The purpose of this article is to protect the health, safety and public welfare of the Township of Wayne through the protection and preservation of natural features including geology, hydrology, soils, and vegetation in order to prevent erosion and flood damage and maintain ecological balance and a healthful environmental quality.

This article regulates the following activities:

The article is designed to promote the goals of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and the Wayne Master Plan including, but not limited to, the goal to encourage the most appropriate use of land considering its character and peculiar suitability for certain uses; regulate the intensity of land use; provide sufficient open space; promote a desirable visual environment and conservation of natural resources; prevent degradation of the environment through improper use of the land; and provide for planned development which incorporates the best features of type, design, and layout of development for the particular site.

In particular, policies and standards are specified for land containing or characterized by slopes; streams, lakes, ponds or other surface water bodies; flood plains and flood hazard areas; shallow depth to seasonal high water table; shallow depth to bedrock; and trees and woodlands.

Alterations to existing topography, hydrology, and geology shall be minimized.

Destruction of mature woodlands shall be minimized.

Stream corridors, pond shores, lake shores, and flood plains shall be protected from development.

Erosion and increased surface water runoff shall be minimized by avoiding development on steep slopes and avoiding excessive site clearing, grading and impervious surface.

The risk to life and property shall be reduced by limiting further construction in flood plains and inappropriate development in upland drainage areas.

Purpose. The purpose of this article is to protect the health and safety of the community insofar as it relates to the protection and the preservation of those natural features including geology, hydrology, soils and vegetation considered as development constraints. It is of particular concern to maintaining ecological balance, a healthful environmental quality and protection of historic resources. Additionally, the purpose of this article shall be to control the indiscriminate, uncontrolled and excess destruction, removal and culling of trees upon lots and tracts of land within the Township which will result in creating increased soil erosion and dust, deteriorated property values and most particularly adversely altering the biological and ecological composition and balance of the Township thereby resulting in irreparable harm to the environment to the detriment of this community. In order to maintain the biodiversity of the entire community of which the natural fauna and most specifically its existing tree stock is an integral and critical component, it shall be the requirement of the Township as expressed by this article that trees be replaced either onsite or throughout the Township as required by the provisions of this chapter. This article shall also control the number and size of building lots and maximum development permitted upon lots in all zones in the Township. The regulation is applicable to subdivisions and site plans. The regulation is also applicable to any building permit and grading permit where the improvement footprint is 500 square feet or greater.

Environmental factors. The environmental factors that must be considered, if and where present, are as follows:

Applicability.

Definitions for the purpose of this section. Certain terms are defined and shall be construed as follows:

Classification of topographical features. Land for any individual development parcel will be classified into the following slope categories or combination thereof as determined from topographic maps at two-foot contours:

The number of building lots on any site (i.e., land holding capacity) shall be calculated by determining the acreage of each environmental factor, public rights-of-way and/or dedicated lands within the boundaries of the site and applying a development factor to it. Multiplication of the various areas by a development factor provides the land area to which the density for each zone can be applied. In those cases where land areas contain two or more overlapping environmental factors, the most restrictive shall apply. For those development applications that do not involve subdivision of property into individual building lots but rather involve a site plan for attached, multifamily or clustered housing, the permitted residential density for the development shall be determined and predicated upon the calculation of available buildable land area according to the factors set forth under Table One contained in § 134-91.2D. The same procedures as outlined in § 134-91.3B(1) through (6) shall, therefore, apply to all residential development within the Township regardless of zone.

A site base plan must be presented by the applicant showing the following:

The first step in this process is to determine the acreage in each of the following categories:

The second step in the process is to determine the developable land capacity by multiplying the land area with the various environmental constraints by the appropriate factor as indicated in Table One. The product of each of these individual calculations are added together to determine the base developable land area.

The third step is to multiply the developable land area by the base density applicable to the site's zoning district.

The above calculations determine the number of building lots.

Findings. It is hereby found that the removal of vegetative cover, soil disturbance and construction of buildings and structures in areas of steep slopes within the Township increase surface water runoff; soil erosion and sedimentation, siltation, when directly adjacent to stream corridors, with resultant pollution of streams as well as the potential danger of flooding and chemical contamination of water, thereby increasing the potential for endangering public and private property and life. It is also found that this condition is aggravated by soil disturbance, construction and development on these slopes, which creates an additional hazard to the lives and property of those dwelling on and below them, and that the most appropriate method of alleviating such conditions is through the regulation of construction and development leading to such vegetation and soil disturbances. It is, therefore, determined that the special and paramount public interest in these slopes justifies the regulation of property located thereon as provided in this article, which is the exercise of the police power of the Township for protection of persons and the property of its inhabitants and for the preservation of the public health, safety and general welfare. Every effort shall be made to minimize construction upon areas with environmental constraints as defined herein.

Area requirements for newly created individual lots.

Submission of lot grading plans for subdivisions.

Detention facilities. Detention facilities must be provided as per municipal and state regulations and approved by Township Engineer.

In addition to satisfying the requirements contained in this section, the removal or placement of fill (soil operations) as regulated by this chapter shall also adhere to the following standards:

All trees six inches in caliper or greater within and 20 feet beyond the limit of disturbance shall be indicated on the required site plan. Every effort shall be made to provide a layout to avoid any disturbance within the trees' driplines. An estimate of all trees six inches or greater in caliper on the entire site shall be submitted. If, in the opinion of the approving authority, the estimate is not a reasonable projection of actual field conditions, a precise count shall be required. The elimination of any deciduous or coniferous tree of this caliper shall be replaced on site in accordance with the following replacement schedule:

Replacement tree(s) shall:

In order to implement the purposes of this article as expressed in § 134-91.1, particularly with respect to maintaining the biodiversity of the Township, in the event that a lot is fully wooded and/or tree replacement cannot be reasonably accommodated upon the property to be developed the number of trees required shall be determined by the municipal agency by the ability of the land to accommodate said trees. If sufficient space is not available on the lot on which the development is proposed, the municipal agency may require the applicant to plant the replacement trees on other lands owned by the applicant within the Township of Wayne, on municipal parklands, within the public shade tree easement or any combination thereof. The municipal agency may in lieu of planting require a tree replacement fee sufficient to cover the cost of each replacement tree including cost of planting. Said fee shall be deposited with the Township in an account to be established by the Chief Financial Officer to be utilized by the Township for the sole purpose of planting replacement trees in accordance with the provisions of this article.

The rules, regulations and standards contained in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. The municipal agency, when acting upon applications properly before it, shall have the power to grant such waiver from the requirements of this article. In the case of a waiver request connected with a building permit(s) not part of a subdivision or site plan application, the Planning Board shall hear and determine whether such relief is appropriate.

Any action taken by the municipal agency under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the municipal agency may permit such variations or modifications as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. If such exception is granted, it shall be done by resolution of the municipal agency, which resolution sets forth the reasons for the exception in the particular case and demonstrates that the exception will not have an adverse effect on surrounding properties, the neighborhood or the Township in general.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting.

All seeded areas shall be mulched and stabilized in accordance with Township specifications.

In the event that the quantity of topsoil at the site is insufficient to at least provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover. Topsoil so provided shall meet the following specifications:

Applicability. Each subdivision, site plan, planned development permit or soil removal application shall submit a soil erosion and sediment control plan. When deemed appropriate by the reviewing agency, a soil erosion plan shall be submitted with a building or grading permit. All permits with 5,000 square feet or more of total proposed disturbance are required to have a Soil Erosion Control Plan approval by HEPSCD (Hudson Essex Passaic Soil Conservation District).

Exemptions. The following activities are specifically exempt from this article:

Location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics and a copy of the Soil Conservation District's soil survey, where available.

Location and description of proposed changes to the site.

Soil erosion and sediment control measures shall comply with the standards for soil erosion and sediment control. Such standards shall be on file at the offices of the HEPSCD and the Township.

A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.

Control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

The developer may consult with the HEPSCD in the development of the plan and the selection of appropriate erosion and sediment control measures.

The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of the article, except as may be exempted.

Soil removal or soil mining operations in excess of 1,000 cubic yards shall require a soil mining permit from the Township Planning Board.

Exceptions. These provisions shall not apply to removal of soil associated with excavation required for the construction of a building on a lot in accordance with building permits to be issued by the Construction Code Official in accordance with an Approved Site Plan.

Name of the developer.

Address and telephone number of the developer.

Block and lot number(s) of premises upon which excavation or removal is to take place.

Name of the developer's business agent and the agent's telephone number.

Name and address of the engineer retained by the developer in the preparation of the required maps and surveys and the engineer's telephone number.

Statement of reason for request for soil removal permit.

Date excavation is to commence and length of time required to complete excavation.

Estimated number of cubic yards to be removed.

The relationship of the developer to the owner of the land in question, if he is not the owner.

If known, the name and address of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work.

Signature of the owner.

A map of the premises showing the existing contour lines and grades and the proposed contour lines and grades resulting from the intended removal of soil in relation to the topography of the premises. Said map shall also indicate the depth of the soil where the operation involves the removal of rock formations covered with soil.

An inspection fee, in accordance with Section 134-10 of this chapter.

The Township Planning Board shall not consider granting a permit for the removal of soil for sale or use on or off the premises from which the soil shall be taken unless and until the owner of the premises files a written application for such permit with the Township Planning Department, upon forms supplied by that Department.

The proposed contour lines and grades, as shown on the map referred to in § 134-95.3 of this article, shall be subject to inspection, as directed by the Township Engineer. A permit for soil removal shall not be issued until the map showing the proposed contour lines and grades has been so approved following a public hearing as hereinafter set forth.

Soil erosion by water and wind.

Drainage and the effect of flooding upon the premises in question.

Soil fertility.

Lateral support slope and grades of abutting streets and lands.

Land values and uses.

Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

Whether the proposed work will create a nuisance or be a detriment to the public health, safety or general welfare of the Township or its citizens.

Whether the property can be developed for its zoned use without the proposed soil removal.

Whether the proposed work will create a hazard.

The preservation of existing watercourses.

The creation of sharp declivities, pits or depressions.

Whether the proposed removal of soil is incidental to the development of the property or constitutes primarily a commercial activity.

Will not create conditions detrimental to the public health, welfare and safety.

Will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or decrease of land values.

Will not create any drainage or sewerage problems or hazardous conditions.

Will not remove a quantity of soil more than that which is reasonably required to develop the premises in question for the zoned use.

Will not exceed the amount necessary for the development and normal grading of the lands in question.

Will not be detrimental to the public health, safety and welfare of the Township as set forth in § 134-95.5.

The permittee shall agree, in writing, to properly level off, remove debris from and grade the involved premises to the contour lines and grades approved by the Township Council.

All operations shall be conducted only between the hours of 7:00 a.m. and 5:00 p.m. on weekdays Monday through Friday; provided, however, that no trucks shall be permitted at the site of the operation prior to 6:45 a.m. It shall be unlawful to conduct moving, grading or excavating operations at any other times than specified herein or on any legal holiday.

The transportation of soil shall be restricted to street routes established by the Planning Board. Determination by the Board of the street routes to be used shall be based upon factors which contribute to the best interests of the health, safety and welfare of the residents of the Township.

To prevent air pollution by large quantities of dust and dirt, all reasonable means shall be employed by the permittee or the person in charge of the soil removal, grading or excavating operation. Such reasonable means may include but are not necessarily limited to spraying water or other dampening agents on the surface of the ground.

On or before the fifth of each month, there shall be filed with the Township Planning Department a certification by a Professional Engineer as to the volume of soil removed during the previous month. The violation of this provision shall automatically revoke the permit.

Before any permit shall be granted, the developer shall file with the Township Clerk a performance guarantee, approved as to form by the Township Attorney and with surety, in an amount in accordance with the recommendation of the Township Engineer, which amount shall be sufficient to ensure the faithful performance of the work to be undertaken as approved.

In the event that said performance guarantee is not furnished or the permit fee is not paid within 30 days after the Township Planning Board resolution authorizing the issuance of the permit, the approval shall be deemed to be revoked.

Where soil removal is permitted, no person, owner, developer or excavator shall deposit soil upon, fill in or raise the grade of any lot without first making provisions for:

At no time will excavations be permitted to go below the final grade as established by the submission.

The Township Engineer shall enforce the provisions of this Chapter.

Any person who violates any provision of this chapter shall upon conviction, be liable for the penalties stated in Chapter 1, Section 1-15.

The detailed site grading plan shall be drawn and certified by a licensed professional engineer, land surveyor, landscape architect or architect at a scale of not less than one inch equals 50 feet for site plans or subdivisions up to 10 units, and one inch equals 100 feet for subdivisions or site plans with more than 10 units. Benchmarks shall be 1929 NGVD or 1988 NAVD.

The tax map sheet, block and lot number, date, graphic scale, north arrow, and the names and addresses of owner or owners of the tract, the applicant (if other than the owner) and the professional who prepared the site plan.

Survey information including all lot dimensions, and public and private easements, and lot area.

Front, side and rear yard setback dimensions.

Location of all proposed buildings and building additions dimensions thereof, and first floor elevation.

Location of all buildings on adjoining lots.

Topographic maps showing existing and proposed contours, including the limit of grading, at a contour interval of two feet or less.

The proposed elevations of any land at the corner of the foundation of any structure or structures and the elevations of land above and below retaining walls as well as the elevations of the top and bottom of such walls.

The layout of existing and proposed public streets and public utilities.

The location of any existing or approved potable water or sanitary sewage disposal facilities on or within 100 feet of the lot.

All existing and proposed utility and drainage structures and features including:

The location of proposed vehicular facilities including roads, drives or parking areas.

The location of all existing vegetation, whether naturally occurring or planted, including trees, shrubs, and ground covers with type and size of trees and shrubs. The location and species of individual trees of eight inches or greater in caliper, and the location of woodlands and mature woodlands shall be specifically indicated.

Location of stream corridors, ponds, lakes and other surface water bodies.

Location of all areas with shallow depth to seasonal high water (<=1 foot) and areas with shallow depth to bedrock (<=3 feet).

The disposition and extent of top soil or any other soil to be removed or backfilled.

The location, plans and specifications for any proposed retaining walls, fences or other protective structures.

All disturbance area calculations necessary to determine compliance with this section.

Location of flood hazard areas, wetlands and transition areas as determined by the New Jersey Department of Environmental Protection.

Limit of Disturbance (LOD) line shall be shown on the plan and shall include all areas of proposed disturbance.

Maximum Allowable Disturbance and Total Adjusted Disturbance Area calculations.

Any proposed disturbance of soil shall be executed in a manner that will not cause excessive erosion or other unstable conditions.

Any grading plan must protect standing trees from machine operation, soil storage or material storage by distance or proper barrier. The protection zone of any trees of 18 inch in caliper or larger designated to be preserved should include an area 10 to 15 feet wider than the edge of the tree canopy to protect the trees' feeder roots.

Provision shall be made to ensure the construction of any structures or other protective measures for steep slopes, including but not limited to retaining walls, headwalls and fences.

Maximum allowable site disturbance. No grading plan shall be approved if the total area of lot disturbance or the total adjusted disturbance area for individual lots within the subdivision or site plan exceeds the Maximum Allowable Disturbance standards provided in Table VI-1.

(Not used)

Required calculations. No soil or vegetation shall be disturbed nor shall any building or structure be erected, constructed or substantially enlarged for any application subject to this section unless and until it can be demonstrated by the applicant that the following applicable calculations have been completed.

Lot Area Adjustment Factors Based on Slope and Adjacency to Water.

The following applications are exempt from the requirements of this section:

Disturbance in excess of the above amounts may only be permitted where it can be shown to the satisfaction of the applicable Board that:

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," 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 Wayne Township (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 Section 134-97.1B of these regulations.

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 through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Wayne Township administer and enforce the State building codes, the Wayne Township Council of Wayne Township does hereby acknowledge that the Uniform Construction Code contains certain 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 as ordinary building maintenance and minor work projects by the Uniform Construction Code 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 Section 134-97.1C(14) of this chapter.

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 be deemed to nullify any provisions of local, State, or Federal law.

Violations and Penalties for Noncompliance. No structure or land shall hereafter be constructed, re-located to, 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 violation under N.J.S.A. 40:49-5. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a 30 day period and shall be afforded the 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 the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.

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 Wayne Township was accepted for participation in the National Flood Insurance Program on February 16, 1972.

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 Wayne Engineering Office at 475 Valley Road, Wayne New Jersey 07470.

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 Section 134-97.1B(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 chapter.

At a minimum, the Local Design Flood Elevation shall be as follows:

Floodplain Administrator Designation. The Director of Public Works 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 Section 134-97.1G 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. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

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 chapter 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 chapter. 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. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

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 Wayne Township Board of Adjustment shall hear and decide requests for variances. The Wayne Township Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 134-97.1G(5), the conditions of issuance set forth in Section 134-97.1G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Wayne Township Board of Adjustment 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 chapter 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 chapter, and the variance is the minimum necessary, to preserve the historic character and de sign 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 Section 134-97.1E(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. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

Definitions.

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 Section 134-97.1E(3)(a) 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 Section 134-97.1E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 134-97.8A(2) of this chapter and the floodway requirements of N.J.A.C. 7:13.

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 flood waters, 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 Section 134-97.8A(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 Section 134-97.8A(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 Section 134-97.8A(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 Section 134-97.8A(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 Section 134-97.8A(2). for habitable buildings and Section 134-97.5A(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 Section 134-97.1E(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 Section 134-97.1G of this chapter.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 134-97.1E(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 Section 134-97.1E(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 flood waters.

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 Section 134-97.1E(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 (1829 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 Section 134-97.1B(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 Section 134-97.1B(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 Section 134-97.8A(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 Section 134-97.1B(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 Section 134-97.1B(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 § 1. Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).