[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 2-7-2023 by Ord. No. O:2023-01[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 318,
Flood Damage Prevention, adopted 7-5-2011 by Ord. No. O:2011-13.
A.
Title. These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the Floodplain Management Regulations of the Town
of Phillipsburg (hereinafter "these regulations").
B.
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in § 318-2 of these regulations.
C.
Purposes and objectives. The purposes and objectives of these regulations
are to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
(1)
Protect human life and health.
(2)
Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
(3)
Manage the alteration of natural floodplains, stream channels and
shorelines.
(4)
Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
(5)
Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
(6)
Contribute to improved construction techniques in the floodplain.
(7)
Minimize damage to public and private facilities and utilities.
(8)
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
(9)
Minimize the need for rescue and relief efforts associated with flooding.
(10)
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
(11)
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
(12)
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 Code of Federal
Regulations, Section 59.22.
D.
Coordination with building codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that the Town of
Phillipsburg administer and enforce the state building codes, the
Town Council of Town of Phillipsburg does hereby acknowledge that
the Uniform Construction Code contains certain provisions that apply
to the design and construction of buildings and structures in flood
hazard areas. Therefore, these regulations are intended to be administered
and enforced in conjunction with the Uniform Construction Code.
E.
Ordinary building maintenance and minor work. Improvements defined
as ordinary building maintenance and minor work projects by the Uniform
Construction Code including non-structural replacement-in-kind of
windows, doors, cabinets, plumbing fixtures, decks, walls, partitions,
new flooring materials, roofing, etc. shall be evaluated by the Floodplain
Administrator through the floodplain development permit to ensure
compliance with the substantial damage and substantial improvement
§ 318-N of this chapter.
F.
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
G.
Other laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
H.
Violations and penalties for noncompliance.
(1)
No structure or land shall hereafter be constructed, relocated to,
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 a violation under N.J.S.A.
40:49-5. Any person who violates this chapter or fails to comply with
any of its requirements shall be subject to one or more of the following:
a fine of not more than $1,250 imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days.
(2)
Each day in which a violation of an ordinance exists shall be considered
to be a separate and distinct violation subject to the imposition
of a separate penalty for each day of the violation as the court may
determine except that the owner will be afforded the opportunity to
cure or abate the condition during a thirty-day period and shall be
afforded the opportunity for a hearing before the court for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if the court has not determined otherwise, or if upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
(3)
Any person who is convicted of violating an ordinance within one
year of the date of a previous violation of the same ordinance and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
(4)
Solid waste disposal in a flood hazard area. Any person who has unlawfully
disposed of solid waste in a floodway or floodplain who fails to comply
with this chapter or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,500 or up
to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A.
40:49-5.
I.
Abrogation and greater restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
A.
General. These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
B.
Establishment of flood hazard areas.
(1)
The Town of Phillipsburg was accepted for participation in the National
Flood Insurance Program on January 16, 1981.
(2)
The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all federal, state, and local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA Special Flood Hazard Area. Maps
and studies that establish flood hazard areas are on file at the Town
of Phillipsburg Municipal Building located in office of the Clerk
and Floodplain Administrator.
(3)
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the best available flood hazard
data area:
(a)
Effective flood insurance study. Special Flood Hazard Areas
(SFHAs) identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled "Flood Insurance Study
Warren County, New Jersey (All Jurisdictions)" dated September 29,
2011 and the accompanying Flood Insurance Rate Maps (FIRM) identified
in Table 102.2(1) whose effective date is September 29, 2011 are hereby
adopted by reference.
|
Table 102.2(1)
| ||
|---|---|---|
|
Map Panel #
|
Effective Date
|
Suffix
|
|
34041C0297
|
9-29-2011
|
E
|
|
34041C0283
|
9-29-2011
|
E
|
|
34041C0287
|
9-29-2011
|
E
|
|
34041C0291
|
9-29-2011
|
E
|
(b)
Federal best available information. Town of Phillipsburg shall
utilize federal flood information as listed in the table below that
provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include but is not limited to preliminary flood
elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps,
Work Maps or Preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this chapter must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 102.2(2)
| |
|---|---|
|
Map Panel #
|
Preliminary Date
|
|
None as of the date of this chapter
| |
(c)
Other best available data. Town of Phillipsburg shall utilize
high water elevations from flood events, groundwater flooding areas,
studies by federal or state agencies, or other information deemed
appropriate by the Town of Phillipsburg. Other "best available information"
may not be used which results in less restrictive flood elevations,
design standards, or smaller flood hazard areas than the sources described
in Section 102.2(1) and (2), above. This information shall be used
for floodplain regulation purposes only.
(d)
State regulated flood hazard areas. For state regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in § 318-9, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table 102.2(3) List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Delaware River
|
L0000078p
|
04P
|
|
Lopatcong Creek
|
L0000113p
|
02P
|
|
Delaware River
|
L0000114p
|
01P
|
|
Lopatcong Creek
|
L0000174p
|
06P
|
|
Lopatcong Creek
|
L0000176p
|
04P
|
|
Lopatcong Creek
|
L0000177p
|
03P
|
|
Delaware River
|
L0000178p
|
02P
|
|
Delaware River
|
L0000179p
|
01P
|
|
Delaware River
|
L0000008
|
29
|
|
Delaware River
|
L0000009
|
28
|
|
Dry Run
|
L0000013
|
27.1A
|
|
Lopatcong Creek, Dry Run
|
L0000015
|
27.1
|
|
Delaware River, Lopatcong Creek
|
L0000016
|
27
|
|
Delaware River
|
L0000017
|
26
|
C.
Establishing the Local Design Flood Elevation (LDFE).
(1)
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in § 318-2B, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this chapter.
(2)
At a minimum, the Local Design Flood Elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with
the best available flood hazard data area determined in § 535-2B
above plus one foot or as described by N.J.A.C. 7:13 of freeboard;
or
(b)
For any undelineated watercourse [where mapping or studies described
in Tables 102.2(1) and (2) above are not available] that has a contributory
drainage area of 50 acres or more, the applicants must provide one
of the following to determine the Local Design Flood Elevation:
[1]
A copy of an unexpired NJDEP Flood Hazard Area Verification
plus one foot of freeboard and any additional freeboard as required
by ASCE 24; or
[2]
A determination of the Flood Hazard Area Design Flood Elevation
using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one
foot of freeboard and any additional freeboard as required by ASCE
24. Any determination using these methods must be sealed and submitted
according to § 318-5B(3).
(c)
AO zones. For Zone AO areas on the municipality's FIRM
(or on preliminary flood elevation guidance from FEMA), the Local
Design Flood Elevation is determined from the FIRM panel as the highest
adjacent grade plus the depth number specified plus one foot of freeboard.
If no depth number is specified, the Local Design Flood Elevation
is three feet above the highest adjacent grade.
(d)
Class IV critical facilities. For any proposed development of
new and substantially improved Flood Design Class IV Critical Facilities,
the Local Design Flood Elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the Flood Hazard Area Design
Flood Elevation with an additional two feet of freeboard in accordance
with ASCE 24.
(e)
Class III critical facilities. For proposed development of new
and substantially improved Flood Design Class III Critical Facilities
in coastal high hazard areas, the Local Design Flood Elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the Flood Hazard Area Design Flood Elevation with an additional
one foot of freeboard in accordance with ASCE 24.
A.
Floodplain Administrator designation. The Construction Official is
designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
B.
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 318-7 of these regulations.
C.
Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
D.
Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
(1)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 318-2 of these regulations.
(2)
Require development in flood hazard areas to be reasonably safe from
flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
(3)
Interpret flood hazard area boundaries and provide available flood
elevation and flood hazard information.
(4)
Determine whether additional flood hazard data shall be obtained
or developed.
(5)
Review required certifications and documentation specified by these
regulations and the building code to determine that such certifications
and documentations are complete.
(6)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 318-3N of these regulations.
(7)
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
(8)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to § 318-7 of these regulations.
(9)
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
(10)
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
(11)
Inspect development in accordance with § 318-6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(12)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 318-7 of these regulations.
(14)
Notify the Federal Emergency Management Agency when the corporate
boundaries of Town of Phillipsburg have been modified.
E.
Use of changed technical data. The Floodplain Administrator and the
applicant shall not use changed flood hazard area boundaries or base
flood elevations for proposed buildings or developments unless the
Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
F.
Other permits. It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act. In the event of conflicting permit
requirements, the Floodplain Administrator must ensure that the most
restrictive floodplain management standards are reflected in permit
approvals.
G.
Determination of local design flood elevations.
(1)
If design flood elevations are not specified, the Floodplain Administrator
is authorized to require the applicant to:
(a)
Obtain, review, and reasonably utilize data available from a
federal, state, or other source, or
(b)
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
(2)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 318-2B and C respectively. This information shall be provided to the Construction Official and documented according to § 318-3O.
H.
Requirement to submit new technical data. Base flood elevations may
increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with Title 44 Code of Federal Regulations Section
65.3. Such a submission is necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements will be based upon current
data.
I.
Activities in riverine flood hazard areas. In riverine flood hazard
areas where design flood elevations are specified but floodways have
not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 feet at
any point within the community.
J.
Floodway encroachment. Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land-disturbing-activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
(1)
Floodway revisions. A floodway encroachment that increases the level
of the base flood is authorized if the applicant has applied for a
conditional letter of map revision (CLOMR) to the Flood Insurance
Rate Map (FIRM) and has received the approval of FEMA.
K.
Watercourse alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
(1)
Engineering analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
L.
Alterations in coastal areas. The excavation or alteration of sand
dunes is governed by the New Jersey Coastal Zone Management (CZM)
rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
M.
Development in riparian zones. All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this chapter unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other floodplain development provisions of this chapter. The width
of the riparian zone can range between 50 feet and 300 feet and is
determined by the attributes of the waterbody and designated in the
New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion
of the riparian zone located outside of a regulated water is measured
landward from the top of bank. Applicants can request a verification
of the riparian zone limits or a permit applicability determination
to determine state permit requirements under N.J.A.C. 7:13 from the
NJDEP Division of Land Resource Protection.
N.
Substantial improvement and substantial damage determinations. When
buildings and structures are damaged due to any cause including but
not limited to man-made, structural, electrical, mechanical, or natural
hazard events, or are determined to be unsafe as described in N.J.A.C.
5:23; and for applications for building permits to improve buildings
and structures, including alterations, movement, repair, additions,
rehabilitations, renovations, ordinary maintenance and minor work,
substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Construction Official, shall:
(1)
Estimate the market value, or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market
value of the building or structure before the start of construction
of the proposed work; in the case of repair, the market value of the
building or structure shall be the market value before the damage
occurred and before any repairs are made.
(2)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 318-2B performed in the floodplain regulated by this chapter in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(3)
Compare the cost to perform the improvement, the cost to repair the
damaged building to its predamaged condition, or the combined costs
of improvements and repairs, where applicable, to the market value
of the building or structure.
(4)
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage.
(5)
Notify the applicant in writing when it is determined that the work
constitutes substantial improvement or repair of substantial damage
and that compliance with the flood-resistant construction requirements
of the building code is required and notify the applicant in writing
when it is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
O.
Department records. In addition to the requirements of the building
code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood
carrying capacity of altered waterways will be maintained; documentation
related to variances, including justification for issuance or denial;
and records of enforcement actions taken pursuant to these regulations
and the flood resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the Local Design Flood Elevation in the floodplain development permit.
P.
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
A.
Permits required. Any person, owner or authorized agent who intends
to conduct any development in a flood hazard area shall first make
application to the Floodplain Administrator and shall obtain the required
flood damage prevention permit. Depending on the nature and extent
of proposed development that includes a building or structure, the
Floodplain Administrator may determine that a floodplain development
permit or approval is required in addition to a building permit.
B.
Application for flood damage prevention permit. The applicant shall
file an application in writing on a form furnished by the Floodplain
Administrator. Such application shall:
(1)
Identify and describe the development to be covered by the flood
damage prevention permit.
(2)
Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will
readily identify and definitively locate the site.
(3)
Indicate the use and occupancy for which the proposed development
is intended.
(4)
Be accompanied by a site plan and construction documents as specified in § 318-5 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(5)
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
(6)
Be signed by the applicant or the applicant's authorized agent.
C.
Validity of flood damage prevention permit. The issuance of any permit
under these regulations or the Uniform Construction Code shall not
be construed to be a permit for, or approval of, any violation of
this appendix or any other ordinance of the jurisdiction. The issuance
of a flood damage prevention permit based on submitted documents and
information shall not prevent the Floodplain Administrator from requiring
the correction of errors. The Floodplain Administrator is authorized
to prevent occupancy or use of a structure or site which is in violation
of these regulations or other ordinances of this jurisdiction.
D.
Expiration. A flood damage prevention permit shall become invalid
when the proposed development is not commenced within 180 days after
its issuance, or when the work authorized is suspended or abandoned
for a period of 180 days after the work commences. Extensions shall
be requested in writing and justifiable cause demonstrated. The Floodplain
Administrator is authorized to grant, in writing, one or more extensions
of time, for periods not more than 180 days each.
E.
Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revoke a flood damage prevention permit issued under
these regulations wherever the permit is issued in error or on the
basis of incorrect, inaccurate or incomplete information, or in violation
of any ordinance or code of this jurisdiction.
F.
Application fee and review escrow. The Floodplain Administrator shall
be required to obtain payment of $250 in the form of an application
fee that is nonrefundable payable to the Town of Phillipsburg at the
time of application. The applicant shall further post an escrow to
be utilized for the Town of Phillipsburg and its assigned professionals
to review such permits, an initial escrow of $500 shall be posted
for residential and $1,000 for nonresidential by the applicant at
the time of application. In addition, the applicant will be responsible
to review costs that exceed the initial review escrow deposit based
on their specific application or number of required revisions.
(1)
Rate for Floodplain Administrator and Town officials will be charged
in fifteen-minute increments and shall be subject to hourly rate schedule
set at time of adoption.
(2)
Professionals retained on behalf of the Town of Phillipsburg will
be charged to the applicant based on the professional's contractual
rate with the Town of Phillipsburg.
A.
Information for development in flood hazard areas.
(1)
The site plan or construction documents for any development subject
to the requirements of these regulations shall be drawn to scale and
shall include, as applicable to the proposed development:
(a)
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
(b)
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 318-5B.
(c)
Where the parcel on which the proposed development will take
place will have more than 50 lots or is larger than five acres and
base flood elevations are not included on the FIRM or in the Flood
Insurance Study, such elevations shall be established in accordance
with § 318-5B(3) of these regulations.
(d)
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A zones, new buildings shall be located landward
of the reach of mean high tide.
(e)
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
(f)
Where the placement of fill is proposed, the amount, type, and
source of fill material; compaction specifications; a description
of the intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
(g)
Extent of any proposed alteration of sand dunes.
(h)
Existing and proposed alignment of any proposed alteration of
a watercourse.
(i)
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
(2)
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
B.
Information in flood hazard areas without base flood elevations (approximate
Zone A).
(1)
Where flood hazard areas are delineated on the effective or preliminary
FIRM and base flood elevation data have not been provided, the applicant
shall consult with the Floodplain Administrator to determine whether
to:
(a)
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
(b)
Obtain, review, and reasonably utilize data available from a
federal, state or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
(c)
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
6 as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
(2)
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
C.
Analyses and certifications by a licensed professional engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer authorized to work in the State of
New Jersey for submission with the site plan and construction documents:
(1)
For development activities proposed to be located in a regulatory
floodway, a floodway encroachment analysis that demonstrates that
the encroachment of the proposed development will not cause any increase
in base flood elevations; where the applicant proposes to undertake
development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in 318-5D
of these regulations and shall submit the conditional letter of map
revision, if issued by FEMA, with the site plan and construction documents.
(2)
For development activities proposed to be located in a riverine flood
hazard area where base flood elevations are included in the FIS or
FIRM but floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachments will not increase the base flood elevation
more than 0.2 feet at any point within the jurisdiction. This requirement
does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or
Zone AH.
(3)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 318-5D of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(4)
For activities that propose to alter sand dunes in coastal high hazard
areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates
that the proposed alteration will not increase the potential for flood
damage and documentation of the issuance of a New Jersey Coastal Zone
Management permit under N.J.A.C. 7:7.
(5)
For analyses performed using Methods 5 and 6 (as described in N.J.A.C.
7:13) in flood hazard zones without base flood elevations (approximate
A zones).
D.
Submission of additional data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
A.
General. Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the building code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the building
code or other ordinances shall not be valid.
B.
Inspections of development. The Floodplain Administrator shall inspect
all development in flood hazard areas authorized by issuance of permits
under these regulations. The Floodplain Administrator shall inspect
flood hazard areas from time to time to determine if development is
undertaken without issuance of a permit.
C.
Buildings and structures. The Construction Official shall make or
cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
(1)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 318-15B shall be submitted to the Construction Official on an elevation certificate.
(2)
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 318-15B shall be submitted to the Construction Official on an elevation certificate.
D.
Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
E.
Inspection escrow. The applicant will be required to pay for costs
incurred by the Town of Phillipsburg and its assigned/designated professionals
responsible for inspection and construction coordination. At the time
of permit approval and prior to start of construction, the applicant
shall post an initial escrow in the amount of $1,500 with the Town
of Phillipsburg. Further, the applicant shall maintain the escrow
account with a positive balance till the final approvals are obtained.
The Floodplain Administrator is authorized to amend the initial escrow
amount should the project scope warrant a decrease or increase. Waiver
of escrow fees for inspection, would be upon formal approval from
the Town Council via resolution and/or motion.
(1)
Rate for Floodplain Administrator and Town officials will be charged
in fifteen-minute increments and shall be subject to hourly rate schedule
set at time of adoption.
(2)
Professionals retained on behalf of the Town of Phillipsburg will
be charged to the applicant based on the professionals contractual
rate with the Town of Phillipsburg.
A.
General. The Phillipsburg Land Use Board shall hear and decide requests for variances. The Phillipsburg Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 318-7E, the conditions of issuance set forth in § 318-7F, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Phillipsburg Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
B.
Historic structures. A variance to the substantial improvement requirements
of this chapter is authorized provided that the repair or rehabilitation
of a historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and R322 of the International
Residential Code, the repair or rehabilitation will not preclude the
structure's continued designation as a historic structure, the
structure meets the definition of the historic structure as described
by this chapter, and the variance is the minimum necessary to preserve
the historic character and design of the structure.
C.
Functionally dependent uses. A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use provided the variance is the
minimum necessary to allow the construction or substantial improvement,
and that all due consideration has been given to use of methods and
materials that minimize flood damage during the base flood and create
no additional threats to public safety.
D.
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 318-5C(1) of these regulations.
E.
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
(1)
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
(4)
The importance of the services provided by the proposed development
to the community.
(5)
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
(6)
The compatibility of the proposed development with existing and anticipated
development.
(7)
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
(8)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(9)
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
(10)
The costs of providing governmental services during and after
flood conditions including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, streets,
and bridges.
F.
Conditions for issuance. Variances shall only be issued upon:
(1)
Submission by the applicant of a showing of good and sufficient cause
that the unique characteristics of the size, configuration or topography
of the site limit compliance with any provision of these regulations
or renders the elevation standards of the building code inappropriate.
(2)
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land
that render the lot undevelopable.
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(4)
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(5)
Notification to the applicant in writing over the signature of the
Floodplain Administrator that the issuance of a variance to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below the base flood
level increases risks to life and property.
A.
Violations. Any development in any flood hazard area that is being
performed without an issued permit or that is in conflict with an
issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the building code is presumed to be a violation until such time as
that documentation is provided.
B.
Authority. The Floodplain Administrator is authorized to serve notices
of violation or stop work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work
for development that is not within the scope of the Uniform Construction
Code, but is regulated by these regulations and that is determined
to be a violation.
C.
Unlawful continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop work order,
except such work as that person is directed to perform to remove or
remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5 as appropriate.
D.
Review period to correct violations. A thirty-day period shall be
given to the property owner as an opportunity to cure or abate the
condition. The property owner shall also be afforded an opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period
a fine not exceeding $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
A.
General. The following words and terms shall, for the purposes of
these regulations, have the meanings shown herein. Other terms are
defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are
defined where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
B.
100-YEAR-FLOOD ELEVATION
500-YEAR-FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 7
ASCE 24
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
(1)
(2)
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION — Per the FHACA,
the peak water surface elevation that will occur in a water during
the flood hazard area design flood. This elevation is determined via
available flood mapping adopted by the State, flood mapping published
by FEMA (including effective flood mapping dated on or after January
31, 1980, or any more recent advisory, preliminary, or pending flood
mapping; whichever results in higher flood elevations, wider floodway
limits, greater flow rates, or indicates a change from an A zone to
a V zone or coastal A zone), approximation, or calculation pursuant
to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN OR FLOOD PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LAWFULLY EXISTING
(1)
(2)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
RESIDENTIAL
(1)
(2)
(3)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
(1)
(2)
(3)
(4)
(5)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions.
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the
base flood elevation.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
Areas of Special Flood Hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this chapter, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Accessory structures are also referred to as appurtenant
structures. An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the base flood elevation (BFE) as any
other nonresidential building. Under some circumstances, it may be
appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
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.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one foot and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot 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.
See "special flood hazard area."
The standard for the minimum design loads for buildings and
other structures, referenced by the building code and developed and
published by the American Society of Civil Engineers, Reston, VA.
which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads including those from natural hazards. Flood-related
equations include those for determining erosion, scour, lateral, vertical,
hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for Flood Resistant Design and Construction,
referenced by the building code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, Work Maps,
or Preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The best available
flood hazard data may be depicted on but not limited to Advisory Flood
Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, Work Maps,
or Preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the Local Design
Flood Elevation, it will collapse under specific lateral loads such
that (1) it allows the free passage of floodwaters, and (2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
Per the FHACA, "building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
A conditional letter of map revision (CLOMR) is FEMA's
comment on a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is
FEMA's comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day care center, assisted
living facility, or nursing home.
Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents including ASCE 24.
3.6 and is typically higher than FEMA's base flood elevation.
A water that has a drainage area measuring less than 50 acres does
not possess, and is not assigned, a flood hazard area design flood
elevation.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in (1)(b) of this definition and are akin to a river or
liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along
the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in (1)(a) of this definition.
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.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
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.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade
that meets or exceeds the Local Design Flood Elevation. A completed
floodproofing certificate is required at permit application.
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.
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.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and ship building and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to § 318-7 of this chapter, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Phillipsburg Land Use Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Per the FHACA, means an existing fill, structure and/or use,
which meets all federal, state, and local laws, and which is not in
violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
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Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in this chapter to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
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A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the Special
Flood Hazard Area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of Special Flood Hazard on an Flood Insurance
Rate Map (FIRM). Conditional letters of map revision, conditional
letters of map revision - fill, letters of map revision, letters of
map revision-fill, and letters of map amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification
to an effective Flood Insurance Rate Map (FIRM). Letter of map revisions
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master
flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's
modification of the Special Flood Hazard Area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway may be initiated through the letter
of map change (LOMC) process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM) map, it is a public
record that the community must maintain. Any LOMR-F should be noted
on the community's master flood map and filed by panel number
in an accessible location.
Licensed design professional shall refer to either a New
Jersey licensed professional engineer, licensed by the New Jersey
State Board of Professional Engineers and Land Surveyors or a New
Jersey licensed architect, licensed by the New Jersey State Board
of Architects.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on but not
limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's
ordinance. In no circumstances shall a project's LDFE be lower
than a permit-specified Flood Hazard Area Design Flood Elevation or
a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard
as required in ASCE 24 and the effective FEMA Base Flood Elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor provided that such enclosure is not built so as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods (1) actual cash value (replacement cost depreciated for age
and quality of construction), (2) tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser,
or (3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include but are not limited
to replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air conditioning equipment,
exhaust fans, built in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices and has no permanently attached
additions.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boarding houses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including
but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following: (1) Land in the floodplain
within a community subject to a 1% or greater chance of flooding in
any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30,
AE, A99, or AH; (2) Land and the space above that land, which lies
below the peak water surface elevation of the flood hazard area design
flood for a particular water, as determined using the methods set
forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C.
7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13. Also referred to as the area of
special flood hazard.
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA), this is the date the
building permit was issued, provided that the actual start of construction,
repair, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a building on site,
such as the pouring of a slab or footing, the installation of piles,
the construction of columns or any work beyond the stage of excavation;
or the placement of a manufactured (mobile) home on a foundation.
For a substantial improvement, actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevation's (BFEs)
increase or zones change, the start of construction includes substantial
improvement, and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and base flood elevation's
(BFEs) increase or zones change.
For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place, 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:
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."
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal after a notice of violation pertaining to this
chapter has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the building code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the flood plains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood damage
resistant materials and construction techniques in areas of a structure
that are below the Local Design Flood Elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
A.
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
(1)
All such proposals are consistent with the need to minimize flood
damage.
(2)
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
B.
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
(1)
The flood hazard area, including floodways, coastal high hazard areas,
and Coastal A Zones, and base flood elevations, as appropriate, shall
be delineated on tentative subdivision plats.
(2)
Residential building lots shall be provided with adequate buildable
area outside the floodway.
(3)
The design criteria for utilities and facilities set forth in these
regulations and appropriate codes shall be met.
A.
Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 318-5C(1) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 318-5C(1) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 318-15B of this chapter and the floodway requirements of N.J.A.C. 7:13.
B.
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and onsite waste disposal systems shall be designed in accordance with the New Jersey Septic System Regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
C.
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
D.
Storm drainage. Storm drainage shall be designed to convey the flow
of surface waters to minimize or eliminate damage to persons or property.
E.
Streets and sidewalks. Streets and sidewalks shall be designed to
minimize potential for increasing or aggravating flood levels.
F.
Limitations on placement of fill. Subject to the limitations of these
regulations, fill shall be designed to be stable under conditions
of flooding including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
G.
Hazardous materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the
provisions of N.J.A.C. 7:13 which cover the placement of hazardous
substances and solid waste is met.
A.
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
B.
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 318-15B.
C.
Foundations. All new, relocated, and replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall be placed on foundations as specified by the manufacturer only
if the manufacturer's installation instructions specify that
the home has been designed for flood-resistant considerations and
provides the conditions of applicability for velocities, depths, or
wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator
is authorized to determine whether the design meets or exceeds the
performance necessary based upon the proposed site location conditions
as a precondition of issuing a flood damage prevention permit. If
the Floodplain Administrator determines that the home's performance
standards will not withstand the flood loads in the proposed location,
the applicant must propose a design certified by a New Jersey licensed
design professional and in accordance with 24 CFR 3285.301 (c) and
(d) which conforms with ASCE 24, the accepted standard of engineering
practice for flood resistant design and construction.
D.
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
E.
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 318-15B.
F.
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 318-15B of these regulations.
(1)
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 318-15B the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
A.
Placement prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
B.
Temporary placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
A.
General requirements for other development and building work. All
development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
(1)
Be located and constructed to minimize flood damage;
(3)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to § 318-2C;
(5)
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to § 318-2C or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
(6)
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
(7)
Not exceed the impacts to frequency or depth of offsite flooding
as required by N.J.A.C. 7:13 in floodways.
B.
Requirements for habitable buildings and structures.
(1)
Construction and elevation in A Zones, not including Coastal A Zones.
(a)
No portion of a building is located within a V Zone.
(b)
No portion of a building is located within a Coastal A Zone,
unless a licensed design professional certifies that the building's
foundation is designed in accordance with ASCE 24, Chapter 4.
(c)
All new construction and substantial improvement of any habitable building (as defined in § 318-9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 318-2C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(d)
All new construction and substantial improvements of nonresidential
structures shall:
[1]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 318-2C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[2]
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
[a]
Meets the requirements of ASCE 24 Chapters 2 and
7; and
[b]
Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a floodproofing
certificate, and is confirmed by an elevation certificate.
(e)
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
[1]
For habitable structures, be situated at or above the adjoining
exterior grade along at least one entire exterior wall, in order to
provide positive drainage of the enclosed area in accordance with
N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which
are below grade on all sides are prohibited;
[2]
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 318-15B(1)(d)[2] are met;
[3]
Be constructed to meet the requirements of ASCE 24 Chapter 2;
[4]
Have openings documented on an elevation certificate; and
[5]
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
[a]
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
[b]
The depth of flooding that the enclosure would
experience to the Flood Hazard Area Design Flood Elevation;
[c]
The deed restriction prohibits habitation of the
enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement;
C.
Garages and accessory storage structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
D.
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 318-5C(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 318-7 of this chapter.
E.
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 318-5C(1) of these regulations and N.J.A.C. 7:13.
F.
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 318-5C(1) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
G.
Roads and watercourse crossings.
(1)
For any railroad, roadway, or parking area proposed in a flood hazard
area, the travel surface shall be constructed at least one foot above
the Flood Hazard Area Design Elevation in accordance with N.J.A.C.
7:13.
(2)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, lowwater crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 318-5C(1) of these regulations.
A.
Temporary structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of flood waters.
B.
Temporary storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
A.
Utility and miscellaneous Group U. In accordance with Section 312
of the International Building Code, utility and miscellaneous Group
U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet, fences more than six feet high, grain
silos (accessory to a residential occupancy), livestock shelters,
private garages, retaining walls, sheds, stables, tanks and towers.
B.
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in § 318-2C.
C.
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in § 318-2C and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
D.
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 318-15B and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
E.
Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in § 318-2C.
F.
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in § 318-2C.
(1)
Exception. Electrical systems, equipment and components, and heating,
ventilating, air conditioning, and plumbing appliances, plumbing fixtures,
duct systems, and other service equipment shall be permitted to be
located below the Local Design Flood Elevation provided that they
are designed and installed to prevent water from entering or accumulating
within the components and to resist hydrostatic and hydrodynamic loads
and stresses, including the effects of buoyancy, during the occurrence
of flooding to the Local Design Flood Elevation in compliance with
the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the Local Design
Flood Elevation provided they conform to the provisions of NFPA 70
(National Electric Code).
