[Added 6-7-78 by ord. No 21-1978]

A. The state floodplain and areas of special flood hazard of the Township of Wayne are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare

B.These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages

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.Protect human life and health.

B.Minimize expenditure of public money for costly flood control projects

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

D.Minimize prolonged business interruptions

E.Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in floodplains

F.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.Ensure that potential home buyers are notified what property is in a flood area

In order to accomplish its purposes, this Article uses the following methods

A.Restricts or prohibits uses which are dangerous to health, safety and property due to water or erosion or inflood heights or velocities

B.Requires 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 flood damage

E.Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands

A.There is hereby adopted as the Wayne Township Official Floodplain Map a map entitled "State of New Jersey, Department of Environmental Protection, Division of Water Resources, Delineation of Floodway and Flood Hazard Area maps" dated December 18, 1984, a copy of which is on file in the office of the township Engineer.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

B.The Township Official Floodplain Map also includes thereon those areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled the "Flood Insurance Study for the Township of Wayne, dated September 29, 1986, and any subsequent amendments. with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps which is hereby adopted by reference and declared to be a part of this Article

This Article shall apply to all areas shown on the Wayne Township Official Floodplain Map as lying within the state floodplain or areas of special flood hazard

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Article and other applicable regulations

This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions However, where this Article 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

* Considered as minimum requirements

* Literally 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 Article 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 the Township of Wayne or by any officer or employee thereof, for any flood damages that result from reliance on this Article or any administrative decision law fully made thereunder

**Webmasters Note: The previous section has been repealed as per Ordinance No. 18-2001.

The Administration of this Article shall be in accordance with the following §§ 134-415.1 through 134-415.3

A.development permit shall be obtained before construction or development begins within any area of special flood hazard or state floodplain In the case of construction or development which requires preliminary and final site plan approval, proof of issuance of said permit shall be submitted as part of the application for preliminary site plan approval. Application for a development permit shall be made to the Construction Official on forms furnished by him 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.The elevation, in relation Lo United States Coast and Geodeuc Survey datum, of the lowest floor (including basement) of all structures

B. The elevation, in relation to United States Coast and Geodetic Survey datum, to which any nonresidential structure has been floodproofed.

C. Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of § 134-417.1B and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets the criteria of § 134-417.1B.

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

E. The existing and proposed contours at a contour interval of two (2) feet. [Added 9-3-86 by Ord. No. 50-1986]

F. The proposed elevations of the lands involved at the corners of the foundation of any structure or structures. [Added 9-3-86 by Ord. No. 50-1986]

G. The lowest elevation of the lowest proposed area within any proposed structure after its completion. (Added 9-3-86 by Ord. No. 50-1986]

H. The layout of existing and proposed public streets and the nature, extent and location of existing and proposed utilities servicing the premises in question. [Added 9-3-86 by Ord. No. 50-1986]

I. The elevation of any existing or proposed pumping facilities and overflow elevations of vents or entranceways, if underground. Overflow elevations of sewage treatment plant units. [Added 9-3-86 by Ord. No. 50-1986]

J. The nature and extent of the construction, alterations or repairs. [Added 9-3-86 by Ord. No. 50-1986]

K. Proof of issuance of a stream encroachment permit, obtained from the New Jersey Department of Environmental Protection, and proof of application to any other governmental agencies from which approval is required by federal or state law, if applicable.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

L. Base flood elevation data as supplied by the flood map.[Added 9-3-86 by Ord. No. 50-1986]

M. The extent of filling of land, if any. [Added 9-3-86 by Ord. No. 50-1986]

N. Surrounding structures within a two-hundred-foot radius.

[Added 9-3-86 by Ord. No. 50-1986]

The Construction Official is hereby appointed to administer and implement this Article by granting or denying development permit applications in accordance with its provisions.

The duties of the Construction Official shall include, but not be limited to:

A. Review of all development permits to determine that the requirements of this Article have been satisfied.

B. Review of 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.

C. Review of all development permit applications to determine if such proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For purposes of this article "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development would increase the water surface elevation of the base flood more than 2/10 of a foot at any point.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

D. Obtaining and maintaining the following as a public record open to inspection:

(1) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement and maintain the elevation certificates as required in § 134-417.1(A)(1).

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

(2) For all new or substantially improved floodproofed structures'

(a) The actual elevation in relation to United States Coast and Geodetic Survey datum

(b) Maintaining the floodproofing certifications required in § 134-417.1A(2)

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

(3) The records of all appeal actions and the report of any variances to the Federal Insurance Administration upon request

(4) Any other records pertaining to the administration of this Article

E.Making interpretations 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.

F.Prior to any alterations or relocation of a watercourse

(1) Notifying the Department of Environmental Protection and any adjacent community affected by such alteration or relocation and submitting evidence of such notification to the Federal Insurance Administration

(2) Requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished

G.When base flood elevation and floodway data has not been provided in accordance with § 134-413, Floodplain Map, then the Construction Official 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 specific standards for residential and nonresidential construction (Added 9-3-86 by Ord No 50-1986, 3-18-87 by Ord No 5-1987]

Variances from the strict application of the provisions of this Article shall be in accordance with the following §§ 134-416 1 through 134-416 2, and the procedures, fees and hearing requirements shall follow those as set forth in this chapter

A.The Planning Board shall hear and decide appeals and requests for variances from the requirements of this Article

B.The Planning Board shall hear and decide appeals when it is alleged that them is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this Article

C.Any person aggrieved by the decision of the Planning Board may appeal such decision to the Superior Court of New Jersey as provided in the Rules of Court

D.In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors and all standards specified in other sections of this Article and

(1) The danger that materials may be swept onto other lands to the injury of others

(2) The danger to life and property due to flooding or erosion damage

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4) The importance of the services provided by the proposed facility to the community

(5) The necessity to the facility of a waterfront location, where applicable

(6) The availability of alternative locations. but subject to flooding or erosion damage, for the proposed use

(7) The compatibility of the proposed use with existing and anticipated development

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles

(10) 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

(11) 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

E.Generally, variances may be issued for new construction and substantial improvements to be erected on lots of onehalf (1/2) acre or less contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 134-416 1D has been fully considered and said variances conform to the provisions of § 134-416 2 below Any lot of one-half (1/2) acre or more shall result in an increase in the technical justification required for issuing a variance

F.The Planning Board may grant any variance upon consideration of the factors listed above and the purposes of this Article, and the Planning Board may attach such conditions to the grant of any such variance as it deems necessary to further the purposes of this Article