A. Statutory authorization, findings of fact, purpose and objectives.
4. Methods of reducing flood losses. In order to accomplish its purposes, this section 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; and
e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
B. Definitions. See
§ DR-603B for terms associated with flood damage prevention.
C. General provisions.
1. Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of Medford, Burlington County, New Jersey.
2. Basis for establishing the areas of special flood hazard.
a. The areas of special flood hazard for the Township of Medford Community No. 340104 are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report, "Flood Insurance Study, Burlington County, New Jersey (All Jurisdictions)," dated December 21, 2017.
(2) "Flood Insurance Rate Map for Burlington County, New Jersey (All Jurisdictions)," as shown on Index and panel(s) 34005C0261F, 34005C0262F, 34005C0263F, 34005C0264F, 34005C0266F, 34005C0268F, 34005C0269F, 34005C0376F, 34005C0377F, 34005C0378F, 34005C0379F, 34005C0381F, 34005C0382F, 34005C0383F, 34005C0384F, 34005C0386F, 34005C0387F, 34005C0395F, whose effective date is December 21, 2017.
(3) However, it is recognized that more flood hazard areas may exist in the Township than those already mapped. Additionally, while information depicted on the Flood Insurance Rate Maps has been prepared as accurately as possible; nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers the flood hazard information depicted on the maps.
b. The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at 17 North Main Street, Medford, New Jersey. DFIRMs are also available to be downloaded directly from the FEMA Flood Map Service Center at the following web address: https://msc.fema.gov/portal/search.
3. Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section 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 $2,000 or 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 Medford, from taking such other lawful action as is necessary to prevent or remedy any violation.
4. Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
5. Interpretation. In the interpretation and application of this section, all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
6. Warning and disclaimer of liability. 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 land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Medford, 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 hereunder.
D. Administration. See
§ DR-603D for detailed information.
E. Provisions for flood hazard reduction.
1. General standards. In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
a. Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) All manufactured homes to be placed or substantially improved 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. Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(4) For all new construction and substantial improvements, the 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. Subdivision proposals.
(1) All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).
e. Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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: A minimum of two openings in at least two exterior walls of each enclosed area, 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
2. Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C.2, Basis for establishing the areas of special flood hazard, or in
§ DR-603D.3.b, Use of other base flood data, the following standards are required:
a. Residential construction.
(1) New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
(2) Require within any AO or AH Zone on the municipality's DFIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified); and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
b. Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment, either:
(1) Elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
(2) Require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified); and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
(3) Be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more, the structure is watertight with walls substantially impermeable to the passage of water;
(4) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(5) 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 certification shall be provided to the official as set forth in
§ DR-603D.3.c.(2)(b).
c. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with Subsection E.1.a(2), above.
(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
(a) Be consistent with the need to minimize flood damage;
(b) Be constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood damage;
(d) Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
(e) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
3. Floodways. Located within areas of special flood hazard established in Subsection C.2, above, 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. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. If Subsection 3.a is satisfied, all new construction and substantial improvements must comply with Subsection E, Provisions for flood hazard reduction.
c. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the accumulative 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 of a foot at any point.