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 sound 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.
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 developments
which may increase flood damage.
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
As used in this chapter, the following terms
shall have the meanings indicated:
APPEAL
A request for a review of the designated official's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year.
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.
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
located within the area of special flood hazard.
ELEVATED BUILDING
A.
A nonbasement building:
(1)
Built in the case of a building in an area of
special flood hazard to have the top of the elevated floor or in the
case of a building in a coastal high hazard area to have the bottom
of the lowest horizontal structural member 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 water; and
(2)
Adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood.
B.
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. In areas of coastal high hazard,
elevated building also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
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; and/or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
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
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.
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.
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 as to render the structure in violation
of other applicable nonelevation design requirements.
MANUFACTURED HOME
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 connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
START OF CONSTRUCTION (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act, P.L. 97-348)
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, 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 state 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.
STRUCTURE
A walled and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
A.
Any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
(1)
Before the improvement or repair is started;
or
(2)
If the structure has been damaged and is being
restored, before the damage occurred.
B.
For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
C.
The term does not, however, include either:
(1)
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions;
or
(2)
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
VARIANCE
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 Town.
The areas of special flood hazard identified
by the Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the Town of Boonton,
New Jersey," dated November 19, 1980, with accompanying Flood Insurance
Rate Maps and Flood Boundary-Floodway Maps, is hereby adopted by reference
and declared to be a part of this chapter. The Flood Insurance Study
is on file in the Office of the Town Clerk.
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 violated this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, General Provisions, Article
III, General Penalty, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town 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 restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers
granted under state statutes.
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. 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. This chapter shall not
create liability on the part of the Town, 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.
The Mayor and Board of Aldermen will appoint
by resolution an official or officials to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions. For the purpose of this chapter,
the official shall be referred to as the "designated official."
The duties of the designated official shall
include, but not be limited to:
A. Permit review.
(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.
(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of §
140-17A are met.
B. Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with §
140-6, 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 §
140-16A and
C.
C. Information to be obtained and maintained.
(1) Obtain and record the actual elevation (in relation
of mean sea level) of the lowest habitable floor (including basement)
of all new or substantially improved structures, and whether or not
the structure contains a basement.
(2) For all new, 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 §
140-11B(3).
(3) Maintain for public inspection all records pertaining
to the provisions of this chapter.
D. Alteration of watercourses.
(1) Notify adjacent communities and the (required state
agency) 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. 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 §
140-14.
In all areas of special flood hazards, the following
standards are required.
A. Anchoring.
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2) 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.
(1) All new construction and substantial improvement shall
be constructed with materials and utility equipment resistant to flood
damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
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 floodwater.
(3) On-site water 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.
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed developments 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 subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowed for the entry and exit of floodwaters.
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)
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.
(b)
The bottom of all openings shall be no higher
than one foot above grade.
(c)
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in §
140-6 or in §
140-13B, the following standards are required:
A. Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
B. Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation or, together with
attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water.
(2) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(3) 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 §
140-13C(2)(b).
C. Mobile home.
(1) Mobile homes shall be anchored in accordance with §
140-15A.
(2) All manufactured homes to be placed or substantially
improved within an area of special flood hazard shall be elevated
on a permanent foundation such that the top of the lowest floor is
at or above the base flood elevation.
Located within areas of special flood hazard established in §
140-6 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. 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.
B. If Subsection
A above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
C. Prohibit the placement of any mobile homes, except
in an existing mobile home park or existing mobile home subdivision.