[Amended in entirety 4-18-2023 by Ord. No. 67-27. Prior history includes 1979 Code Sections 19-1 – 19-11.9
and Ord. No. 50-40.]
[Amended 4-18-2023 by Ord. No. 67-27]
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 City
of Linden (hereinafter "these regulations").
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 102 of these
regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
[Amended 4-18-2023 by Ord. No. 67-27]
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that the City of Linden administer and
enforce the State building codes, the City Council of the City of
Linden 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.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-103.14 of this article.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
The provisions of these regulations shall not be deemed to nullify
any provisions of local, State, or Federal law.
[Amended 4-18-2023 by Ord. No. 67-27]
No structure or land shall hereafter be constructed, re-located
to, extended, converted, or altered without full compliance with the
terms of this article and other applicable regulations. Violation
of the provisions of this article by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a violation
under N.J.S.A. 40:49-5. Any person who violates this article or fails
to comply with any of its requirements shall be subject to one (1)
or more of the following: a fine of not more than $1,250.00, imprisonment
for a term not exceeding ninety (90) days or a period of community
service not exceeding ninety (90) days.
Each day in which a violation of this article 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 30-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 30-day period, a fine greater than $1,250.00
may be imposed if the court has not determined otherwise, or if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
Any person who is convicted of violating this article within
one (1) year of the date of a previous violation of this article and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the violation of this article.
[Amended 4-18-2023 by Ord. No. 67-27]
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with this article 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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
The City of Linden was accepted for participation in the National
Flood Insurance Program on November 24, 1976.
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 Division
of Engineering, Linden City Hall, 301 North Wood Avenue, Linden, NJ
07036.
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the Best Available Flood Hazard
Data Area:
1.
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, Union County,
New Jersey (All Jurisdictions)" dated September 20, 2006 and the accompanying
Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose
effective date is September 20, 2006 are hereby adopted by reference.
|
Table 102.2(1)
| |||||
|---|---|---|---|---|---|
|
Map Panel #
|
Effective Date
|
Suffix
|
Map Panel #
|
Effective Date
|
Suffix
|
|
34039C0032
|
9/20/2006
|
F
|
34039C0044
|
9/20/2006
|
F
|
|
34039C0033
|
9/20/2006
|
F
|
34039C0045
|
9/20/2006
|
F
|
|
34039C0034
|
9/20/2006
|
F
|
34039C0046
|
9/20/2006
|
F
|
|
34039C0035
|
9/20/2006
|
F
| |||
2.
Federal Best Available Information. The City of Linden 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 article 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
|
Map Panel #
|
Preliminary Date
|
|
34039C0032G
|
2/3/2015
|
34039C0044G
|
2/3/2015
|
|
34039C0033G
|
2/3/2015
|
34039C0045G
|
2/3/2015
|
|
34039C0034G
|
2/3/2015
|
34039C0046G
|
2/3/2015
|
|
34039C0035G
|
2/3/2015
| ||
3.
Other Best Available Data. City of Linden shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the City of Linden. 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 26-102.2a1 and a2, above. This information shall be used for floodplain regulation purposes only.
4.
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 Section 26-201, 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 fifty (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
|
|
Rahway River
|
GGEW0049p
|
13
|
|
Rahway River
|
GGEW0018
|
1
|
|
Rahway River
|
GGEW0023
|
3
|
|
Rahway River
|
GGEW0025
|
1
|
|
Robinsons Branch, Pumpkin Patch Branch Brook
|
GGEW0031
|
5
|
|
Rahway River
|
GGEW0034
|
2
|
|
Rahway River
|
GGEW0035
|
1
|
|
Rahway River
|
GGEW0054
|
8
|
|
Arthur Kill
|
GGEW0055
|
7
|
|
West Brook
|
SUPPX020
|
WST-1
|
|
West Brook
|
SUPPX021
|
WST-2
|
|
West Brook
|
SUPPX022
|
WST-3
|
[Amended 4-18-2023 by Ord. No. 67-27]
a.
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 26-102.2, 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 article.
At a minimum, the Local Design Flood Elevation shall be as follows:
1.
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 26-102.2, above plus one (1) foot or as described by N.J.A.C. 7:13 of freeboard; or
(a)
For any un-delineated watercourse (where mapping or studies described in Section 26-102.2a1 and a2 above are not available) that has a contributory drainage area of fifty (50) acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation: A copy of an unexpired NJDEP Flood Hazard Area Verification plus one (1) foot of freeboard and any additional freeboard as required by ASCE 24; or
(b)
A determination of the Flood Hazard Area Design Flood Elevation
using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one
(1) foot of freeboard and any additional freeboard as required by
ASCE 24. Any determination using these methods must be sealed and
submitted according to Section 26-105.2-3.
2.
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 (1) foot of freeboard. If no depth
number is specified, the Local Design Flood Elevation is three (3)
feet above the highest adjacent grade.
3.
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 (2) feet of freeboard in accordance
with ASCE 24.
4.
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 (1) foot of freeboard in accordance with ASCE 24.
[Amended 4-18-2023 by Ord. No. 67-27]
The City Engineer is designated the Floodplain Administrator.
The Floodplain Administrator shall have the authority to delegate
performance of certain duties to other employees.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-107 of these regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform
Construction Code.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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 Section 26-102 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 Section 26-103.14 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 Section 26-107 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 (6) 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 Section 26-106 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 Section 26-107 of these regulations.
14.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Linden have been modified.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
If design flood elevations are not specified, the Floodplain Administrator
is authorized to require the applicant to:
1.
Obtain, review, and reasonably utilize data available from a Federal,
State, or other source, or
2.
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed Professional Engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
|
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in 26-102.2 and 26-102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 26-103.15.
|
[Amended 4-18-2023 by Ord. No. 67-27]
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 (6) 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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
All development in Riparian Zones as described in N.J.A.C. 7:13
is prohibited by this article 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 article. The width of the riparian
zone can range between fifty (50) and three hundred (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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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 Section 26-101.5, performed in the floodplain regulated by this article 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 pre-damaged 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. This determination shall
also include the evaluation of flood related damage over a 10-year
period to determine if the costs of repairs at the times of each flood
constitutes a repetitive loss as defined by this article.
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 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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application
to the Floodplain Administrator and shall obtain the required permit.
Depending on the nature and extent of proposed development that includes
a building or structure, the Floodplain Administrator may determine
that a floodplain development permit or approval is required in addition
to a building permit.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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 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 Section 26-105 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.
[Amended 4-18-2023 by Ord. No. 67-27]
The issuance of a permit under these regulations or the Uniform
Construction Code shall not be construed to be a permit for, or approval
of, any violation of this appendix or any other ordinance of the jurisdiction.
The issuance of a permit based on submitted documents and information
shall not prevent the Floodplain Administrator from requiring the
correction of errors. The Floodplain Administrator is authorized to
prevent occupancy or use of a structure or site which is in violation
of these regulations or other ordinances of this jurisdiction.
[Amended 4-18-2023 by Ord. No. 67-27]
A permit shall become invalid when the proposed development
is not commenced within one hundred eighty (180) days after its issuance,
or when the work authorized is suspended or abandoned for a period
of one hundred eighty (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 one hundred
eighty (180) days each.
[Amended 4-18-2023 by Ord. No. 67-27]
The Floodplain Administrator is authorized to suspend or revoke
a permit issued under these regulations wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information,
or in violation of any Ordinance or code of this jurisdiction.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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:
1.
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.
2.
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 Section 26-105.2.
3.
Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) 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 Section 26-105.2a3 of these regulations.
4.
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.
5.
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
6.
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.
7.
Extent of any proposed alteration of sand dunes.
8.
Existing and proposed alignment of any proposed alteration of a watercourse.
9.
Floodproofing certifications, V Zone and Breakaway Wall Certifications,
Operations and Maintenance Plans, Warning and Evacuation Plans and
other documentation required pursuant to FEMA publications.
|
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
|
[Amended 4-18-2023 by Ord. No. 67-27]
a.
Where flood hazard areas are delineated on the effective or preliminary
FIRM and base flood elevation data have not been provided, the applicant
shall consult with the Floodplain Administrator to determine whether
to:
1.
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.
2.
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.
3.
Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering techniques according to Method 6 as described
in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a
licensed Professional Engineer.
|
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a Letter of Map
Change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
|
[Amended 4-18-2023 by Ord. No. 67-27]
a.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed Professional Engineer for submission with the site plan and
construction documents:
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 Section 26-105.4 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 Section 26-105.4 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).
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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 Section 26-801.2 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 Section 26-801.2 shall be submitted to the Construction Official on an Elevation Certificate.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
The City Council shall hear and decide requests for variances. The City Council shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 26-107.5, the conditions of issuance set forth in Section 26-107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The City Council has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
A variance to the substantial improvement requirements of this
article 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
article, and the variance is the minimum necessary to preserve the
historic character and design of the structure.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-105.3a1 of these regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
A 30-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 30-day
period, a fine greater than $1,250.00 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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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
article has been issued.
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 article, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually areas of ponding) where average depths are between
one and three feet. Base Flood Elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
Areas subject to inundation by 1-percent-annual-chance shallow
flooding (usually sheet flow on sloping terrain) where average depths
are between one and three feet.
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).
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.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater
annual chance of flooding to an average depth of one (1) to three
(3) 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 manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a non-residential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
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 paragraph a2 of this definition and are akin to a river
or liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along
the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph a1 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 non-residential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade that
meets or exceeds the Local Design Flood Elevation. A completed floodproofing
certificate is required at permit application.
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 shipbuilding 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, multi-residence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a non-habitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to Section 26-107 of this article, meaning the exceptional hardship that would result from a failure to grant the requested variance. The City Council of the City of Linden 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 article 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 a 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 non-elevation design
requirements of these regulations.
A structure that is transportable in one or more sections,
eight (8) feet or more in width and greater than four hundred (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.
Any flood-related damage sustained by a structure on two
separate occasions during a 10-year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds
fifty (50%) percent of the market value of the structure before the
damage occurred.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or non-transient
basis;
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multi-family dwellings, apartments,
congregate residences, boarding houses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a 24-hour basis in a supervised environment, including but not
limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
"Solid Waste Disposal" shall mean 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 6 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 one percent 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.
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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.
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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.
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For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
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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 fifty percent (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 fifty
(50%) percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual
repair work performed. This term also includes structures which have
incurred "repetitive loss" or "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."
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 article 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 non-residential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-105.3a1 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 Section 26-105.3a1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 26-801.2 of this article and the floodway requirements of N.J.A.C. 7:13.
[Amended 4-18-2023 by Ord. No. 67-27]
[Amended 4-18-2023 by Ord. No. 67-27]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
[Amended 4-18-2023 by Ord. No. 67-27]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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).
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-801.2.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 26-801.2.
[Amended 4-18-2023 by Ord. No. 67-27]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 26-801.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 26-801.2, 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).
[Amended 4-18-2023 by Ord. No. 67-27]
The placement of recreational vehicles shall not be authorized
in coastal high hazard areas and in floodways.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
[Amended 4-18-2023 by Ord. No. 67-27]
Underground and above-ground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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;
2.
Meet the limitations of Section 26-105.3a1 of this article when located in a regulated floodway;
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 Section 26-102.3;
5.
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 26-102.3 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.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
Construction and Elevation in A Zones not including Coastal A Zones.
1.
No portion of a building is located within a V Zone.
2.
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.
3.
All new construction and substantial improvement of any habitable building (as defined in Section 26-201) 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 Section 26-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
4.
All new construction and substantial improvements of non-residential
structures shall:
(a)
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 Section 26-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
(b)
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
(2)
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.
5.
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:
(a)
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;
(b)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section 26-801.2a4(b) are met;
(d)
Have openings documented on an Elevation Certificate; and
(e)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including pre-construction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(1)
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
(2)
The depth of flooding that the enclosure would experience to
the Flood Hazard Area Design Flood Elevation;
(3)
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;
[Amended 4-18-2023 by Ord. No. 67-27]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-105.3a1 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 6 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 Section 26-107 of this article.
[Amended 4-18-2023 by Ord. No. 67-27]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 26-105.3a1 of these regulations and N.J.A.C. 7:13.
[Amended 4-18-2023 by Ord. No. 67-27]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 26-105.3a1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Amended 4-18-2023 by Ord. No. 67-27]
a.
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.
b.
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 26-105.3a1 of these regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
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.
[Amended 4-18-2023 by Ord. No. 67-27]
Temporary storage includes storage of goods and materials for
a period of less than 180 days. Stored materials shall not include
hazardous materials.
[Amended 4-18-2023 by Ord. No. 67-27]
Temporary structures and temporary storage in floodways shall meet the requirements of Section 26-105.3a1 of these regulations.
[Amended 4-18-2023 by Ord. No. 67-27]
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 sq. ft.), fences more
than 6 feet (1829 mm) high, grain silos (accessory to a residential
occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-102.3.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Amended 4-18-2023 by Ord. No. 67-27]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 26-801.2 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.
[Amended 4-18-2023 by Ord. No. 67-27]
Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 26-102.3.
[Amended 4-18-2023 by Ord. No. 67-27]
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 Section 26-102.3.
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).
