All applications for development accepted as properly filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of the land use procedures ordinance of the Town of Newton.

WHEREAS, the flood hazard areas of Newton are subject to periodic inundation which has resulted in jeopardizing public safety and extensive property damage, disruption of commerce and governmental services, all of which adversely affect public health, safety and general welfare, and

WHEREAS, these flood losses are caused by the cumulative effect of obstruction in flood plains causing increases in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages, and

WHEREAS, 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:

(1) protect human life and health;

(2) minimize expenditure of public money for cost of flood control projects;

(3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) minimize prolonged business interruptions;

(5) minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in the flood plains;

(6) help maintain a stable tax base by providing for use for development of flood prone areas in such a manner as to minimize future flood blight areas;

(7) insure that potential buyers are notified that property is in a flood area; and

(8) insure that those who occupy the areas of special flood hazard assume responsibility for their actions, and

WHEREAS, in order to accomplish its purposes, this Ordinance uses the following methods:

(1) Restrict or prohibit uses which are dangerous to health, safety or property due to water or erosion or an increase in flood heights or velocities.

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

(3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters.

(4) Control filling, grading, dredging and other developments which may increase flood damage.

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands, and

WHEREAS, the legislature of the State of New Jersey has in RS:40;55D-1, et seq, delegated responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry;

DEFINITIONS

Unless specifically defined below, words or phrases 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.

APPEAL means a request for a review of the Construction Official's interpretation of any provision of this Ordinance or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD means a flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT means 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.

FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) means 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 means 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 means a channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than 0.2 feet.

HABITABLE FLOOR means any floor usable for living purposes which include working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a habitable floor.

LOWEST FLOOR means the lowest level (including basement, crawl space, and basement) of the lowest enclosed area.

MOBILE HOME means a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected with the required utilities. it does not include recreational vehicles or travel trailers. The Town of Newton prohibits the placement of Mobile homes in the area of special flood hazard.

NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of this Ordinance.

NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance.

START OF CONSTRUCTION means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home Park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

STRUCTURE means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL means any repair, or 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. (For the purpose 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 effects the external dimensions of the structure. The term does not, however, include either: (a) 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 (b) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

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