[Amended by Ord. No. 235-84]
A.Â
The flood hazard areas of Clinton Township are subject
to periodic inundation which could result 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.Â
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, cause damage
in other areas. Uses that are inadequately elevated, floodproofed,
or otherwise protected from flood damage also contribute to the flood
loss.
[Amended 9-9-2009 by Ord. No. 990-09]
It is the purpose of this article to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.Â
Protect human life and health;
B.Â
Minimize expenditure of public money for costly flood
control projects;
C.Â
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
D.Â
Minimize prolonged business interruptions;
E.Â
Minimize damage to public facilities and utilities,
such as water and gas mains, electric, telephone and sewer lines,
and streets and bridges located in floodplains;
F.Â
Help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such a manner as
to minimize future flood blight areas;
G.Â
Ensure that potential home buyers are notified that
property is in a flood area.
H.Â
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
[Added 9-9-2009 by Ord. No. 990-09]
In order to accomplish its purposes, this article
uses the following methods:
A.Â
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.Â
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.Â
Controlling the alteration of natural floodplains,
stream channels and natural protective barriers which are involved
in the accommodation of floodwaters.
D.Â
Controlling filling, grading, dredging and other development
which may increase flood damage.
E.Â
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards to other lands.
Unless specifically defined below, words or
phrases used in this section shall be interpreted so as to give them
the meanings they have in common usage and to give this article its
most reasonable application. As used in this article, the following
terms shall have the meanings indicated:
A request for review of the Township Engineer's interpretation
of any provision of this article or a request for a variance.
A designated AO, AH, or VO Zone on a community's Flood Insurance
Rate Map (FIRM), with base flood depths from one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
[Amended 9-9-2009 by Ord. No. 990-09]
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 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
located within the area of special flood hazard.
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.
[Added 9-9-2009 by Ord. No. 990-09]
A nonbasement building which is 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 which is 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. 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.
[Amended 9-9-2009 by Ord. No. 990-09]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Township.
The official report 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.
[Amended 9-9-2009 by Ord. No. 990-09]
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.
[Added 9-9-2009 by Ord. No. 990-09]
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.
[Added 9-9-2009 by Ord. No. 990-09]
Any structure that is:
[Added 9-9-2009 by Ord. No. 990-09]
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;
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 as 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 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, recreational vehicles, and other similar vehicles.
[Amended 9-9-2009 by Ord. No. 990-09]
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 this article and includes any subsequent
improvements to such structures.
[Amended 9-9-2009 by Ord. No. 990-09]
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.
[Added 9-9-2009 by Ord. No. 990-09]
A vehicle which is:
[Added 9-9-2009 by Ord. No. 990-09]
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck, car or similar vehicle; and
Designed primarily for use not 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. 97-348,[1] includes substantial improvement and shall mean the date
the construction permit was issued, provided that the actual start
of the 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 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. 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.
[Amended 9-9-2009 by Ord. No. 990-09]
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally above ground.
[Amended 9-9-2009 by Ord. No. 990-09]
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.
[Added 9-9-2009 by Ord. No. 990-09]
Any repair, reconstruction, rehabilitation, addition, or
other 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. The repair of substantial
damage shall be considered a substantial improvement. For the purpose
of this definition, substantial improvement is considered to occur
when the 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. The term does not, however,
include either:
[Amended 9-9-2009 by Ord. No. 990-09]
Any project for improvement of a structure to comply with existing
state of local health, sanitary or safety code specifications which
are solely 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 to a person from the requirements of this
chapter which permits construction in a manner otherwise prohibited
by this section where specific enforcement would result in unnecessary
hardship.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
This article shall apply to all areas of special
flood hazard within the jurisdiction of Clinton Township.
[Amended 9-9-2009 by Ord. No. 990-09]
A.Â
The areas
of special flood hazard for the Township of Clinton, Community No.
340505, are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1)Â
A
scientific and engineering report, "Flood Insurance Study, Hunterdon
County, New Jersey (All Jurisdictions)," dated September 25, 2009;
(2)Â
Flood
Insurance Rate Map for Hunterdon County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 34019C0116F, 34019C0117F, 34019C0118F,
34019C0119F, 34019C0128F, 34019C0129F, 34019C0138F, 34019C0139F, 34019C0140F,
34019C0141F, 34019C0143F, 34019C0231F, 34019C0235F, 34019C0253F, 34019C0255F,
34019C0256F; whose effective date is September 25, 2009.
B.Â
The above
documents are hereby adopted and declared to be part of this ordinance.
The Flood Insurance Study and maps are on file at the Township Clerk’s
office, Clinton Township Municipal Building, 1225 Route 31 South,
Suite 411, Building D, Lebanon, New Jersey 08833.
No structure or land shall hereafter be constructed,
located, extended, converted or altered without full compliance with
the terms of this section and other applicable regulations. Violation
of the provisions of this article 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 section or fails to comply with any of
its requirements shall, upon conviction thereof, be fined not more
than $1,000 or imprisoned for not more than 90 days in jail, 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
from taking such other lawful action as is necessary to prevent or
remedy any violation.
This article is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this section and another ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
article, all provisions shall be:
[Amended 9-9-2009 by Ord. No. 990-09]
The degree of flood protection required by this
section 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 article does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This article shall not
create liability on the part of Clinton Township or by any officer
or employee thereof, or on the Federal Insurance Administration, for
any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 165-212. Application for a development permit shall be made to the Township Engineer on forms furnished by him/her and may include, but not be limited to, the following plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.Â
Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures.
B.Â
Elevation in relation to mean sea level to which any
nonresidential structure has been floodproofed.
D.Â
A description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
[Amended by Ord. No. 345-87]
A.Â
Designation.
The Township Engineer is hereby appointed to administer and implement
this article by granting or denying development permit applications
in accordance with its provisions.
B.Â
Powers and duties. Duties of the Township Engineer
shall include, but not be limited to:
[Amended 9-9-2009 by Ord. No. 990-09]
(1)Â
Permit
review. The Township Engineer shall:
(a)Â
Review all development permits to determine that the permit requirements
of this article have been satisfied.
(b)Â
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.
(2)Â
Use of other base flood data. When base flood elevation and floodway data have not been provided in accordance with § 165-212, the Township Engineer 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 § 165-221A and B.
(3)Â
Information
to be obtained and maintained. The Township Engineer shall:
(a)Â
Verify and record the actual elevation (in relation to the 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.
(c)Â
Maintain for public inspection all records pertaining to the provisions
of this article.
(4)Â
Interpretation
of FIRM boundaries. The Township Engineer shall make interpretation,
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 this article.
(5)Â
Alteration
of watercourses. The Township Engineer shall:
(a)Â
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.
(b)Â
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
[Amended by Ord. No. 345-87]
A.Â
Appeal Board.
(1)Â
The Township Council shall hear and decide appeals
and requests for variances from the requirements of this article.
(2)Â
The Township Council shall hear and decide appeals
when it is alleged that there is an error in any requirement, decision
or determination made by the Township Engineer in the enforcement
or administration of this article.
(3)Â
Any person aggrieved by the decision of the Township
Council may appeal such decision to the Superior Court of New Jersey
pursuant to law and applicable rules of the court.
(4)Â
In passing upon such applications, the Township Council
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)Â
The danger that materials may be swept onto
other lands to the injury of others;
(b)Â
The danger to life and property due to flooding
or erosion damage;
(c)Â
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)Â
The importance of the services provided by the
proposed facility to the community;
(e)Â
The necessity to the facility of a waterfront
location, where applicable;
(f)Â
The availability of alternative locations not
subject to flooding or erosion damage for the proposed use;
(g)Â
The compatibility of the proposed use with existing
and anticipated development;
(h)Â
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program for that area;
(i)Â
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j)Â
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site; and
(k)Â
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)Â
Upon consideration of the factors listed above and
the purposes of this article, the Township Council may attach such
conditions to the granting of variances as it deems necessary to further
the purposes of this article.
(6)Â
The Township Engineer shall maintain the records of
all appeal actions, including technical information, and report any
variance to the Federal Insurance Administration upon request.
[Amended 9-9-2009 by Ord. No. 990-09]
B.Â
Conditions for variances.
(1)Â
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, provided that provisions of Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)Â
Variances may be issued for reconstruction, rehabilitation
or restoration of historic structures without regard to the procedures
set forth in the remainder of this subsection, provided that the change
does 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.
[Amended 9-9-2009 by Ord. No. 990-09]
(3)Â
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)Â
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)Â
Variances shall only be issued upon:
(a)Â
A showing of good and sufficient cause;
(b)Â
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(c)Â
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 § 165-219A, Appeal Board, or conflict with existing local laws or ordinances.
(6)Â
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.
[Amended by Ord. No. 345-87]
In all areas of special flood hazard the following
provisions are required:
A.Â
Anchoring.
(1)Â
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)Â
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.Â
Construction materials and methods.
C.Â
Utilities.
(1)Â
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system;
(2)Â
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters; and
(3)Â
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4)Â
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.Â
Subdivision proposals.
(1)Â
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)Â
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)Â
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)Â
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of 50 lots or five acres.
E.Â
Enclosure openings. 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 allowing 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:
(1)Â
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.
(2)Â
The bottom of all openings shall be no higher than
one foot above grade.
(3)Â
Openings may be equipped with screens, louvers or
other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[Amended by Ord. No. 345-87; 9-9-2009 by Ord. No. 990-09]
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 165-212, Basis for establishing areas of special flood hazard, or in § 165-218B(2), Use of other base flood data, the following standards are required:
A.Â
Residential construction. New construction or substantial improvement
of any residential structure shall:
(1)Â
Have the lowest floor, including basement, together with the
attendant utilities and sanitary facilities, elevated one foot above
the base flood elevation;
(2)Â
Within any AO Zone on the municipality's FIRM, 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 adequate drainage paths
shall be required around structures on slopes to guide floodwaters
around and away from proposed structures.
B.Â
Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall:
(1)Â
Either have the lowest floor, including basement, together with attendant
utility and sanitary facilities, elevated one foot above the base
flood elevation; or
(2)Â
Within any AO Zone on the municipality's FIRM, 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 adequate drainage paths shall be
required around structures on slopes to guide floodwaters around and
away from proposed structures; or
(3)Â
Floodproofing;
(a)Â
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water.
(b)Â
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(c)Â
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 a certification shall be provided to the Township Engineer as set forth in § 165-218B(3)(b).
Located within areas of special flood hazard established in § 165-212 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.Â
Encroachments shall be prohibited, 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.
C.Â
The placement of any mobile homes, except in an existing
mobile home park or existing mobile home subdivision, shall be prohibited.
D.Â
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 foot at
any point.
