[Added 10-3-2023 by Ord. No. 2651-23]
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 Millburn
Township (hereinafter "these regulations").
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-701.5 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that Millburn Township administer and enforce
the State building codes, the Township Committee of Millburn Township
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-703.1.16 of these floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
The provisions of these regulations shall not be deemed to nullify
any provisions of local, State, or Federal law.
[Added 10-3-2023 by Ord. No. 2651-23]
No structure or land shall hereafter be constructed, re-located
to, extended, converted, or altered without full compliance with the
terms of these floodplain regulations and other applicable regulations.
Violation of the provisions of these floodplain regulations 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 these
floodplain regulations or fails to comply with any of its requirements
shall be subject to one or more of the following: a fine of not more
than $1,250 imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.
Each day in which a violation of the floodplain regulations
exists shall be considered to be a separate and distinct violation
subject to the imposition of a separate penalty for each day of the
violation as the Court may determine except that the owner will be
afforded the opportunity to cure or abate the condition during a thirty-day
period and shall be afforded the opportunity for a hearing before
the court for an independent determination concerning the violation.
Subsequent to the expiration of the thirty-day period, a fine greater
than $1,250 may be imposed if the court has not determined otherwise,
or if upon re-inspection of the property, it is determined that the
abatement has not been substantially completed.
Any person who is convicted of violating the floodplain regulations
within one year of the date of a previous violation of the floodplain
regulations and who was fined for the previous violation, shall be
sentenced by a court to an additional fine as a repeat offender. The
additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the floodplain regulations, but shall be
calculated separately from the fine imposed for the violation of the
floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with these floodplain regulations
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
a.
Millburn Township was accepted for participation in the National
Flood Insurance Program on August 1, 1979. 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 Township Engineer's office
at 375 Millburn Avenue, Millburn, NJ 07041.
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,
Essex County, New Jersey (All Jurisdictions) dated April 3, 2020 and
the accompanying Flood Insurance Rate Maps (FIRM) identified in Table
701.5.2(1) whose top level document (Index map) effective date is
April 3, 2020, are hereby adopted by reference.
Table 701.5.2(1)
|
---|
Map Panel #
|
Effective Date
|
Suffix
|
Map Panel #
|
Effective Date
|
Suffix
|
---|
34013C0088
|
06/04/07
|
F
|
34013C0089
|
06/04/07
|
F
|
34013C0093
|
06/04/07
|
F
|
34013C0126
|
06/04/07
|
F
|
34013C0127
|
06/04/07
|
F
|
34013C0129
|
06/04/07
|
F
|
34013C0131
|
06/04/07
|
F
|
34013C0133
|
06/04/07
|
F
|
2.
Federal Best Available Information. Millburn Township 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 these floodplain regulations must
also be considered. These studies are listed on FEMA's Map Service
Center. This information shall be used for floodplain regulation purposes
only.
3.
Other Best Available Data. Millburn Township shall utilize high
water elevations from flood events, groundwater flooding areas, studies
by federal or state agencies, or other information deemed appropriate
by the Millburn Township. 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 DRZ-701.5.1a1 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
DRZ-702, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 701.5(3) List of State Studied Waters
|
---|
Name of Studied Water
|
File Name
|
Map Number
|
---|
West Branch Rahway River
|
GGEW0005
|
8
|
East Branch Rahway River
|
GGEW0006
|
7
|
East Branch Rahway River
|
GGEW0007
|
6
|
W Branch Rahway River
|
GGEW0008
|
5
|
Rahway River, East Branch, West Branch
|
GGEW0009
|
4
|
Rahway River, West Branch
|
GGEW0010
|
3
|
Rahway River
|
GGEW0038
|
5
|
Bryant Brook Branch, Bryant Brook, Van Winkles Brook
|
GGEW0039
|
4
|
Index Map
|
PRM00017
|
10&11
|
Passaic River
|
PRM00019
|
12
|
Passaic River
|
PRM00020
|
13
|
Canoe Brook
|
SUPPI003
|
C-1
|
Canoe Brook Tributary 1
|
SUPPI010
|
CDN-1
|
Slough Brook
|
SUPPI038
|
SL-1
|
Slough Brook
|
SUPPI040
|
SL-2
|
East Branch Rahway River
|
SUPPV001
|
1 of 3
|
West Branch Rahway River
|
SUPPV004
|
1 of 3
|
East Branch Rahway River
|
GGEW0002p
|
11
|
Rahway River - West Branch
|
GGEW0003p
|
10
|
Rahway River - West Branch
|
GGEW0004p
|
9
|
Van Winkle Brook
|
GGEW0036p
|
7
|
Passaic River
|
PRM00016p
|
9B
|
Passaic River
|
PRM00018p
|
11B
|
Canoe Brook
|
SUPPI004p
|
C-1A
|
Slough Brook
|
SUPPI039p
|
SL-1A
|
5.
The most restrictive 0.2% annual chance (500-year) effective
or preliminary FEMA flood study is adopted by these floodplain regulations
for consideration when establishing the Best Available Flood Hazard
Data Area.
[Added 10-3-2023 by Ord. No. 2651-23]
a. The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section
DRZ-701.5.2, 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 these floodplain regulations.
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
DRZ-701.5.2, above plus one foot OR as described by N.J.A.C. 7:13 of freeboard; OR as described by N.J.A.C. 7:13; OR as required by NJDEP regulations in effect at time of permit application; or
2.
For any undelineated watercourse (where mapping or studies described
in Section DRZ-701.5.2a1 and a2 above are not available) that has
a contributory drainage area of 50 acres or more, the applicants must
provide one of the following to determine the Local Design Flood Elevation:
(a)
A copy of an unexpired NJDEP Flood Hazard Area Verification
plus one foot of freeboard OR as required by NJDEP regulations in
effect at time of permit application 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 foot of freeboard OR as required by NJDEP regulations in effect at time of permit application, and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Section
DRZ-703.3.2-3.
3.
AO Zones - For Zone AO areas on the municipality's FIRM
(or on preliminary flood elevation guidance from FEMA), the Local
Design Flood Elevation is determined from the FIRM panel as the highest
adjacent grade plus the depth number specified plus one foot of freeboard.
If no depth number is specified, the Local Design Flood Elevation
is three feet above the highest adjacent grade.
4.
Class IV Critical Facilities. For any proposed development of
new and substantially improved Flood Design Class IV Critical Facilities,
the Local Design Flood Elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the Flood Hazard Area Design
Flood Elevation with an additional two feet of freeboard in accordance
with ASCE 24.
5.
Class III Critical Facilities. For proposed development of new
and substantially improved Flood Design Class III Critical Facilities
in coastal high hazard areas, the Local Design Flood Elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the Flood Hazard Area Design Flood Elevation with an additional
one foot of freeboard in accordance with ASCE 24.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
30-DAY PERIOD
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 these
floodplain regulations has been issued.
100-YEAR FLOOD ELEVATION
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.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
A ZONES
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 these floodplain regulations,
A Zones are not inclusive of Coastal A Zones because of the higher
building code requirements for Coastal A Zones.
ACCESSORY STRUCTURE
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.
AGRICULTURAL STRUCTURE
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).
AH ZONES
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually areas of ponding) where average depths are between one and
three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic
analyses are shown in this zone.
ALTERATION OF A WATERCOURSE
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.
AO ZONES
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
ASCE 7
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.
ASCE 24
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].
BASE FLOOD ELEVATION (BFE)
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".
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
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.
BEST AVAILABLE FLOOD HAZARD DATA AREA
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.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
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.
BREAKAWAY WALLS
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.
BUILDING
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.
CONDITIONAL LETTER OF MAP REVISION
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.
CONDITIONAL LETTER OF MAP REVISION - FILL
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.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
a.
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
b.
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.
DEVELOPMENT
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.
DRY FLOODPROOFING
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.
ELEVATED BUILDING
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.
ELEVATION CERTIFICATE
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).
ENCROACHMENT
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.
FEMA PUBLICATIONS
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.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the State, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A zone to a V zone or coastal A zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1-3.6
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
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.
FLOOD OR FLOODING
a.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation or runoff of surface waters
from any source.
3.
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.
b.
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.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of 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.
FUNCTIONALLY DEPENDENT USE
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.
HABITABLE BUILDING
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.
HARDSHIP
As related to §
DRZ-704 of these floodplain regulations, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Board of Adjustment 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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c.
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
1.
By an approved State program as determined by the Secretary
of the Interior; or
2.
Directly by the Secretary of the Interior in States without
approved programs.
LAWFULLY EXISTING
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:
a.
Prior to January 31, 1980; or
b.
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.
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 these floodplain regulations to clarify the applicability of any
more stringent statewide floodplain management standards required
under the FHACA.
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LETTER OF MAP AMENDMENT
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.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an Area of Special Flood Hazard on an Flood Insurance
Rate Map (FIRM). Conditional Letters of Map Revision, Conditional
Letters of Map Revision - Fill, Letters of Map Revision, Letters of
Map Revision-Fill, and Letters of Map Amendment are requested through
the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
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.
LETTER OF MAP REVISION - FILL
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
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.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
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 as required by NJDEP regulations
or 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.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
LOWEST FLOOR
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.
MANUFACTURED HOME
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
MARKET VALUE
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.
NEW CONSTRUCTION
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.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
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.
RECREATIONAL VEHICLE
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.
REPETITIVE LOSS
Any flood-related damage sustained by a structure on two
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on the average, equals
or exceeds 25% of the market value of the structure before the damage
occurred.
RESIDENTIAL
Pursuant to the ASCE 24:
a.
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or non-transient
basis;
b.
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
c.
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including
but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
SOLID WASTE DISPOSAL
"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 six months as specified
in N.J.A.C. 7:26 which have been discharged, deposited, injected,
dumped, spilled, leaked, or placed into any land or water such that
such solid waste may enter the environment or be emitted into the
air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) Land in the floodplain
within a community subject to a 1% or greater chance of flooding in
any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30,
AE, A99, or AH; (2) Land and the space above that land, which lies
below the peak water surface elevation of the flood hazard area design
flood for a particular water, as determined using the methods set
forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C.
7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF
SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION
The Start of Construction is as follows:
a.
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.
b.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and Base Flood Elevation's (BFEs)
increase or zones change, the Start of Construction includes substantial
improvement, and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and Base Flood Elevation's
(BFEs) increase or zones change.
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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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STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place over a five-year period, the cumulative
cost of which equals or exceeds 50% of the market value of the structure
before the "start of construction" of the improvement. The period
of accumulation includes the first improvement or repair of each structure
that is permanent subsequent to 2023. This term includes structures
that have incurred "substantial damage", regardless of the actual
repair work performed. This term also includes structures that have
incurred "repetitive loss" or "substantial damage", regardless of
the actual repair work performed. The term does not, however, include
either:
a.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
b.
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
VARIANCE
A grant of relief from the requirements of this section,
which permits construction in a manner otherwise prohibited by this
section where specific enforcement would result in unnecessary hardship.
VIOLATION
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 these floodplain regulations
is presumed to be in violation until such time as that documentation
is provided.
WATER SURFACE ELEVATION
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.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The Township Engineer is designated the Floodplain Administrator.
The Floodplain Administrator shall have the authority to delegate
performance of certain duties to other employees.
[Added 10-3-2023 by Ord. No. 2651-23]
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 §
DRZ-704 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform
Construction Code.
[Added 10-3-2023 by Ord. No. 2651-23]
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 §
DRZ-701.5 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
DRZ-703.1.16 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
DRZ-704 of these regulations.
9.
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
10.
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
11.
Inspect development in accordance with Section
DRZ-703.4 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
DRZ-704 of these regulations.
13.
Cite violations in accordance with Section
DRZ-704.2.6 of these regulations.
14.
Notify the Federal Emergency Management Agency when the corporate
boundaries of Millburn Township have been modified.
15.
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section
DRZ-701.5.2.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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 Section
DRZ-701.5.2 and DRZ-701.5.3 respectively. This information shall be provided to the Construction Official and documented according to Section
DRZ-703.1.17.
[Added 10-3-2023 by Ord. No. 2651-23]
Base Flood Elevations may increase or decrease resulting from
natural changes (e.g. erosion, accretion, channel migration, subsidence,
uplift) or man-made physical changes (e.g. dredging, filling, excavation)
affecting flooding conditions. As soon as practicable, but not later
than six months after the date of a man-made change or when information
about a natural change becomes available, the Floodplain Administrator
shall notify the Federal Insurance Administrator of the changes by
submitting technical or scientific data in accordance with Title 44
Code of Federal Regulations Section 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
All development in Riparian Zones as described in N.J.A.C. 7:13
is prohibited by these floodplain regulations 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 these floodplain regulations.
The width of the riparian zone can range between 50 and 300 feet and
is determined by the attributes of the waterbody and designated in
the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The
portion of the riparian zone located outside of a regulated water
is measured landward from the top of bank. Applicants can request
a verification of the riparian zone limits or a permit applicability
determination to determine State permit requirements under N.J.A.C.
7:13 from the NJDEP Division of Land Resource Protection.
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-701.4.2, performed in the floodplain regulated by these floodplain regulations 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
requires the evaluation of previous permits issued for improvements
and repairs over a period of five years prior to the permit application
or substantial damage determination as specified in the definition
of substantial improvement. This determination shall also include
the evaluation of flood related damages over a ten-year period to
determine if the costs of repairs at the times of each flood constitutes
a repetitive loss as defined by these floodplain regulations.
5.
Notify the applicant in writing when it is determined that the
work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood resistant construction requirements
of the building code is required, and notify the applicant in writing
when it is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-703.3 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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-703.3.2.
3.
Where the parcel on which the proposed development will take
place will have more than 50 lots or is larger than five acres and
base flood elevations are not included on the FIRM or in the Flood
Insurance Study, such elevations shall be established in accordance
with Section DRZ-703.3.2a3 of these regulations.
4.
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures.
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.
Existing and proposed alignment of any proposed alteration of
a watercourse.
8.
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.
|
[Added 10-3-2023 by Ord. No. 2651-23]
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.
|
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-703.3.4 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
DRZ-703.3.4 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 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).
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-705.6.2 shall be submitted to the Construction Official on an Elevation Certificate.
2.
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section
DRZ-705.6.2.
3.
Final Inspection. Prior to the final inspection, certification of the elevation required in Section
DRZ-705.6.2 shall be submitted to the Construction Official on an Elevation Certificate.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in §
DRZ-704.2.4, the conditions of issuance set forth in Section
DRZ-704.2.5, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
A variance to the substantial improvement requirements of these
floodplain regulations 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 these floodplain regulations, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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 703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
A thirty-day period shall be given to the property owner as
an opportunity to cure or abate the condition. The property owner
shall also be afforded an opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
[or an amount up to $2,000 under N.J.S.A. 40:49-5] 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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-703.3.3a1 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 DRZ-703.3.3a1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section
DRZ-705.6.2 of these floodplain regulations and the floodway requirements of N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
a.
The following are prohibited activities:
1.
The storage of unsecured materials is prohibited within a floodway
pursuant to N.J.A.C. 7:13.
2.
Fill and new structures are prohibited in floodways per N.J.A.C.
7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
[Added 10-3-2023 by Ord. No. 2651-23]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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).
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-705.6.2.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section
DRZ-705.6.2.
[Added 10-3-2023 by Ord. No. 2651-23]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section
DRZ-705.6.2 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
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
DRZ-705.6.2, 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).
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
The placement of recreational vehicles shall not be authorized
in coastal high hazard areas and in floodways.
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section
DRZ-705.6.2 for habitable buildings and Section
DRZ-705.3.3.
[Added 10-3-2023 by Ord. No. 2651-23]
Tanks. Underground and above-ground tanks shall be designed,
constructed, installed, and anchored in accordance with ASCE 24 and
N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-703.3.3a1 of these floodplain
regulations 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 DRZ-701.5.3;
4.
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter
5;
5.
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section DRZ-701.5.3 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:
(a)
Specifically allowed below the Local Design Flood Elevation;
and
(b)
Designed, constructed, and installed to prevent floodwaters,
including any backflow through the system from entering or accumulating
within the components.
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.
[Added 10-3-2023 by Ord. No. 2651-23]
Construction and Elevation in A Zones not including Coastal
A Zones.
a.
No portion of a building is located within a V Zone.
b.
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter
4.
c.
All new construction and substantial improvement of any habitable building (as defined in Section
DRZ-702 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 DRZ-701.5.3, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
d.
All new construction and substantial improvements of non-residential
structures shall:
1.
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section DRZ-701.5.3, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate; or
2.
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
(a)
Meets the requirements of ASCE 24 Chapters
2 and
7; and
(b)
Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design professional,
is certified by that individual in a Floodproofing Certificate, and
is confirmed by an Elevation Certificate.
e.
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
1.
For habitable structures, be situated at or above the adjoining
exterior grade along at least one entire exterior wall, in order to
provide positive drainage of the enclosed area in accordance with
N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which
are below grade on all sides are prohibited;
2.
Be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters
unless the structure is nonresidential and the requirements of Section
DRZ-705.6.2d2 are met;
3.
Be constructed to meet the requirements of ASCE 24 Chapter
2;
4.
Have openings documented on an Elevation Certificate; and
5.
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including pre-construction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(a)
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
(b)
The depth of flooding that the enclosure would experience to
the Flood Hazard Area Design Flood Elevation;
(c)
The deed restriction prohibits habitation of the enclosure and
explains that converting the enclosure into a habitable area may subject
the property owner to enforcement;
f.
For new construction or substantial improvements, enclosures
shall be less than 295 square feet in size.
[Added 10-3-2023 by Ord. No. 2651-23]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-703.3.3a1 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 six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section
DRZ-704 of these floodplain regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
Retaining walls, sidewalks and driveways that involve placement
of fill in floodways shall meet the requirements of Section DRZ-703.3.3a1
of these regulations and N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-703.3.3a1 of these
regulations. Above-ground swimming pools are prohibited in floodways
by N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
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.
[Added 10-3-2023 by Ord. No. 2651-23]
Temporary storage includes storage of goods and materials for
a period of less than 180 days. Stored materials shall not include
hazardous materials.
[Added 10-3-2023 by Ord. No. 2651-23]
Temporary structures and temporary storage in floodways shall
meet the requirements of Section DRZ-703.3.3a1 of these regulations.
[Added 10-3-2023 by Ord. No. 2651-23]
[Added 10-3-2023 by Ord. No. 2651-23]
In accordance with Section 312 of the International Building
Code, Utility and Miscellaneous Group U includes buildings and structures
that are accessory in character and miscellaneous structures not classified
in any specific occupancy in the Building Code, including, but not
limited to, agricultural buildings, aircraft hangars (accessory to
a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 square feet), fences
more than six feet (1829 mm) high, grain silos (accessory to a residential
occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-701.5.3.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-701.5.3 and in accordance with ASCE 24. Utility lines
shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Added 10-3-2023 by Ord. No. 2651-23]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section
DRZ-705.6.2 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.
[Added 10-3-2023 by Ord. No. 2651-23]
Flood-damage-resistant materials shall be used below the Local
Design Flood Elevation determined in Section DRZ-701.5.3.
[Added 10-3-2023 by Ord. No. 2651-23]
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 DRZ-701.5.3.
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).
|
[Ord. No. 2374-11, 706.2]
The Township Committee of the Township of Millburn finds that
riparian lands adjacent to streams, lakes, or other surface water
bodies that are adequately vegetated provide an important environmental
protection and water resource management benefit. It is necessary
to protect and maintain the beneficial character of riparian areas
by implementing specifications for the establishment, protection,
and maintenance of vegetation along the surface water bodies within
the jurisdiction of the Township of Millburn, consistent with the
interest of landowners in making reasonable economic use of parcels
of land that include such designated areas. The purpose of this ordinance
is to designate riparian zones, and to provide for land use regulation
therein in order to protect the streams, lakes, and other surface
water bodies of the Township of Millburn; to protect the water quality
of watercourses, reservoirs, lakes, and other significant water resources
within the Township of Millburn; to protect the riparian and aquatic
ecosystems of the Township of Millburn; to provide for the environmentally
sound use of the land resources of the Township of Millburn, and to
complement existing state, regional, county, and municipal stream
corridor protection and management regulations and initiatives.
The specific purposes and intent
of this ordinance are to:
a. Restore and maintain the chemical, physical,
and biological integrity of the water resources of the Township of
Millburn;
b. Prevent excessive nutrients, sediment,
and organic matter, as well as biocides and other pollutants, from
reaching surface waters by optimizing opportunities for filtration,
deposition, absorption, adsorption, plant uptake, biodegradation,
and denitrification, which occur when stormwater runoff is conveyed
through vegetated buffers as stable, distributed flow prior to reaching
receiving waters;
c. Provide for shading of the aquatic environment
so as to moderate temperatures, retain more dissolved oxygen, and
support a healthy assemblage of aquatic flora and fauna;
d. Provide for the availability of natural
organic matter (leaves and twigs) and large woody debris (trees and
limbs) that provide food and habitat for aquatic organisms (insects,
amphibians, crustaceans, and small fish), which are essential to maintain
the food chain;
e. Increase stream bank stability and maintain
natural fluvial geomorphology of the stream system, thereby reducing
stream bank erosion and sedimentation and protecting habitat for aquatic
organisms;
f. Maintain base flows in streams and moisture
in wetlands;
g. Control downstream flooding; and
h. Conserve the natural features important
to land and water resources, e.g., headwater areas, ground water recharge
zones, floodways, floodplains, springs, streams, wetlands, woodlands,
and prime wildlife habitats.
[Ord. No. 2374-11, 706.3]
The Township of Millburn is empowered to regulate land uses
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., which authorizes each municipality to plan and regulate
land use in order to protect public health, safety and welfare by
protecting and maintaining native vegetation in riparian areas. The
Township of Millburn is also empowered to adopt and implement this
ordinance under provisions provided by the following legislative authorities
of the State of New Jersey:
a. Water Pollution Control Act, N.J.S.A. 58:10A-1
et seq.
b. Water Quality Planning Act, N.J.S.A. 58:11A-1
et seq. and rules set forth at N.J.A.C. 7:15 et seq.
c. Spill Compensation and Control Act, N.J.S.A.
58:10-23 et seq.
d. Soil Erosion and Sediment Control Act,
N.J.S.A. 4:24 et seq.
e. Flood Hazard Area Control Act, N.J.S.A.
58:16A-50 et seq. and rules set forth at N.J.A.C. 7:13 et seq.
f. Stormwater Management Rules, N.J.A.C. 7:8
et seq.
[Ord. No. 2374-11, 706.4]
ACID PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to statute or ordinance.
APPLICANT
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this ordinance, and that would be located in whole or
in part within a regulated Riparian Zone.
CATEGORY ONE WATERS OR C1 WATERS
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
CATEGORY TWO WATERS OR C2 WATERS
Those waters not designated as Outstanding Natural Resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
FLOODWAY
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and Section
702.
INTERMITTENT STREAM
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
LAKE, POND, OR RESERVOIR
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of a Special Water Resource Protection Area (SWRPA) pursuant
to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters
as shown on the USGS quadrangle map or in the County Soil Surveys.
There is no riparian zone along the Atlantic Ocean nor along any man-made
lagoon or oceanfront barrier island, spit or peninsula.
RIPARIAN ZONE MANAGEMENT PLAN
A plan approved by the Engineer of the Township of Millburn.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any Riparian Zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA
A 300-foot area provided on each side of a surface water
body designated as a C1 water or tributary to a C1 water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
TROUT MAINTENANCE WATER
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
[Ord. No. 2374-11, 706.5]
a. Riparian zones adjacent to all surface
water bodies shall be protected from avoidable disturbance and shall
be delineated as follows:
1.
The Riparian Zone shall be 300 feet
wide along both sides of any Category One water (C1 water), and all
upstream tributaries situated within the same HUC 14 watershed. This
includes Special Water Resource Protection Areas or SWRPAs as defined
herein and shown on the USGS quadrangle map or in the County Soil
Surveys within the associated HUC 14 drainage, pursuant to the Stormwater
Management rules at N.J.A.C. 7:8-5.5(h).
2.
The Riparian Zone shall be 150 feet
wide along both sides of the following waters not designated as C1
waters:
(a)
Any trout production water and all
upstream waters (including tributaries);
(b)
Any trout maintenance water and all
upstream waters (including tributaries) within one linear mile as
measured along the length of the surface water body;
(c)
Any segment of a water flowing through
an area that contains documented habitat for a threatened or endangered
species of plant or animal, which is critically dependent on the surface
water body for survival, and all upstream waters (including tributaries)
within one linear mile as measured along the length of the surface
water body; and
(d)
Any segment of a surface water body
flowing through an area that contains acid producing soils.
3.
For all other surface water bodies,
a Riparian Zone of 50 feet wide shall be maintained along both sides
of the water.
b. The portion of the riparian zone that lies
outside of a surface water body is measured landward from the top
of bank. If a discernible bank is not present along a surface water
body, the portion of the riparian zone outside the surface water body
is measured landward as follows:
1.
Along a linear fluvial or tidal water,
such as a stream or swale, the Riparian Zone is measured landward
of the feature's center line;
2.
Along a non-linear fluvial water,
such as a lake or pond, the Riparian Zone is measured landward of
the normal water surface limit;
3.
Along a non-linear tidal water, such
as a bay or inlet, the Riparian Zone is measured landward of the mean
high water line; and
4.
Along an amorphously-shaped feature
such as a wetland complex, through which water flows but which lacks
a definable channel, the Riparian Zone is measured landward of the
feature's center line.
Where slopes (in excess of 15%) are
located within the designated widths, the Riparian Zone shall be extended
to include the entire distance of this sloped area to a maximum of
300 feet.
For areas adjacent to surface water
bodies for which the floodway has been delineated per the Flood Hazard
Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway
delineations, the Riparian Zone shall cover the entire floodway area,
or the area described above, whichever area has the greatest extent.
Requests for alterations to the adopted delineations can be provided
to the New Jersey Department of Environmental Protection for consideration
if site specific information is available.
c. A riparian zone is an overlay to the existing
zoning districts. The provisions of the underlying district shall
remain in full force except where the provisions of the Riparian Zone
differ from the provisions of the underlying district, in which case
the provision that is more restrictive shall apply. These provisions
apply to land disturbances resulting from or related to any activity
or use requiring application for any of the following permits or approvals:
• Building permit
• Zoning variance
• Special exception
• Conditional use
• Subdivision/land development
approval
d. A map of the riparian zones of the entire
municipality of the Township of Millburn, including all land and water
areas within its boundaries, which designates surface water bodies,
is included as part of this ordinance, and is appended as Figure 1.
Maps of the municipality on which
these designations have been overlain shall be on file and maintained
by the offices of the Clerk of the Township of Millburn. This map
conforms to all applicable laws, rules and regulations applicable
to the creation, modification and promulgation of zoning maps.
e. It shall be the duty of the Engineer of
the Township of Millburn, every second year after the adoption of
this ordinance, to propose modifications to the map delineating riparian
zones required by any naturally occurring or permitted change in the
location of a defining feature of a surface water body occurring after
the initial adoption of the Riparian Zone Map, to record all modifications
to the Riparian Zone Map required by decisions or appeals under Section
706.10, and by changes made by the New Jersey Department of Environmental
Protection in surface water classifications or floodway delineations.
f. The applicant or designated representative
shall be responsible for the initial determination of the presence
of a Riparian Zone on a site, and for identifying the area on any
plan submitted to the Township of Millburn in conjunction with an
application for a construction permit, subdivision, land development,
or other improvement that requires plan submissions or permits. This
initial determination shall be subject to review and approval by the
Municipal Engineer, Board of Adjustment, or its appointed representative,
and, where required, by the New Jersey Department of Environmental
Protection.
g. The municipal Master Plan provides the
legal basis for zoning and land use regulation at the local level.
h. Exemptions. Instead of the riparian zone
protection requirements above, the applicant must demonstrate compliance
with one of the following:
1.
The proposed project or activity
is not in the riparian zone.
2.
The proposed disturbance in a Riparian
Zone is for a linear development with no feasible alternative route.
If the Riparian Zone is associated with Category One waters, the linear
development must also meet the requirements for Special Water Resource
Protection Areas under the Stormwater Management rules at N.J.A.C.
7:8-5.5(h);
3.
The proposed disturbance in a Riparian
Zone is in accordance with a stream corridor restoration or stream
bank stabilization plan or project approved by the New Jersey Department
of Environmental Protection;
4.
The proposed disturbance of a Riparian
Zone is necessary to provide for public pedestrian access or water
dependent recreation that meets the requirements of the Freshwater
Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area
Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules,
N.J.A.C. 7:7E;
5.
The proposed disturbance of a Riparian
Zone is required for the remediation of hazardous substances performed
with New Jersey Department of Environmental Protection or Federal
oversight pursuant to the Spill Compensation and Control Act, N.J.S.A.
58:10-23.11a et seq. or the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et
seq.;
6.
The proposed disturbance is for redevelopment
that does not exceed the limits of existing impervious surfaces;
7.
The proposed disturbance would prevent
extraordinary hardship on the property owner peculiar to the property;
or prevent extraordinary hardship, provided the hardship was not created
by the property owner, that would not permit a minimum economically
viable use of the property based upon reasonable investment; and/or
8.
Demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20% or greater slope, except as allowed under h6 and
h7 above.
[Ord. No. 2374-11, 706.6]
a. For Riparian Zones in Category One waters
(C1 waters), permitted uses are governed by the Stormwater Management
rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act
rules, N.J.A.C. 7:13, unless otherwise exempt.
b. Any other Riparian Zone area shall remain
in a natural condition or, if in a disturbed condition, including
agricultural activities, at the time of adoption of this ordinance
may be restored to a natural condition. There shall be no clearing
or cutting of trees and brush, except for removal of dead vegetation
and pruning for reasons of public safety or for the replacement of
invasive species with indigenous species. There shall be no altering
of watercourses, dumping of trash, soil, dirt, fill, vegetative or
other debris, regrading or construction. The following uses are permitted
either by right or after review and approval by the municipality in
Riparian Zones. No new construction, development, use, activity, encroachment,
or structure shall take place in a Riparian Zone, except as specifically
authorized in this Section. The following uses shall be permitted
within a Riparian Zone:
1.
Open space uses that are primarily
passive in character shall be permitted by right to extend into a
Riparian Zone, provided near stream vegetation is preserved. These
uses do not require approval by the Zoning Enforcement Officer or
compliance with an approved Riparian Zone Management Plan. Such uses
include wildlife sanctuaries, nature preserves, forest preserves,
fishing areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding structures.
Such uses also include passive recreation areas of public and private
parklands, including unpaved hiking, bicycle and bridle trails, provided
that said trail have been stabilized with pervious materials.
2.
Fences, for which a permit has been
issued by the Construction Code Office, to the extent required by
applicable law, rule or regulation.
3.
Crossings by farm vehicles and livestock,
recreational trails, roads, railroads, stormwater lines, sanitary
sewer lines, water lines and public utility transmission lines, provided
that the land disturbance is the minimum required to accomplish the
permitted use, subject to approval by the Zoning Enforcement Officer,
provided that any applicable State permits are acquired, and provided
that any disturbance is offset by buffer improvements in compliance
with an approved Riparian Zone Management Plan and that the area of
the crossing is stabilized against significant erosion due to its
use as a crossing.
4.
Stream bank stabilization or riparian
reforestation, which conform to the guidelines of an approved Riparian
Zone Management Plan, or wetlands mitigation projects that have been
approved by the New Jersey Department of Environmental Protection,
subject to approval by the Zoning Enforcement Officer and subject
to compliance with an approved Riparian Zone Management Plan.
[Ord. No. 2374-11, 706.7]
a. All encroachments proposed into Riparian
Zones in C1 waters shall comply with the requirements of the Stormwater
Management rule at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control
Act rules, N.J.A.C. 7:13, and shall be subject to review and approval
by the New Jersey Department of Environmental Protection, unless exempt.
b. For all other Riparian Zones, the following
conditions shall apply:
1.
All new major and minor subdivisions
and site plans shall be designed to provide sufficient areas outside
of the Riparian Zone to accommodate primary structures, any normal
accessory uses appurtenant thereto, as well as all planned lawn areas.
2.
Portions of lots within the Riparian
Zone must be permanently restricted by deed or conservation easement
held by the Township of Millburn, its agent, or another public or
private land conservation organization which has the ability to provide
adequate protection to prevent adverse impacts within the Riparian
Zone. A complete copy of the recorded conservation restriction that
clearly identifies the deed book and pages where it has been recorded
in the office of the clerk of the applicable county or the registrar
of deeds and mortgages of the applicable county must be submitted
to the municipality. The applicant shall not commence with the project
or activity prior to making this submittal and receiving actual approval
of the plan modification and receipt of any applicable permits from
the New Jersey Department of Environmental Protection. The recorded
conservation restriction shall be in the form approved by the municipality
and shall run with the land and be binding upon the property owner
and the successors in interest in the property or in any part thereof.
The conservation restriction may include language reserving the right
to make de minimus changes to accommodate necessary regulatory approvals
upon the written consent of the municipality, provided such changes
are otherwise consistent with the purpose and intent of the conservation
restriction. The recorded conservation restriction shall, at a minimum,
include:
(a)
A written narrative of the authorized
regulated activity, date of issuance, and date of expiration, and
the conservation restriction that, in addition, includes all of the
prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
(b)
Survey plans for the property as
a whole and, where applicable, for any additional properties subject
to the conservation restrictions. Such survey plans shall be submitted
on the surveyor's letterhead, signed and sealed by the surveyor, and
shall include metes and bounds descriptions of the property, the site,
and the areas subject to the conservation restriction in New Jersey
State Plane Coordinates, North American Datum 1983, and shall depict
the boundaries of the site and all areas subject to the conservation
restriction as marked with flags or stakes on site. All such survey
plans shall be submitted on paper and in digital CAD or GIS file on
a media and format defined by the municipality. The flags or stakes
shall be numbered and identified on the survey plan; and
(c)
A copy or copies of deeds for the
property as a whole that indicate the deed book and pages where it
has been recorded in the office of the clerk of the applicable county
or the registrar of deeds and mortgages of the applicable county.
3.
Any lands proposed for development
which include all or a portion of a Riparian Zone shall as a condition
of any major subdivision or major site plan approval, provide for
the vegetation or revegetation of any portions of the Riparian Zone
which are not vegetated at the time of the application or which were
disturbed by prior land uses, including for agricultural use. Said
vegetation plan shall utilize native and non-invasive tree and plant
species to the maximum extent practicable in accordance with an approved
Riparian Zone Management Plan, described in Section 706.9.
4.
For building lots which exist as
of the date of adoption of this ordinance (adopted May 3, 2011 by
Ord. No. 2374-11), but for which a building permit or a preliminary
site plan approval has not been obtained or is no longer valid, the
required minimum front, side, and rear setbacks may extend into the
Riparian Zone, provided that a deed restriction and/or conservation
easement is applied which prohibits clearing or construction in the
Riparian Zone.
5.
All stormwater shall be discharged
outside of but may flow through a Riparian Zone and shall comply with
the Standard For Off-Site Stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).
6.
If stormwater discharged outside
of and flowing through a Riparian Zone cannot comply with the Standard
for Off-Site Stability cited in paragraph 5, above, then the proposed
stabilization measures must meet the requirements of the Flood Hazard
Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an
approved flood hazard area permit.
[Ord. No. 2374-11, 706.8]
Nonconforming structures and uses of land within the riparian
zone are subject to the following requirements:
a. Legally existing but nonconforming structures
or uses may be continued.
b. Any proposed enlargement or expansion of
the building footprint within the Riparian Zone of a C1 water shall
comply with the standards in the Stormwater Management rules at N.J.A.C.
7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
c. For all other Riparian Zones:
1.
Encroachment within the Riparian
Zone shall only be allowed where previous development or disturbance
has occurred and shall be in conformance with the Stormwater Management
rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules,
N.J.A.C. 7:13.
2.
Existing impervious cover shall not
be increased within the Riparian Zone as a result of encroachments
where previous development or disturbances have occurred.
3.
Discontinued nonconforming uses may
be resumed any time within one year from such discontinuance but not
thereafter when showing clear indications of abandonment. No change
or resumption shall be permitted that is more detrimental to the Riparian
Zone, as measured against the intent and purpose under Section 706.1,
than the existing or former nonconforming use. This one-year time
frame shall not apply to agricultural uses that are following prescribed
Best Management Practices for crop rotation. However, resumption of
agricultural uses must be strictly confined to the extent of disturbance
existing at the time of adoption of this ordinance (May 3, 2011).
[Ord. No. 2374-11, 706.9]
a. Any use within a Riparian Zone of a C1
water shall comply with the standards in the Stormwater Management
rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act
rules, N.J.A.C. 7:13.
b. For other Riparian Zones, any use or activity
not specifically authorized in Section 706.5 or Section 706.7 shall
be prohibited within the Riparian Zone. By way of example, the following
activities and facilities are prohibited:
1.
Removal or clear-cutting of trees
and other vegetation or soil disturbance such as grading, except for
selective vegetation removal for the purpose of stream or riparian
area stabilization or restoration projects that require vegetation
removal or grading prior to implementation.
2.
Storage of any hazardous or noxious
materials.
3.
Use of fertilizers, pesticides, herbicides,
and/or other chemicals in excess of prescribed industry standards
or the recommendations of the Soil Conservation District.
4.
Roads or driveways, except where
permitted in compliance with Section 706.5.
5.
Motor or wheeled vehicle traffic
in any area, except as permitted by this ordinance.
7.
Any type of permanent structure,
except structures needed for a use permitted by Section 706.5.
8.
New subsurface sewage disposal system
areas. The expansion and replacement of existing subsurface sewage
disposal system areas for existing uses is permitted.
9.
Residential grounds or lawns, except
as otherwise permitted pursuant to this ordinance.
[Ord. No. 2374-11, 706.10]
a. For Riparian Zones in C1 waters, requests
for exemptions must be authorized by the New Jersey Department of
Environmental Protection, as per the Stormwater Management rules at
N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C.
7:13.
b. For other Riparian Zones, hardship variances
may be granted by the Zoning Board of Adjustment in cases of a preexisting
lot (existing at the time of adoption of this ordinance) when there
is insufficient room outside the Riparian Zone for uses permitted
by the underlying zoning and there is no other reasonable or prudent
alternative to placement in the Riparian Zone, including obtaining
variances from setback or other requirements that would allow conformance
with the Riparian Zone requirements, and provided the following demonstrations
are made:
1.
An applicant shall be deemed to have
established the existence of an extreme economic hardship, if the
subject property is not capable of yielding a reasonable economic
return if its present use is continued or if it is developed in accordance
with provisions of this ordinance and that this inability to yield
a reasonable economic return results from unique circumstances peculiar
to the subject property which:
(a)
Do not apply to or affect other property
in the immediate vicinity;
(b)
Relate to or arise out of the characteristics
of the subject property because of the particular physical surroundings,
shape or topographical conditions of the property involved, rather
than the personal situations of the applicant; and are not the result
of any action or inaction by the applicant or the owner or his predecessors
in title.
(c)
The necessity of acquiring additional
land to locate development outside the riparian zone shall not be
considered an economic hardship unless the applicant can demonstrate
that there is no adjacent land that is reasonably available or could
be obtained, utilized, expanded or managed in order to fulfill the
basic purpose of the proposed activity.
2.
An applicant shall be deemed to have
established compelling public need if the applicant demonstrates,
based on specific facts that one of the following applies:
(a)
The proposed project will serve an
essential public health or safety need;
(b)
The proposed use is required to serve
an existing public health or safety need; or
(c)
There is no alternative available
to meet the established public health or safety need.
3.
A variance can only be granted if
it is shown that the activity is in conformance with all applicable
local, State, and Federal regulations, including but not limited to
the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard
Area Control Act rules, N.J.A.C. 7:13, and that the exception granted
is the minimum relief necessary to relieve the hardship.
c. If such an exception is granted, the applicant
shall rehabilitate an environmentally degraded Riparian Zone area
within or adjacent to the same site, and at least equivalent in size
to the Riparian Zone reduction permitted, or, if not possible, rehabilitate
or expand a Riparian Zone area at least equivalent in size within
a nearby site and, if available, within the same watershed. Rehabilitation
shall include reforestation, stream bank stabilization and removal
of debris, in accordance with a Riparian Zone Management Plan, as
described in Section 706.10 below. In lieu of such rehabilitation,
the Township of Millburn may accept a financial contribution in the
amount of 125% of the cost of rehabilitation, payment of which shall
be made to the Township of Millburn Open Space Fund.
[Ord. No. 2374-11, 706.11]
a. Within any Riparian Zone, no construction,
development, use, activity, or encroachment shall be permitted unless
the effects of such development are accompanied by preparation, approval,
and implementation of a Riparian Zone Management Plan.
b. The landowner, applicant, or developer
shall submit to the Zoning Officer, or its appointed representative,
a Riparian Zone Management Plan prepared by an environmental professional,
professional engineer or other qualified professional which fully
evaluates the effects of any proposed uses on the Riparian Zone. The
Riparian Zone Management Plan shall identify the existing conditions
including:
2.
Field delineated surface water bodies;
3.
Field delineated wetlands;
5.
Flood Hazard Areas, including floodway
and flood fringe areas, as delineated by the New Jersey Department
of Environmental Protection;
6.
Soil classifications as found on
Soil Surveys;
7.
Existing subdrainage areas of site
with HUC (Hydrologic Unit Code) 14 designations;
8.
Slopes in each subdrainage area segmented
into sections of slopes less than 15%; above 15% but less than 20%;
and steep slopes greater than 20%. The proposed plan shall describe
all proposed uses/activities, and fully evaluate the effects of all
proposed uses/activities in a riparian zone, and all proposed management
techniques, including proposed vegetation and any other measures necessary
to offset disturbances to the Riparian Zone. A discussion of activities
proposed as well as management techniques proposed to offset disturbances
and/or enhance the site to improve the Riparian Zone's ability to
function effectively as a Riparian Zone shall also be included with
the Riparian Zone Management Plan submittal to the Township of Millburn.
c. The Plan shall be reviewed and must be
approved by the Engineer of the Township of Millburn, in consultation
with the Environmental Commission, as part of the subdivision and
land development process.
d. The Riparian Zone Management Plan must
include management provisions in narrative and/or graphic form specifying:
1.
The manner in which the area within
the Riparian Zone will be owned and by whom it will be managed and
maintained.
2.
The conservation and/or land management
techniques and practices that will be used to conserve and protect
the Riparian Zone, as applicable.
3.
The professional and personnel resources
that are expected to be necessary, in order to maintain and manage
the Riparian Zone.
4.
A revegetation plan, if applicable,
that includes: three layers of vegetation, including herbaceous plants
that serve as ground cover, understory shrubs, and trees that when
fully mature, will form an overhead canopy. Vegetation selected must
be native, non-invasive species, and consistent with the soil, slope
and moisture conditions of the site. The revegetation plan shall be
prepared by a qualified environmental professional, landscape architect,
or professional engineer, and shall be subject to the approval of
the Engineer of the Township of Millburn, in consultation with the
Environmental Commission. Dominant vegetation in the Riparian Zone
Management Plan shall consist of plant species that are suited to
the Riparian Zone environment. The Engineer of the Township of Millburn
may require species suitability to be verified by qualified experts
from the Soil Conservation District, Natural Resources Conservation
Service, New Jersey Department of Environmental Protection, US Fish
and Wildlife Service and/or State or Federal forest agencies.
e. A Riparian Zone Management Plan is not
required where the Riparian Zone is not being disturbed and conservation
easements/deed restrictions are applied to ensure there will be no
future clearing or disturbance of the Riparian Zone.
f. Performance of the Riparian Zone Management
Plan shall be guaranteed for two years by a surety as approved by
the Township Attorney, such as a bond, cash or irrevocable letter
of credit, which shall be provided to the Township of Millburn prior
to the Township of Millburn issuing any permits or approving any uses
relating to the applicable use or activity.
[Ord. No. 2374-11, 706.12]
a. When a landowner or applicant disputes
the boundaries of a Riparian Zone, or the defined bank-full flow or
level, the landowner or applicant shall submit evidence to the Zoning
Officer that describes the Riparian Zone, presents the landowner or
applicant's proposed Riparian Zone delineation, and presents all justification
for the proposed boundary change, including but not limited to, a
verification issued under the Flood Hazard Area Control Act rules
at N.J.A.C. 7:13-6, or an approval from the New Jersey Department
of Environmental Protection to encroach within the Special Water Resource
Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management
rules at N.J.A.C. 7:8-5.5(h)1ii.
b. Within 45 days of a complete submission of Section 706.11a above,
the Engineer of the Township of Millburn, or appointed representative,
shall evaluate all material submitted and shall make a written determination,
a copy of which shall be submitted to the Zoning Officer and the landowner
or applicant. Failure to act within the forty-five-day period shall
not be interpreted to be an approval of the proposed boundary change.
c. Any party aggrieved by any such determination
or other decision or determination under Section 706.11b may appeal
to the Board of Adjustment under the provisions of this ordinance.
The party contesting the location
of the Riparian Zone boundary shall have the burden of proof in case
of any such appeal.
d. Any party aggrieved by any determination
or decision of the Board of Adjustment under this ordinance may appeal
to the Superior Court of the State of New Jersey. The party contesting
the determination or decision shall have the burden of proof in case
of any such appeal.
e. Inspections.
1.
Lands within or adjacent to an identified
Riparian Zone shall be inspected by Township Engineer or his/her designee
when:
(a)
A subdivision or land development
plan is submitted;
(b)
A building permit is requested;
(c)
A change or resumption of a nonconforming
use is proposed;
(d)
A discontinued nonconforming use
is resumed more than a year later, as described in Section 706.8.
2.
The Riparian Zone may also be inspected
periodically by representatives from the Township of Millburn if excessive
or potentially problematic erosion is present, other problems are
discovered, or at any time when the presence of an unauthorized activity
or structure is brought to the attention of municipal officials or
when the downstream surface waters are indicating reduction in quality.
f. Conflicts. All other ordinances, parts
of ordinances, or other local requirements that are inconsistent or
in conflict with this ordinance are hereby superseded to the extent
of any inconsistency or conflict, and the provisions of this ordinance
apply.
g. Severability.
1.
Interpretation: This ordinance shall
be so construed as not to conflict with any provision of New Jersey
or Federal law.
2.
Notwithstanding that any provision
of this ordinance is held to be invalid or unconstitutional by a court
of competent jurisdiction, all remaining provisions of the ordinance
shall continue to be of full force and effect.
3.
The provisions of this ordinance
shall be cumulative with, and not in substitution for, all other applicable
zoning, planning and land use regulations.
[Ord. No. 2374-11, 706.13]
A prompt investigation shall be made by the appropriate personnel
of the Township of Millburn, of any person or entity believed to be
in violation hereof. If, upon inspection, a condition which is in
violation of this ordinance is discovered, a civil action in the Special
Part of the Superior Court, or in the Superior Court, if the primary
relief sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Any person who violates this ordinance or fails to comply
with any requirements shall upon conviction be fined not more than
$2000 or imprisoned for not more than 30 days, or both, for each violation,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein shall prevent the Township of Millburn from taking
such other lawful action as is necessary to prevent or remedy any
violation.
Nothing in this ordinance shall be
construed to preclude the right of the Township of Millburn, pursuant
to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in
Municipal Court. The violation of any Section or Subsection of this
ordinance shall constitute a separate and distinct offense independent
of the violation of any other Section or Subsection, or of any order
issued pursuant to this ordinance. Each day a violation continues
shall be considered a separate offense.
[Ord. No. 2374-11, 706.13]
This ordinance shall take effect upon final passage and publication
in accordance with the law.
Figure 1
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