[HISTORY: Adopted by the Township Committee of the Township
of Andover by Ord. No. 81-30 (Ch. XIIB of the 1973 Code), amended in its entirety 7-11-2011 by Ord. No. 2011-09. Subsequent amendments noted where applicable.]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1 et seq., delegated the responsibility to local governmental
units to adopt regulations designed to promote public health, safety,
and general welfare of its citizenry. Therefore, the Township Committee
of Andover Township, New Jersey, does ordain as follows.
A.
The
flood hazard areas of the Township of Andover are subject to periodic
inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
B.
These
flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and, when inadequately anchored, damage uses in other areas. Uses
that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
It is the purpose of this chapter 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 alternate use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
G.
To
ensure 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 chapter 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 phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
A request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO, AH or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent-or-greater annual
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor surface subgrade
(below ground level) on all sides.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
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.
A nonbasement building 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 ground level by means of piling, columns (posts
and piers), or shear walls parallel to the flow of the water, and
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 floodwaters.
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.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 nonelevation design requirements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
A vehicle which is built on a single chassis; is 400 square
feet or less when measured at the longest horizontal projections;
is designed to be self-propelled or permanently towable by a light-duty
truck; and is designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided that 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.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Andover.
A.
For the areas of special flood hazard for the Township of Andover,
Community No. 340527, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report "Flood Insurance Study, Sussex
County New Jersey, (All Jurisdictions)," dated September 29, 2011.
(2)
Flood Insurance Rate Map for Sussex County, New Jersey (All Jurisdictions),
as shown on Index and Panel Nos. 34037C0292E, 34037C0293E, 34037C0294E,
34037C0303E, 34037C0304E, 34037C0311E, 34037C0315E, 34037C0316E, 34037C0318E,
34037C0382E, 34037C0401E, 34037C0402E; the effective date of which
is September 29, 2011.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file at
134 Newton-Sparta Road, Newton, New Jersey.
No structure or land shall hereafter be constructed, located,
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 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 Andover from taking such other lawful
action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and other ordinance, easement, covenant, or deed
restrictions conflict or overlap, whichever imposed the more stringent
restrictions shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
A.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
B.
This chapter 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.
C.
This chapter shall not create liability on the part of the Township
of Andover, any officer or employee thereof or the Federal Insurance
Administration for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 55-17B(2).
B.
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:
(1)
Elevation, in relation to mean sea level, of the lowest floor (including
basement) of all structures;
(2)
Elevation in relation to mean sea level to which any structure has
been floodproofed;
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 55-17B(2); and
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the Construction Official shall include, but not be
limited to:
A.
Permit review. The Construction Official shall:
(1)
Review all development permits to determine that the permit requirements
of this chapter 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.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 55-7, Basis for establishing areas of special flood hazard, the local administrator 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 § 55-17, Specific standards.
C.
Information to be obtained and maintained. The Construction Official
shall:
(1)
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alteration of watercourses. The Construction Official shall:
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section, and the Land Use
Regulation Program prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FIRM boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 55-15.
A.
Appeal Board.
(1)
The Planning Board as established by Andover Township Committee shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
(2)
The Planning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Construction Official in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court, as provided in N.J.S.A.
40:55D-17.
(4)
In passing upon such applications, the Planning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(5)
Upon consideration of the factors of Subsection A(4) above, and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Construction Official shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection A(4)(a) through (k) above have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4) above, or conflict with existing local laws or ordinances.
(6)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
General standards. In all areas of special flood hazards the
following standards are required:
A.
Anchoring.
(1)
Anchoring generally. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2)
Anchoring of manufactured homes. All manufactured homes shall be
anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind
forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters; and
(3)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(4)
Electrical, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(4)
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres (whichever is less).
E.
Enclosure openings.
(1)
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters.
(2)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or must meet or exceed
the following minimum criteria: A minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, or other covering or devices,
provided that they permit the automatic entry and exit of floodwaters.
In all cases of special flood hazards where base flood elevation data have been provided as set forth in § 55-7, Basis for establishing areas of special flood hazard, or in § 55-14B, Use of other base flood data, the following standards are required:
A.
Residential construction.
(1)
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement together with the
attendant utilities and sanitary facilities, elevated to or above
base flood elevation.
(2)
Within any AO Zone on the municipality's FIRM, that all new
construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number is specified); and,
require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
B.
Nonresidential construction. In the area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including basement together with the attendant utilities and
sanitary facilities, either:
(1)
Elevated to the level of the base flood elevation; and within any
AO Zone on the municipality's DFIRM, that all new construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall have the lowest floor elevated above
the highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number if specified); and,
require adequate drainage paths around structures or slopes to guide
floodwaters around and away from proposed structures; or
(2)
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 55-14C.
C.
Manufactured homes.
A.
Located within areas of special flood hazard established in § 55-7 are areas designated as floodways.
B.
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:
(1)
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(3)
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 2/10 of a foot at any point.
