The radio antenna structure is set back from the nearest lot line not less than 1.1 times the height of the antenna.

The radio antenna structure is located in the rear yard.

The approving authority grants site plan approval. Among the factors to be considered by the approving authority as part of site plan and conditional use approval are the precise location of the radio antenna structure and the adequacy of screening of the structure.

A detached solar collector shall be:

If they are attached to an accessory or principal building, they shall be considered a part of the building and they shall not exceed the height limits established under this chapter. Solar collectors shall be submitted to the Construction Official for review and approval.

Interior room relationships within the building shall be substantially different from neighboring buildings. This difference must be reflected in the design or appearance from any neighboring buildings and must be apparent in the location of windows, doors, porch, garage or roof design, and the exterior finish with respect to material of that elevation which faces the street frontage of the lot. A mirror image of a neighboring building shall not be considered a substantial difference.

A "neighboring building" shall mean any building then in existence or for which a building permit has been issued or an application filed, erected or to be erected on a lot which is separated in all directions regardless of intervening streets by less than two lots from the lot on which the building will be located. No building shall be deemed to be a neighboring building to any other building if the rear elevations of the buildings face each other.

No building appearance shall be so markedly incongruous in comparison with the appearance of any neighboring building as to adversely affect property values in the immediate neighborhood.

There shall be a maintenance agreement binding on the various owners of the housing units which shall set forth rules and regulations on the exterior maintenance of the building. Such rules shall specify the paint color, exterior materials and other matters related to the exterior of the building which will be visible from public streets or parking lots serving the dwellings. It shall also specify who has the responsibility for maintaining the exterior appearance of the buildings.

No more than four attached dwellings shall be permitted without a break in the plane of the front facade of at least four feet. Surface materials shall be varied to provide interest and a neighborhood appearance. The use of a single exterior siding material shall be avoided unless there is sufficient architectural interest in the facade to avoid the appearance of either an institutional or nonresidential use.

In the event that the choice of heating fuels does not require the use of a conventional brick, stone or masonry chimney, there shall be a simulated conventional chimney provided for each dwelling unit.

If such a residence or shelter houses more than six persons, excluding residence staff, it may be permitted upon the issuance of a conditional use permit by the approving authority, provided that:

A permit shall be denied if the number of persons, excluding resident staff, resident at such existing residences or community shelters in the Township exceeds 50 persons or five-tenths percent (0.5%) of the population of the Township, whichever is greater.

Ten-year-storm criteria for low points with a relief swale.

Twenty-five-year-storm criteria for flow carried in pipes.

One-hundred-year-storm criteria for all culvert designs.

The Rainfall Intensity = Duration = Frequency Curves published by the United States Department of Commerce, Weather Bureau, shall be used in the above computation.

Grates shall be the New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996).

Whenever curb-opening inlets are used, a clear space in the curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension. Exemptions to this requirement will be waived where the reviewing agency determines that the standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.

Fences erected in residential zones, except those required to enclose swimming pools, shall not exceed four feet in height. No fence shall be located closer to the front property line that the building setback line as established in other sections of this chapter. Notwithstanding the foregoing, a six-foot fence may be erected along the rear property line, provided that the property upon which the six-foot fence is to be constructed abuts the rear property line of the adjacent property.

In the case of a corner property, both street frontages shall be treated separately, and both shall require setbacks as noted in Subsection A(1) above.

Notwithstanding the provisions of Subsections A(1) and A(2), the owner of a corner property may erect a fence not in excess of four feet in height, not closer than 15 feet from the property line, on one frontage only but not in the portion common to both front yards. Should the owner of a corner property erect a fence as permitted by this Subsection A(3), that fence shall be placed such that any line drawn perpendicular to the property line on the frontage where the fence is constructed shall not cross both the fence and the side of the structure facing said property line.

Should a corner property owner erect a fence within a location permitted by Subsection A(3), the fence must be buffered by natural shrubbery which shall consist of densely planted evergreens that form a year-round screen and will be sufficient to completely cover the fence within three years. The screen planting shall be maintained, and any plant material which does not live shall be replaced within one year or one growing season. The planted screen shall be such that the fence is not visible from either street.

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (hereinafter "UCC") N.J.A.C. 5:23 consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Township of Maplewood (hereinafter "these regulations").

Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Subsection B of these regulations, and to all reconstruction involving either 50% of the square footage of any structure or 50% of the pervious or impervious unimproved portion of any lot.

Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas by establishing comprehensive regulations for managing flood hazard areas, designed to:

Coordination with Building Codes. Pursuant to the UCC's requirement that the Township administers and enforce the State building codes, at N.J.A.C. 5:23, the Township acknowledged that the UCC contains provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

Ordinary building maintenance and minor work. Improvements defined in the UCC as ordinary building maintenance and minor work projects, including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the Floodplain Development Permit to ensure compliance with the Substantial Damage and Substantial Improvement Subsection C(14) of this section.

Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

Other laws. The provisions of these regulations shall not nullify any provisions of local, state, or federal law.

Violations and penalties for noncompliance.

Solid waste disposal in a Flood Hazard Area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

Establishment of flood hazard areas. The Township was accepted for participation in the National Flood Insurance Program on August 15, 1977. The National Flood Insurance Program ("NFIP") floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Maplewood Municipal Building, 574 Valley Street, Maplewood, NJ, 07040. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

Establishing the local design flood elevation (LDFE). The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Subsection B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act Minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section. At a minimum, the Local Design Flood Elevation shall be as follows:

Floodplain Administrator designation. The Township Construction Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection G of these regulations.

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

Duties. The duties of the Floodplain Administrator shall include but are not limited to:

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

Determination of local design flood elevations.

Requirement to submit new technical data. Base Flood Elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

Development in riparian zones. All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this section. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

Information for development in flood hazard areas.

Information in flood hazard areas without base flood elevations (approximate Zone A).

Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

General. The Zoning Board shall hear and decide requests for variances. The Zoning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G(5), the conditions of issuance set forth in Subsection G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

Historic structures. A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection E(3)(a) of these regulations.

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

Conditions for issuance. Variances shall only be issued upon:

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

Review period to correct violations. A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection E(3)(b) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection O(2) of this section and the floodway requirements of N.J.A.C. 7:13.

Prohibited in floodways. The following are prohibited activities:

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection O(2).

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection O(2).

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection O(2) of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Subsection O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Subsection O(2) for habitable buildings and Subsection L(3).

Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

Requirements for habitable buildings and structures.

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection G of this section.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E(3)(a) of these regulations and N.J.A.C. 7:13.

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E(3)(a) of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

Roads and watercourse crossings.

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Subsection E(3)(a) of these regulations.

Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Subsection B(3).

Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Subsection B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Subsection B(3).

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Subsection B(3).

Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

It is terminated by the owner.

A nonconforming use involving a structure is discontinued for 12 consecutive months.

A nonconforming use of land without buildings ceases for a period of six months.

Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in his opinion, the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon the granting of an appropriate variance.

Where the repair costs are less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 months of the date the building was damaged or condemned with the reconstruction carried out without interruption; otherwise, the damaged structure shall not be rebuilt as a nonconforming use or building. Upon good cause shown, one additional succeeding twelve-month period may be granted by the governing body.

The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned. The method of calculation of replacement cost shall be as set forth in the Uniform Construction Code.

Off-street parking spaces shall be nine feet by 18 feet in accordance with the following schedule. Up to 15% of the spaces in any parking lot which serves uses other than retail commercial may be as small as eight feet by 15 feet for the purpose of serving compact cars. Handicapped parking spaces shall be in compliance with N.J.A.C. 5:23-7.0, as regulated by the Uniform Construction Code.

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

When more than one use is located in a building or where multiple uses are designed as part of a shopping center, industrial complex or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses and shall be part of site plan approval.

There shall be a minimum of one trash/garbage pickup location located either within or outside a building in steel-like, totally enclosed container(s), located and screened to be obscured from view from parking areas, streets and residences. If located within a commercial or industrial building, the doorway(s) may serve both the loading and trash/garbage collection functions. If located outside the building, it may be located adjacent to or within the loading area(s), provided that the container(s) in no way interferes with or restricts the required loading functions.

Assembly operations: one space for each 800 square feet of gross floor area.

Auto sales: one space per 100 square feet of showroom area and sales office.

Financial institutions: one space per 200 square feet of gross floor area.

Finishing operations: one space per 800 square feet of gross floor area.

Hospitals: 1.5 spaces per bed.

Hotels: 1.6 spaces per guest room (this requirement also satisfies the parking needs for all accessory uses and employees).

Houses of worship: one space per four seats.

Industrial: one space per 800 square feet of gross floor area.

Manufacturing: one space per 800 square feet of gross floor area.

Medical-professional: one space per 150 square feet of gross floor area.

Offices: one space per 250 square feet of gross floor area.

Receiving: one space per 1,000 square feet of gross floor area.

Research: one space per 1,000 square feet of gross floor area.

Residential: one space per dwelling unit, subject to compliance with State Residential Site Improvement Standards set forth in N.J.S.A. 40:55D-40.1 et seq. and N.J.A.C. 5:21 et seq.

Restaurants.

Retail stores: one space per 200 square feet of gross floor area.

Shipping: one space per 5,000 square feet of gross floor area.

Storage areas: one space per 5,000 square feet gross floor area.

Theaters: one space per three seats.

Utilities: one space.

Veterinarian hospitals: six spaces per examination room or doctor, whichever is greater.

Warehouses: one space per 5,000 square feet of gross floor area.

Business schools: one space for every three classroom seats.

Public areas: one space for every 20 square feet of gross floor area.

Non-residential uses in the PRB Zone. Up to 3,500 square feet of gross floor area: zero parking spaces required. One parking space per each 300 square feet of gross floor area in excess of 3,500 square feet. The first 3,500 square feet of gross floor area shall not be counted when calculating the number of required spaces.

No off-street loading and maneuvering areas shall be located in any front yard or any street.

All parking and loading spaces shall be located on the same lot as the use being served. In the business districts (NB, RB and HB), required parking may be provided on another lot, provided that the parking area is within 500 feet of the use; and further provided that such remote lot or land is in the same ownership as the lands and buildings which it serves and the owner records a declaration in the Essex County Register's Office declaring his intentions not to sell or convey separately the remote lands and the lands and the buildings it serves. The declaration shall describe the property by metes and bounds.

No loading or parking spaces shall be located in any required buffer area.

Parking spaces for multifamily dwellings and commercial/industrial uses shall be within 150 feet and 300 feet, respectively, of the entrance of the building.

All parking and loading spaces shall be set back from any property line a minimum of five feet.

Parking for residential uses shall be provided in accordance with the requirements set forth in § 271-50J of this chapter.

Parking spaces for residential uses may be located in any yard, but parking shall be prohibited from being located in the yard space between a public street and any principal building. Single-family and two-family dwellings shall have no more than 30% of the front yard area in pavement for parking and shall provide a minimum of one parking space for each dwelling unit. Single-family dwellings shall have no more than one driveway access to a street.

Off-street parking spaces shall not be located nearer to the street line than the building line or setback line, except in one- and two-family dwellings.

The parking or storage of boats, trailers, motor homes, aircraft and everything similar is prohibited unless garaged at all times within a wholly enclosed building.

The parking or storage of a commercial motor vehicle on any premises in all residential zones is prohibited except that:

Off-street parking. The parking or storage of inoperable, junked, abandoned or unregistered motor vehicles and everything similar is prohibited on any lands or premises in all zones unless within a wholly enclosed building designed and erected for that purpose. A vehicle, other than one registered as an antique, without a valid or current inspection sticker is to be considered, for the purpose of this chapter, an inoperable motor vehicle.

Parking of any vehicles on any portion permitted shall be on a hard or aggregate surface for the purpose of compliance with § 271-70A(4)(b).

The variation for parking is no greater than 20% of the requirements set forth herein.

Loading requirements set forth in § 271-50I may be waived entirely.

The waiver is determined after a public hearing on the site plan with appropriate notice given to property owners within 200 feet of the property in question.

Variations greater than 20% may be permitted, provided that the spaces can be accommodated on the lot. The application for development shall indicate the location of parking spaces to be waived, and all storm drainage systems shall be designed to accommodate the future development of the spaces, if needed. The determination of whether the spaces shall be constructed will be made after the building is occupied and can be made either by the developer or the Township. The area set aside for the parking accommodation shall be constructed of pervious paving materials where feasible. No additional approvals will be required in order to construct the parking facilities shown as long as they are built in accordance with the approved site plan.

Unless their presence would cause hardship or endanger the public or an adjoining property owner.

Unless in areas to be occupied by buildings, driveways, sidewalks, parking or recreational area and within a distance of 15 feet around the perimeter of such building, depending upon the species of the tree and conditions to be determined by the Supervisor of the Parks and Shade Tree Department and certified to the Construction Official.

Unless the area shall have a cut or fill of land which the Supervisor of the Parks and Shade Tree Department shall determine is injurious to trees. The determination of the Supervisor shall depend upon the species of tree and degree of injury and shall be indicated on the plan referred to.

Each land use is entitled to display street graphics containing up to 10 items of information on each street to which it has access. The name of the proprietor or the name of the business occupying the building and its premises shall count as only one item of information. The name may be displayed on each street frontage, even if the items of information use up the permitted 10 items.

An "item of information" means any of the following: a syllable of a word, an abbreviation, a number (whether one digit or more), a symbol or a geometric shape. In addition, graphics combining several shapes are to be assessed one additional item for each noncontinuous plane.

Lettering less than three inches in height, if contained in a wall graphic, is not included.

The face of the building or structure is set back at least 35 feet from the street line.

The ground graphic shall not exceed 12 feet in height, measured from the grade at the street line.

A ground graphic which is six square feet or more in area may be displayed only on a frontage of 100 feet or more.

The ground graphic shall be set back from each property line and the street line a minimum of 10 feet or 1 1/2 times the height of the graphic, whichever is greater.

The area permitted for wall graphics is shown in the table.

"Signable area" of the building means an area of the facade of the building which is free of windows, doors and major architectural detail. The percentage figures shown in the table are based on the signable area. The following provisions apply in calculating the graphic area:

A graphic may not cover or interrupt major architectural features, such as frieze, string courses or other decorative facade details.

Wall graphics height, limitations:

Street graphics may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is 40 feet or more in width. However, the side or rear of the building may not be included when calculating the signable area.

If a building has frontage on two or more streets, each side of the building is to be separately considered.

A house of worship, school or other quasi-public land use in an R-1-7 through R-2-4 or RGA District may display one ground graphic not larger than 15 square feet in area. Golf courses and private clubs may display one ground graphic not to exceed 10 square feet in area and five feet in height for each vehicular entrance from a public street.

Apartments in the RGA District may have one ground graphic not larger than 12 square feet in area and five feet in height for each 200 feet of street frontage.

Office buildings in the OB District may have one ground graphic not larger than 20 square feet in area and 12 feet in height.

Automobile service stations may have one pole-mounted ground graphic not larger than 15 square feet in area, nor more than 20 feet in height. This sign area is to be included in sign and graphic allowances set forth in the table.

The following graphics are prohibited:

The following temporary graphics are permitted and do not require a permit:

No street graphic other than temporary graphics as set forth in Subsection G(6) or those operations set forth in Subsection H(3) below shall be erected, altered or relocated without an advisory review by the Design Review and Beautification Committee[1], an approval by the Planning Board and a permit issued by the Construction Official.

Applications for permits shall include a drawing showing the design, location, pertinent details and the name and address of the owner and applicant.

The following operations shall not require a permit:

Awnings and canopies are permitted in the NB, RB and HB Districts. Letters over three inches in height which are displayed are debited against the allowable graphic area.

Temporary window graphics are not debited against the allowable graphic area.

Indirect illumination, i.e., a light source not seen directly, is permitted.

Floodlight illumination is permitted, provided that none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.

Bare bulb illumination is not permitted.

A plan establishing the means for controlling soil erosion and sedimentation at the applicant's expense and certified by the Soil Conservation District is required.

The plan shall be prepared by a professional engineer licensed in New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering, as defined in N.J.S.A. 45:8, and shall contain:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.

Whenever feasible, natural vegetation shall be retained and protected.

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

Sediment shall be retained on-site.

Diversions, sediment basins and similar structures shall be installed where required, prior to any on-site grading or land disturbance.

Grading and filling. All fill shall be clean fill and/or topsoil. Grading shall be limited to areas shown on an approved plat. Any topsoil disturbed during grading operations shall be redistributed throughout the site.

Soil removal and redistribution. Excavation of soil, other than required to construct approved structures and facilities, shall be prohibited. Any application proposing the disturbance of more than 5,000 square feet of surface area of land, as defined in the Soil Erosion and Sediment Control Act (Chapter 251 of the Laws of 1975),[2] shall include the following:

Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.

Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.

Use of land for gardening primarily for home consumption.

Percolation tests and/or soil borings.

The pavement design shall be the responsibility of the developer and shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils along in the proposed streets. The design shall follow current recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer. Pavement shall be of one type throughout the development and be either bituminous concrete flexible pavement or portland cement concrete rigid pavement, except that where existing concrete roadways are being widened, the widened pavement shall be portland cement concrete and the remaining pavement in the development may be either bituminous or cement. The use of pervious paving materials is encouraged for driveways and accessways to minimize stormwater runoff and promote groundwater recharge.

Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable subbase material, such as sand, gravel or stone, as determined by the Township Engineer. Where required by the Engineer, a system of Type F underdrains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.

Subbase and/or aggregate base courses.

Bituminous base courses.

Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1. The bituminous pavement wearing surface shall generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer. Any areas of the base course in need of repair shall be removed and replaced at the discretion of the Township Engineer. If the Township Engineer directs, a leveling course of FABC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement. Pavement surfaces shall be placed only with permission of the Township Engineer.

Alternate pavement types. If alternate pavement types are proposed either for decorative purposes, physical restrictions, existing conditions or shortages in certain construction materials, a detail of the type and/or location of alternate pavement types shall be submitted for approval. Approval shall be based upon the equipment, materials and methods proposed for use and the Township Engineer's inspection, testing and approval of a section of such pavement. If the Township Engineer does not approve the sample section of pavement, the developer shall replace it with permitted pavement.