A. It is the purpose of this section 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 do the following:

1. Protect human life and health;

2. Minimize expenditure of public money for costly 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 areas of special flood hazard;

6. Help maintain a stable tax base by providing for the reuse and development of areas of special flood hazard so as to minimize future flood blight areas;

7. Ensure that potential buyers are notified if a property is in an area of special flood hazard; and

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

B. In order to accomplish its purposes, this section includes methods and provisions for the following:

1. Restricting or prohibiting uses, buildings or structures 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;

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

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

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

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

E. This section shall apply to all areas of special flood hazards are located within the City of Plainfield. Areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Plainfield", dated July 16, 1997, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file in the Office of the City Clerk and available for review during regular business hours.

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

G. 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 section does not imply that properties outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. Additionally, this section shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

H. A development permit must be obtained before construction or development begins within any area of special flood hazard established in this section. In addition to the normal information required for a development permit application, the following specific information is required to be reviewed by the City Engineer prior to the issuance of an approved development permit:

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 flood proofed;

3. Certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in Section J.2. below;

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

5. Elevation in relation to mean sea level of any ground areas to be disturbed, filled, graded or re-graded;

6. Certification that all necessary permits have been obtained from those Federal, State or County governmental agencies from which prior approval is required; and

7.All base flood elevation and floodway data used to determine whether the proposed development is located in the floodway shall assure that the encroachment provisions of Section K. below are complied with. When base flood elevation and floodway data has not been provided in accordance with Section C. above, the City 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 Section J. below.

I. The City shall perform the following when a watercourse may be altered:

1. Notify the New Jersey Department of Environmental Protection prior to any watercourse alteration or relocation activity watercourse and submit evidence of such notification to the Federal Insurance Administration; and,

2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

H. In all areas of special flood hazards the following standards shall be complied with:

1.Anchoring.

a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b. 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 U.C.C. anchoring requirements for resisting wind forces.

2.Construction Materials and Methods.

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3.Utilities.

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

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

c. 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.

4.Enclosure Openings.

a. All new construction and substantial improvements shall have 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.

b. Design for meeting this requirement shall either be certified by a registered professional engineer or architect or shall meet or exceed the following minimum criteria:

(1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one (1) foot above grade.

(3)Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

I. All applications for development shall be consistent with the need to minimize flood damage. Development plans shall comply with the following provisions:

1. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage.

2. Adequate drainage shall be provided to reduce exposure to flood damage.

3.Base flood elevation data shall be provided for applications for development which contain at least fifty (50) lots or five (5) acres, whichever is less.

J. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section F., the following standards shall be required:

1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

2. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall comply with the following:

a. The lowest floor, including basement, shall be either:

(1) Elevated to the level of the base flood elevation;

(2) Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

b. The construction of improvement shall be certified by a New Jersey 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 section.

3.All manufactured homes and any such structure 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.

K. Located within areas of special flood hazards established in Section C. above, are areas designated as floodways.

The following provisions shall apply to all floodways:

1. Encroachments on floodways, including fill, new construction, substantial improvements and other developments shall be prohibited, unless a technical evaluation by the City Engineer demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If the City Engineer determines that encroachment will not result in any increase in flood levels, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section H. above; and in all areas of special flood hazards 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 two-tenths (0.2) of a foot at any point.

L. No structure may be erected and no development may take place within fifteen (15) feet of the mean high water level of the Green Brook.

M. Penalties for noncompliance. No structure or land shall hereafter be constructed, located extended, converted, or altered without full compliance with the terms of this Article 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 Article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than two (2) days or both, for each violation and in addition shall pay all cost and expenses involved in the case. Nothing herein contained shall prevent the City of Plainfield from taking such other lawful action as is necessary to prevent or remedy any violations.

N. Interpretation. In the interpretation and application of this Article, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and,

3.Deemed neither to limit nor repeal any other powers granted under State Statutes.

No subdivision in any zone district will be permitted for an existing lot on which there is presently erected any type of residential structure unless each of the resulting subdivided lots will have street frontage equal to or greater than the largest frontage of any nearby existing lot. Said nearby existing lot must:

A. have the same usage as the proposed subdivided lot;

B. front on the same street as the lot to be subdivided, and;

C. be located within two hundred (200) feet of the lot to be subdivided.

Private garages on single- and two-family residential lots shall comply with the following provisions:

A. The garage must be a fully enclosed detached accessory structure, or a portion of a principal building, used primarily for the storage of no more than two (2) motor vehicles owned or used by the occupant of the principal structure.

B. The garage may not contain more than one commercial vehicle with a rated capacity not exceeding 8,500 lbs. gross vehicle weight.

C. A one car parking garage, not to exceed 12' x 24', or 300 sq. ft., for a single-family unit, or a two car garage not to exceed 22' by 24', or 550 sq. ft., for a two- family dwelling unit, shall be provided for all residential dwellings.

D. A two car garage may be constructed on a single family dwelling lot provided it does not exceed the above maximum garage size (550 sq. ft.).

E. If a garage is demolished, a new garage must be constructed within one (1) year of the obtaining of a demolition permit.

The maximum height requirements for each zone district shall apply to all structures in all zone districts, with the exception of the following:

A. Building appurtenances such as chimneys, church spires, cupolas, belfries, clock towers or flagpoles designed exclusively for ornamental purposes, provided such appurtenances shall not exceed such height requirements for the district in which such is located by greater than ten (10) feet.

B. Mechanical appurtenances such as condensers, exhaust fans, elevator housing and other similar equipment provided that if located in non residential zones, they do not extend more than ten (10) feet above the maximum height limitation and are suitably screened by structures that are integrally designed with the building or are otherwise rendered not visible from the ground level of adjacent lots and streets.

C. Parapet walls not extending more than four (4) feet above the maximum height limitation.

Home occupations shall be permitted as an accessory use to any residence in the City, unless otherwise specified below. All such uses shall require an approved development permit prior to commencement of use and are subject to the following provisions:

A. Home occupations shall only be permitted provided they do not change the character of the principal residence from a home to a business or change in any way whatsoever the character of the surrounding neighborhood from a residential neighborhood to a commercial neighborhood. Specifically, the characteristics of the home occupation cannot differ from that expected in a residential neighborhood in the following areas of concern:

1. The appearance of the premises, including color, materials, construction, or lighting;

2. The risk of physical harm to persons or property due to the nature or volume of any materials stored on site;

3. The creation of noise, vibration, dust, smoke, odor, glare, radiation or electrical interference;

4. The volume and frequency of vehicular or pedestrian traffic.

I. No more than one home occupation may be conducted on a lot and it shall not involve more than 30% of the gross floor area of a principal dwelling unit, including the floor area of an attached garage.

J. No more than one (1) person other than the occupants of the dwelling may be involved or employed on the premises in the home occupation.

K. The home occupation must be conducted entirely within the principal residence and cannot involve outdoor storage or activities.

L. The home occupation cannot involve commercial vehicles, other than an occasional cartage vehicle for the delivery of materials related to the home occupation to or from the premises.

**Webmasters Note: The lettering of the previous subsections are consistent with the original document.