Whenever a term is used in this chapter which is defined in Chapter 291 of the Laws of 1975, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
Pursuant to the provisions of Chapter 291 of the Laws of 1975, Section 81, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan Review Ordinance of Egg Harbor Township and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said act or until the Township exercises the authority delegated by said chapter to regulate development, whichever occurs first.
All applications for development 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 Article IV of this chapter.
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.
The legislature of the State of New Jersey has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Egg Harbor, New Jersey, ordains as follows.
A. The flood hazard areas of the Township of Egg Harbor are subject to periodic inundation which may 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. 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.
It is the purpose of this chapter 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 the 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 areas of special flood hazard.
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. 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. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
D. Controlling filling, grading, dredging and other development which may increase flood damage.
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
This chapter shall be known and may be cited as the "Egg Harbor Township Flood Damage Prevention Ordinance of 1982."
A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to given them the meanings they have in common usage and to give this chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
APPEAL - A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING - Designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a 1 % 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. [Added 2-25-1987 by Ord. No. 12-1987]
BREAKAWAY WALL - 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 systems. [Amended 2-25-1987 by Ord. No. 12-1987]
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations 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 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 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. In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls. [Added 2-25-1987 by Ord. No. 12-1987]
FLOOD INSURANCE RATE MAP (FIRM) - 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 community.
FLOOD INSURANCE STUDY - 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.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
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.
LOWEST FLOOR - 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 to render the structure in violation of other applicable nonelevation design requirements. [Amended
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 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 and other similar vehicles. [Added 2-25-1987 by Ord. No. 12-1987]
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. [Added 2-25-1987 by Ord. No. 12-1987]
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.
SAND DUNES - Naturally occurring accumulations of sand ridges or mounds landward of the beach.
START OF CONSTRUCTION - For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, 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, 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. [Amended 2-25-1987 by Ord. No. 12-1987]
STRUCTURE - A walled and roofed building, a mobile home or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
(1) Any repair, reconstruction or 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.
(2) For the purposes 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 affects the external dimensions of the structure.
(3) 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 New Jersey Register of Historic Places.
VARIANCE - A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township of Egg Harbor.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study - Township of Egg Harbor, New Jersey, Atlantic County," dated February 16, 1983, with accompanying flood insurance rate maps (FIRM) and flood boundary -floodway maps, is hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the Municipal Building, Bargaintown Avenue and Central Avenue, Egg Harbor Township, New Jersey.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter 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, firm or corporation who or which shall violate this chapter or who or which fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or be 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 Township of Egg Harbor from taking such other lawful action as is necessary to prevent or remedy any violation.
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.
In interpreting and applying the provisions of this chapter, they shall be considered as minimum requirements and liberally construed in favor of the governing body in the promotion of the public health, safety, comfort, convenience and general welfare. Where provisions of this chapter impose greater restrictions than those of any statute, ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulations shall be controlling.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. 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 areas 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 Township of Egg Harbor, 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.
A.development permit shall be obtained before construction or development begins within any area of special flood hazard established in 139-8. Application for a development permit shall be made on forms furnished by the Construction Official 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, drainage facilities and the location of the foregoing. Specifically, the following information is required:
A. Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
B. Elevation, in relation to mean sea level, to which any structure has been floodproofed.
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
Duties of the Construction Official shall include, but not be limited to:
A. Permit review and issuance of permits.
The Construction Official shall:
(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 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.
(3) Review all development permits to determine if the proposed development is located in the floodway; if located in the floodway, assure that the encroachment provisions of
(4)After review, issue permits or advise the applicant of the need for modification prior to issuance of a permit or advise the applicant of the need for a variance before the permit may be issued or deny the permit for noncompliance with this chapter.
B. Use of other base flood elevation.
When base flood elevation and floodway data has not been provided in accordance with
C. Information to be obtained and maintained. The Construction Official shall:
(1)Obtain 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.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation in relation to mean sea level.
(b) Maintain the floodproofing certifications required in
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of watercourses.
The Construction Official shall:
(1) Notify adjacent communities and the New Jersey State Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM boundaries.
The Construction Official shall make 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). In cases of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in a proposed development, the Township Engineer may, upon the application and with the consent of the landowner, and at the expense of the landowner, determine the precise location of a floodway or flood hazard area limit by close inspection, field survey or other appropriate methods and cause the same to be marked on the ground, notifying the landowner, the New Jersey Department of Environmental Protection, the Construction Official and the Planning Board of the results thereof. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
