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 to:
A. Restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or increase in flood heights
or velocities.
B. Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C. Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters.
D. Control filling, grading, dredging and other development
which may increase erosion or flood damage.
E. Identify and provide a method of identification of
the floodplains, floodways and watercourses located within the Township
and to provide for the proper use of Township land and property located
in areas within the Township subject to periodic flooding in order
to attempt to protect and secure the safety of construction located
in such areas from periodic flooding.
F. Reduce the financial burdens imposed upon the community
by the improper occupancy and use of areas subject to periodic flooding
within the Township.
G. Establish construction standards in areas within the
Township subject to periodic flooding in order to attempt to prevent
loss of life, property damage, and other losses and risk associated
with flooding conditions.
H. Provide a procedure for obtaining building permits
for construction within areas of the Township subject to periodic
flooding.
As used in this chapter, the following terms
shall have the meanings indicated:
FLOOD
An overflow of water onto lands not normally covered by water
where the inundation of land is temporary and the land is adjacent
to and inundated by overflow from a watercourse, or lake, or other
body of standing water.
FLOODPLAIN
The relatively flat low lands which are contiguous areas
paralleling major rivers or streams that constitute at their maximum
edge the highest flood levels experienced in a period of 100 years;
shall include wetland areas that are part of the river flow system;
and shall include contiguous areas paralleling major rivers or streams
that exhibit unstable soil conditions for development.
FLOODWAY
The channel of any watercourse and those portions of the
floodplain adjoining the channel which are reasonably required to
carry and discharge floodwater.
LOCATE
To construct, place, insert or excavate.
MATERIAL
Any organic or inorganic material or substance.
ONE-HUNDRED-YEAR FLOOD
A flood having an average of one in 100 probability of occurrence
in any one year or a 1% chance of occurring in any given year.
OWNER
Any person who has dominion over, control of, or title to
a parcel of land.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind.
STRUCTURE
Any assembly of materials above or below the surface of land
or water, including but not limited to houses, buildings, bulkheads,
piers, docks and waterway obstructions.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. 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 structures.
The term does not, however, include either any project for improvement
or 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 any alteration of a structure listed on
the National Register of Historic Places or a State Inventory or Historic
Places.
VARIANCE
A grant of relief to a person from the requirements of this
chapter which permits construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
WATERCOURSE
Any waterway or other body of water having well-defined banks,
including rivers, streams, creeks and brooks, whether continually
or intermittently flowing.
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
areas 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 Township or by any officer or
employee thereof for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
In all areas of special flood hazards, the following
provisions are required:
A. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B. All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
C. All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage.
D. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
E. 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.
F. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
Penalties for violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, §
1-3. The provisions of Chapter
1, Article
II, Municipal Civil Infractions, also apply to violations of this chapter.