Borough of Florham Park, NJ Flood Damage Prevention

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.

§ 215-3 Findings of fact.

The flood hazard areas of the Borough of Florham Park 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.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard 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.

§ 215-4 Statement of purpose.

It is the purpose of this ordinance 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 protect human life and health.

To minimize expenditure of public money for costly flood control projects.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

To minimize prolonged business interruptions.

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.

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.

To ensure that potential buyers are notified that property is in an area of special flood hazard.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 215-5 Methods of reducing flood losses.

In order to accomplish its purposes, this ordinance includes methods and provisions for:

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.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel flood waters.

Controlling filling, grading, dredging and other development which may increase flood damage.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 215-6 Definitions and word usage.

Word usage. Unless specifically defined below or by Article I of Chapter 250, words or phases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

APPEAL

A request for a review of the Borough Engineer's interpretation of any provision of this ordinance or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an avenge 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.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent 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.

BASE FLOOD ELEVATION

That elevation or locations at which there is a one-percent chance of annual flood occurrence. Base flood elevations are posted at cross sections on the Flood Insurance Rate Map.

BREAKAWAY WALL

A wall that is 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.

CLUSTERED

The arrangement of lots or structures in such a way as to minimize the total land coverage area and to minimize the total open space area.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The New Jersey Department of Environmental Protection.

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 or storage of equipment or materials, located within the area of special flood hazard.

ELEVATED BUILDING

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, 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 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.

FLOOD or FLOODING

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 FRINGE AREA

That portion of the special flood hazard area outside the floodway.

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 Insurance Rate Map and the water surface elevation of the base flood.

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.

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.

HISTORIC STRUCTURE

Any structure that is:

(1)

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.

(2)

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;

(3)

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

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior, or

(b)

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, useable solely for the parking of vehicles, building access or storage in an area other than 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.

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 attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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.

NEW 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 on or after the effective date of the floodplain management regulations adopted by the municipality

PEAK FLOW DISCHARGE

The highest value or stage of discharge attained during a flood event, expressed as a design discharge in cubic feet per second.

PERSON

Includes any individual or group of individuals, corporation, partnership, association or any other organized group of persons, including state and local governments and agencies thereof.

RATIONAL METHOD

The method accepted by the engineering profession in determining surface water hydrology which requires the determination of watershed area, runoff coefficients and rainfall intensity based on time of concentration.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; 400 square feet or less when measured at the longest horizontal projections; 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.

SOIL CONSERVATION SERVICE METHOD

The method of determining surface water hydrology developed by the United States Department of Agriculture, Soil Conservation Service, as outlined in the United States Department of Agriculture Engineering Field Manual for Conservation Practices, as revised.

SOIL EROSION AND SEDIMENT CONTROL PLAN

The plan prepared indicating any temporary or permanent measures to be taken to prevent erosion and/or sediment damage to the site in conformance with applicable state and Borough laws.

SPECIAL FLOOD HAZARD AREA

The floodway and the flood fringe area as designated on the Flood Insurance Rate Map. This is the area which has a one-percent chance of being inundated; it is further delineated by the base flood elevations and floodway widths as posted at the cross sections on the Flood Insurance Rate Map. Its precise boundary for any specific location must be fixed by field survey. This area must be at a minimum the same as the Flood Insurance Study.

START OF CONSTRUCTION

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.

STRUCTURE

A walled and roofed building, 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, 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:

(1)

Any project for improvement of a structure to correct existing violations of the 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

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

SURFACE WATER MANAGEMENT PLAN

A plan consistent with the purposes and policies of this chapter which fully indicates all necessary land treatment measures and techniques, including a schedule for implementation and maintenance.

VARIANCE

A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

§ 215-7 Lands to which this ordinance applies.

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Florham Park

§ 215-8 Basis for establishing the areas of special flood hazard.

[Amended 12-17-2002 by Ord. No. 20-02]

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 Borough of Florham Park," dated December 20, 2002, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file in the Office of the Borough Clerk.

§ 215-9 Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance 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 ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,500 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 Borough of Florham Park from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 215-10 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 215-11 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body, and

Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 215-12 Warning and disclaimer of liability.

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 hazard 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 Borough of Florham Park, 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.

§ 215-13 Establishment of development permit.

A surface water management plan, hereafter termed "SWMP," shall be submitted to and be approved by the Planning Board prior to issuance of any site plan or subdivision approval, variance, building permit, soil removal permit or soil erosion and sediment control permit and before any landfill is commenced.

A development plan shall be obtained before construction or development begins within any area of special flood hazard established in Section 215-8. Application for a development permit shall be made on forms furnished by the Borough Engineer 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 and 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)

Certificate by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria as required by § 215-20C.

(4)

Description to the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 215-14 Administrative official.

The Borough Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

Duties of the Borough Engineer shall include but not be limited to:

(1)

Reviewing all development permits to determine that the permit requirements of this chapter have been satisfied.

(2)

Reviewing 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)

Reviewing all development permits to determine if the proposed development is located in the floodway; if located in the floodway, assuring that the encroachment provisions of § 215-21 are met.

§ 215-15 Use of other base flood data.

When base flood elevation data have not been provided in accordance with Section 215-8, the Borough Engineer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § 215-20D(1) and (2).

§ 215-16 Information to be obtained and maintained.

The following information is to be obtained and maintained:

Obtain and record the actual elevation in relation to mean sea level of the lowest habitable floor, including basement, of all new or substantially improved structures, and note whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures:

(1)

Verify and record the actual elevation in relation to mean sea level; and

(2)

Maintain the floodproofing certifications required in § 215-13C(3).

Maintain for public inspection all records pertaining to the provisions of this chapter.

§ 215-17 Alteration of watercourses.

Adjacent communities and the New Jersey Department of Environmental Protection shall be notified prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration.

It shall be required that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

§ 215-18 Interpretation of FIRM boundaries.

Interpretations shall be made, where needed, as to the exact location of the boundaries of the areas of special flood hazard; 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 § 215-19.

§ 215-19 Variance procedure.

Appeal Board.

(1)

The Planning Board as established by the Borough of Florham Park 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 Borough Engineer 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 governing body. Such appeal shall be made in accordance with the provisions of 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.

(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) of this section 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 Borough Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Conditions for variance.

(1)

Generally, variances may be issued for new construction and substantial improvement 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, provided that the items listed in Subsection A(4)(a) through (k) of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(3)

Variances shall not be issued within any designated floodway if an 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 to afford relief considering the flood hazard.

(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.

(c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4) of this section 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.

§ 215-20 Standards for flood hazard reduction.

General.

(1)

Each SWMP shall contain the following:

(a)

Lot and block numbers of the site as shown on the current Tax Map of the Borough.

(b)

The name and addresses of the owner of the land. If the applicant is not the owner, he shall provide his address and his interest in the property.

(c)

A key map showing the size of subwatershed and the location of the site within the subwatershed of the drainage basin.

(d)

The location and description of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this chapter.

(e)

The size of the nearest culvert or bridge downstream of the discharge area, profiles and cross sections of the stream channel upstream of that structure, as well as profiles and cross sections of the stream channel at all points of proposed surface water discharge from the site, as required by the Municipal Engineer.

(f)

The location and description of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control surface water runoff.

(g)

Designation of the critical or other areas to be left undisturbed shall be shown in sufficient detail to be accurately marked on the land.

(h)

Computation of the total surface water runoff before and after the disturbance of land and/or construction of impervious surfaces.

(i)

Proposed measures for surface water management.

(j)

A schedule of the sequence of installation of the SWMP related to the starting and completion dates of the project.

(2)

Whenever practicable and where permitted by the Zoning Ordinance, development shall be clustered or arranged so as to reduce the total area of impervious surfaces and preserve the maximum possible open space, including those topographic features critical to surface water management.

(3)

Surface water runoff shall not be transferred from one watershed basin to another.

(4)

The plan shall avoid the concentration of flow and shall provide, wherever possible, for the dissipation of velocities at all discharge points.

(5)

The plan shall be compatible with the soil erosion and sediment control plan, wherever applicable, and shall reestablish vegetative cover in accordance with Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, adopted by the Morris County Soil Conservation District, as revised.

(6)

The rate of peak flow discharges from the site following the completion of the proposed use or development of the subject area, wherever possible and practicable, shall not exceed that which would prevail under existing conditions as found on the site.

Areas outside special flood hazard area.

(1)

In order to provide uniform engineering review by the Borough Engineer for runoff and storage requirements, two methods may be used in computing runoff for drainage basins of less than 10 square miles. They are the rational method and the Soil Conservation Service method. For computing runoff from drainage basins of greater than 10 square miles, the Soil Conservation Service method or the Department of Environmental Protection Method using New Jersey Technical Report No. 38 may be used.

(2)

The SWMP shall include an inventory of the site showing all existing natural and man-made drainage-related features, including such items as berms, terraces, waterways, swales, types of soil, swamps, woodlands, floodplains, floodways, etc. These natural features shall be incorporated into the plan to the greatest possible extent.

(3)

Surface water runoff controls shall be designed to assure that the land in question does not discharge more than its proportionate share of surface water as determined by comparative before and after computations.

(4)

Innovative surface water runoff control and recharge devices may be proposed, such as rooftop storage, dry wells, porous pavements, infiltration trenches, etc., provided that they are accompanied by detailed engineering plans and performance capabilities.

Areas within special flood hazard area.

(1)

The items listed in Subsection B(1) through (4) above shall be applicable in this subsection also.

(2)

Due consideration shall be given to the relationship of the subject property to the flood hazard area as delineated on the map entitled the "Flood Insurance Rate Map." Flood elevations as established by said map shall be clearly marked on the applicant's map. Any proposed structures, fill, excavation, grading or disturbance of any kind as allowed by this chapter within the flood hazard area shall be clearly delineated.

(3)

Each plan shall contain a certification by a New Jersey licensed surveyor as to the lowest ground floor elevation, including basement, and attendant utilities of all proposed new construction. All portions of residential buildings must be one foot above the base flood elevation. Where any portion of a nonresidential building or structure is below a level of one foot above the base flood elevation, a further certificate per § 215-13C(3) shall be filed with the Borough Engineer.

(4)

The plan must include evidence of coordination with adjacent and downstream communities and with the Department of Environmental Protection by any development, fill, encroachment, alteration or relocation of a watercourse, or stream water runoff therefrom. In the event of an objection by the governing body or by the Planning Board of any such adjacent community the applicant must either obtain the eventual concurrence of the objector or must establish proof that he has taken adequate precautions to ensure that his development will not discharge stormwater in excess of the maximum peaks that the objector has experienced.

(5)

The plan must provide and furnish calculations to establish that all watercourses affected by the proposed construction shall maintain adequate carrying capacity:

(6)

Developers of 50 lots or of five acres, whichever is less, shall post base flood elevations on all maps or plats.

[Amended 7-17-2001 by Ord. No. 15-01]

(7)

All new construction and substantial improvements shall be:

(a)

Anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

Constructed with materials and utility equipment resistant to flood damage.

(c)

Constructed using methods and practices that minimize flood damage.

(d)

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.

(8)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(9)

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 the floodwaters.

(10)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(11)

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.

[Amended 7-17-2001 by Ord. No. 15-01]

(12)

All subdivision proposals shall be consistent with the need to minimize flood damage.

[Amended 7-17-2001 by Ord. No. 15-01]

(13)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

[Added 7-17-2001 by Ord. No. 15-01]

(14)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

[Added 7-17-2001 by Ord. No. 15-01]

Specific standards. In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 215-8 or in § 215-15, the following standards are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above base flood elevation.

(2)

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 at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(a)

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

(b)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(c)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Borough Engineer as set forth in § 215-13C(3).

(3)

Manufactured homes. Manufactured homes shall be anchored in accordance with § 215-20C(7)(d). 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.

§ 215-21 Floodways.

Located within areas of special flood hazard established in § 215-8 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:

Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If Subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 215-20.

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.

§ 215-22 Exemptions.

For the purpose of this chapter, the following uses and activities are permitted without the requirement for submission of SWMP. However, a development permit is required to ensure that the proposed use does not result in an adverse impact on adjacent properties.

Recreational uses or facilities which do not entail substantial clearing, grading, fill excavation or alteration of existing surface soils, including but not limited to footpaths, bikeways, bridle paths, playing fields, playgrounds and picnic areas.

Agricultural uses, when maintained in accordance with farm conservation practices approved by the local soil conservation district.

General improvements to single lots containing existing single-family residences, such as but not limited to paving existing driveways, landscaping gardening and the construction of swimming pools which will not discharge water beyond the property containing the pool.

§ 215-23 Deposits.

Where the consideration and acceptance of a SWMP is required as a condition for the approval of a site plan or subdivision application, the SWMP shall be a part of the plans required therefor, and no deposit is required. Where a SWMP is required for any other purpose, the applicant shall pay a deposit to cover the cost of reviewing his application and for an on-site inspection. The Treasurer shall credit said deposit to a trust account and charge thereto direct and indirect expenses incurred in reviewing said plans. If the charges exceed the deposit, the applicant shall pay the balance prior to receipt of the approval; the Treasurer shall refund any balance remaining in the account at the time the approval is given.

The deposit schedule for SWMP within the special flood hazard area is $100 per acre or part thereof, plus 1 1/2% of the Borough Engineer's estimated cost of any improvements (grading, stabilizing, construction), plus the cost of a survey, if required.

The Borough Engineer shall maintain a record of all certificates filed per § 215-13C(3) and shall forward authenticate certificates to the Borough Construction Code Official to be filed in the corresponding building permit file. The Construction Code Official shall not issue a building permit without having received Planning Board approval in accordance with § 250-8 of the Borough Code and with § 215-13 herein and unless he shall have received, where required, the certificate of § 215-13C(3).