The Legislature of the State of New Jersey has,
in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local
governmental units to adopt regulations designed to promote public
health, safety, and general welfare of their citizenry.
It is the purpose of this article to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly
flood control projects;
C. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for
the use and development of areas of special flood hazard so as to
minimize future flood blight areas.
G. To insure that potential buyers are notified that
property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this article
includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help accommodate
or channel floodwaters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
Unless specifically defined below, words or
phases used in this article shall be interpreted so as to give them
the meaning they have in common usage and to give this article its
most reasonable application:
AH ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone
[Added 10-11-2017 by Ord. No. 2017-05]
APPEAL
A request for a review of the Construction Code Official’s
interpretation of any provision of this article or a request for a
variance.
AO ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
[Added 10-11-2017 by Ord. No. 2017-05]
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO zone on the Township’s Flood
Insurance Rate Map [FIRM] with a one-percent 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 maybe evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
[Amended 10-11-2017 by Ord. No. 2017-05]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 10-11-2017 by Ord. No. 2017-05]
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year.
[Added 10-11-2017 by Ord. No. 2017-05]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
[Amended 10-11-2017 by Ord. No. 2017-05]
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
including storage of equipment or materials located within the area
of special flood hazard.
ELEVATED BUILDING
A nonbasement building (i) built, in the case of a building
in an Area of Special Flood Hazard, to have the top of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood up to the
magnitude of the base flood. In an Area of Special Flood Hazard, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of flood waters.
[Amended 10-11-2017 by Ord. No. 2017-05]
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 10-11-2017 by Ord. No. 2017-05]
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary/Floodway
Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 10-11-2017 by Ord. No. 2017-05]
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
[Amended 10-11-2017 by Ord. No. 2017-05]
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.
[Added 10-11-2017 by Ord. No. 2017-05]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 10-11-2017 by Ord. No. 2017-05]
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places 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 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.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided that
such enclosure is not built so to render the structure in violation
of other applicable non-elevation design requirements of 44 CFR 60.3.
[Amended 10-11-2017 by Ord. No. 2017-05]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the longest horizontal projections;
C.
Designed to be self-propelled or permanently
towable by a light-duty truck; and
D.
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
START OF CONSTRUCTION
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act) includes substantial improvements
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site such as the pouring of a slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling nor
does it include the installation of streets and/or walkways, nor does
it include excavation for a basement, footings or piers, or foundations
or the erection of temporary forms, nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE
A walled and roofed building, or a gas or liquid storage
tank, that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred..
[Amended 10-11-2017 by Ord. No. 2017-05]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 10-11-2017 by Ord. No. 2017-05]
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 article which
permits construction in a manner that would otherwise be prohibited
by this article.
VIOLATION
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 10-11-2017 by Ord. No. 2017-05]
This article shall apply to all areas of special
flood hazards within Springfield Township.
[Amended 10-11-2017 by Ord. No. 2017-05]
A. The areas
of special flood hazard for the Township of Springfield, Community
No. 340116, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1) A
scientific and engineering report “Flood Insurance Study, Burlington
County, New Jersey (All Jurisdictions)” dated December 21, 2017.
(2) “Flood
Insurance Rate Map for Burlington County, New Jersey (All Jurisdictions)”
as shown on Index and panels 34005C0129F, 34005C0135F, 34005C0141F,
34005C0142F, 34005C0144F, 34005C0160F, 34005C0161F, 34005C0162F, 34005C0163F,
34005C0164F, 34005C0166F, 34005C0168F, 34005C0170F, 34005C0190F, 34005C0277F,
34005C0281F, whose effective date is December 21, 2017.
B. The above
documents are hereby adopted and declared to be a part of this ordinance.
The Flood Insurance Study and maps are on file at 2159 Jacksonville-Jobstown
Road, Jobstown, New Jersey.
[Amended 10-11-2017 by Ord. No. 2017-05]
No structure or land shall hereafter be constructed,
relocated to, extended, converted, or altered without full compliance
with the terms of this chapter and other applicable regulations. Violation
of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this chapter or fails to comply with any of
its requirements shall upon conviction thereof be fined not more than
$2,000 or imprisoned for not more than 90 days, or both, for each
violation, and in addition shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the Township of
Springfield from taking such other lawful action as is necessary to
prevent or remedy any violation.
This article is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions.
However, where this article and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
article, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body;
and
C. Deemed neither to limit nor repeal any other powers
granted by state law.
The degree of flood protection required by this
article is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights maybe increased by man-made
or natural causes. This article does not imply that land outside the
area of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This article shall not
create liability on the part of the Township, any officer or employee
thereof or the Federal Insurance Administration for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
[Amended 10-11-2017 by Ord. No. 2017-05]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in §
215-61. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
B. Elevation in relation to mean sea level to which any
structure has been floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in §
215-70G(2); and
D. Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
The Construction Code Official is hereby designated
to administer and implement this article by granting or denying development
permit applications in accordance with its provisions.
Duties of the Administrative Officer shall include,
but not be limited to:
A. Permit review.
(1) Review all development permits to determine that the
permit requirements of this article have been satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of §
215-71A are met.
B. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with §
215-61, Basis for establishing areas of special flood hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §
215-70, Specific standards, Subsections
G(1) (residential construction) and G(2) (nonresidential construction).
C. Information to be obtained and maintained.
(1) Obtain and record the actual elevation in relation
to mean sea level of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(2) For all new or substantially improved floodproofed
structures:
(a)
Verify and record the actual elevation (in relation
to mean sea level); and
(b)
Maintain the floodproofing certifications required in §
215-66C.
(3) Maintain for public inspection all records pertaining
to the provisions of this article.
D. Alteration of watercourses.
(1) Notify adjacent communities and the New Jersey Department
of Environmental Protection, Bureau of Flood Control and the Land
Use Regulation Program prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Insurance Administration
[Amended 10-11-2017 by Ord. No. 2017-05]
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so the flood-carrying capacity
is not diminished.
E. Substantial
damage review.
[Added 10-11-2017 by Ord. No. 2017-05]
(1) After
an event resulting in building damages, assess the damage to structures
due to flood and non-flood causes.
(2) Record
and maintain the flood and non-flood damage of substantial damage
structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
(3) Ensure substantial improvements meet the requirements of §
215-70A, Specific standards, residential construction, §
215-70B, Specific standards, nonresidential construction, and §
215-70C, Specific standards, manufactured homes.
F. Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §
215-69.
Located within areas of special flood hazard established in §
215-61 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. All encroachments, including fill, new construction,
substantial improvements and other development unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge,
are prohibited.
B. If the previous provision is satisfied, all new construction and substantial flood hazard reduction provisions of §
215-70A through and including G must be satisfied.
C. In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than 0.2 of a foot
at any point.