential Construction.
2.
New construction and substantial improvement of any residential structure
located in an A or AE Zone shall have the lowest floor, including
basement together with the attendant utilities and sanitary facilities,
elevated at or above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
3.
Require within any AO or AH Zone on the municipality's FIRM that
all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified).
And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
b.
Nonresidential Construction. In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see subsection 16-5.4 Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
1.
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;
2.
Or:
(a)
Be flood proofed 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;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
(c)
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 16-4.3c2(b).
c.
Manufactured Homes.
1.
Manufactured homes shall be anchored in accordance with subsection
16-5.a,2.
2.
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimin flood damage,
(b)
Be constructed to minimize flood damage,
(c)
Have adequate drainage provided to reduce exposure to flood
damage; and,
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
[Ord. No. 18-2006 § 5.3; Ord. No. 2016-24 § 4]
Located within areas of special flood hazard established in subsection 16-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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.
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. 2016-24 § 4]
Coastal A Zones are located within the areas of special flood hazard established in subsection 16-3.2. These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:
b.
Construction Methods.
1.
Elevation.
All new construction and substantial improvements hall be elevated
on piling or columns so that:
(a)
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the base flood elevation plus one foot, or as required by ASCE/SEI
24-14, Table 4-1, whichever is more restrictive, and
(b)
With all space below the lowest floor's supporting member open
so as not to impede the flow of water, except for breakaway walls
as provided or in subsection 16-5b4.
2.
Structural Support.
(a)
All new construction and substantial improvements shall be securely
anchored on piling or columns
(b)
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values each of which
shall have a one percent chance of being equaled or exceeded in any
given year (one-hundred-year mean recurrence interval).
(c)
Prohibit the use of fill for structural support of buildings
within Coastal A Zones on the community's FIRM.
3.
Certification. A registered professional engineer or architect shall
develop or review the structural design specifications and plans for
the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for compliance with the provisions of subsection 16-5.4b1
and 16-5.4b2(a) and (b).
4.
Space Below the Lowest Floor.
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this article shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this section.
(b)
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the base flood elevation provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than ten and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading of 20 pounds per square foot
(either by design or when so required by local or State codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions.
(1)
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
(2)
The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water load acting simultaneously
on all building components (structural and non-structural). Water
loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State
or local building standards.
(c)
If breakaway walls are utilized, such enclosed space shall be
used solely for parking of vehicles, building access, or storage and
not for human habitation.
(d)
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Code Official or Building Subcode Official
for approval.
c.
Sand Dunes.
Prohibit man-made alteration of sand dunes within Coastal A
Zones on the community's DFIRM which would increase potential flood
damage.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 96-21 and Ordinance No. 5-2008.
[Added 7-20-2021 by Ord.
No. 2021-14]
a.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction through green infrastructure, nonstructural or low-impact
techniques shall be explored before relying on structural BMPs. Structural
BMPs should be integrated with nonstructural stormwater management
strategies and proper maintenance plans. Nonstructural strategies
include both environmentally sensitive site design and source controls
that prevent pollutants from being placed on the site or from being
exposed to stormwater. Source control plans should be developed based
upon physical site conditions and the origin, nature, and the anticipated
quantity or amount of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for minor development and major development, as defined in Subsection 16-20.2.
d.
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute, or other provision of
law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 7-20-2021 by Ord.
No. 2021-14]
All terms in this section shall be defined in the NJDEP Stormwater
Rule (N.J.A.C. 7:8 et seq.). The following additional terms are defined
for this section only.
Any development that creates an increase of less than 1,000
square feet of impervious area and disturbs less than 4,000 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsections b and c above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
|
[Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of the conditions in Subsections a, b, c or d above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.]
|
Any development that results in the creation of an increase
of 1,000 square feet or more of impervious area or one that disturbs
more than 4,000 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
[Added 7-20-2021 by Ord.
No. 2021-14]
a.
Exempt developments. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
b.
Minor developments. Minor developments shall be designed to include
the following stormwater management measures:
1.
Water quality. Soil erosion and sediment control measures shall be
installed in accordance with the standards for soil erosion and sediment
control in New Jersey.
2.
Rate/volume control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone, and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
c.
Major developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C.
7:8). These standards shall apply to all projects, residential and
nonresidential as well as projects by the Township, Board of Education
and other agencies subject to review by the Township.
[Added 7-20-2021 by Ord.
No. 2021-14]
a.
Standards for relief. Waivers from strict compliance with the design
standards shall only be granted upon showing that meeting the standards
would result in an exceptional hardship on the applicant or that the
benefits to the public good of the deviation from the standards would
outweigh any detriments of the deviation. A hardship will not be considered
to exist if reasonable reductions in the scope of the project would
eliminate the noncompliance.
b.
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the relief required. The mitigation
project may be taken from the list of projects in the municipal stormwater
management plan. All mitigation projects are subject to the approval
of the Township Engineer or Land Use Board Engineer.
c.
Reviewing agency. All applications subject to the review of the Land
Use Board shall be reviewed by the Board concurrently with subdivision
or site plan review. Applications not subject to Land Use Board review
shall be reviewed by the Township Engineer.
d.
Appeals. The appeal of the determination of the Township Engineer
or Land Use Board shall be made in accordance with N.J.S.A. 40:55D-70a.
[Added 7-20-2021 by Ord.
No. 2021-14]
There shall be no additional fees for stormwater review for
applications to the Planning Board or Board of Adjustment. Minor development
applications to the Township Engineer shall be accompanied by a review
fee in the amount of $250. Major development applications shall be
accompanied by a review fee in the amount of $1,000. If a project
is approved, an inspection escrow deposit shall be made in an amount
to be determined by the Township's contract with the Engineer.
[Added 7-20-2021 by Ord.
No. 2021-14]
b.
General maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume
this responsibility, or of the developer's obligation to dedicate
a stormwater management facility to such person under an applicable
ordinance or regulation.
3.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project.
4.
If the person responsible for maintenance identified under § 16-20.6b2 above is not a public agency, the maintenance plan and any future revisions based on § 16-20.6b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5.
Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including repairs
or replacement to the structure; removal of sediment, debris, or trash;
restoration of eroded areas; snow and ice removal; fence repair or
replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
6.
The person responsible for maintenance identified under § 16-20.6b2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
7.
The person responsible for maintenance identified under § 16-20.6b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
10.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person.
c.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 7-20-2021 by Ord.
No. 2021-14]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to one or more of the following penalties:
imprisonment for a term not exceeding 90 days; a fine not exceeding
$2,000; and a period of community service not to exceed 90 days.
[Ord. #19-2006, § I]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township
of Scotch Plains, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #19-2006, § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Scotch Plains, unless
that discharge is authorized under a NJPDES permit other than the
Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Scotch Plains or other public body,
and is designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides,
or biocides to control fouling of equipment such as heat exchangers,
and/or corrosion inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #19-2006, § III]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Scotch Plains any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #19-2006, § IV]
This section shall be enforced by the police department and/or
Code Enforcement Officer of the Township of Scotch Plains.
[Ord. #19-2006, § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
