CHAPTER 14 PROTECTION OF LIFE AND PROPERTY Analysis ARTICLE 1. REGULATION OF FIRES 14.1-1. 14.1-2. 14.1-3. 14.1-4. 14.1-5. Prohibition Against Storage of Certain Items…………………. 1404 Authority to Enter and Inspect………………………………….. 1404 Open Burning / Obtaining Permit ……………………………… 1404 Compliance with Terms of Permit. ……………………………. 1404 Penalty……………………………………………………………. 1404 ARTICLE 2. REGULATION OF GASOLINE STORAGE 14.2-1. 14.2-2. 14.2-3. 14.2-4. Location of Storage Tanks………………………………………. 1405 Construction of Tanks; Permit. ………………………………… 1405 Exception When 250 Gallons or Less. ……………………….. 1405 Penalty……………………………………………………………. 1405 ARTICLE 3. REGULATION OF INOPERATIVE JUNK MOTOR VEHICLES 14.3-1. 14.3-2. 14.3-3. 14.3-4. 14.3-5. 14.3-6. Declaration of Intent…………………………………………….. 1406 Definitions. ………………………………………………………. 1406 Prohibition; Exception…………………………………………… 1406 Premises Declared a Nuisance. ……………………………….. 1406 Enforcement; Notice. ……………………………………………. 1407 Penalty……………………………………………………………. 1407 Table of Contents continued on next page 1401 ARTICLE 4. NATIONAL FLOOD INSURANCE PROGRAM 14.4-1. 14.4-2. 14.4-3. 14.4-4. 14.4-5. 14.4-6. 14.4-7. 14.4-8. 14.4-9. 14.4-10. 14.4-11. 14.4-12. 14.4-13. 14.4-14. 14.4-15. 14.4-16. 14.4-17. 14.4-18. 14.4-19. Statutory Authorization. …………………………………………. 1408 Findings of Fact. …………………………………………………. 1408 Statement of Purpose………………………………………….1408-1409 Methods of Reducing Flood Losses. ………………………….. 1409 Definitions. ……………………………………………………...1409-1412 Lands To Which This Ordinance Applies……………………… 1413 Basis For Establishing The Areas of Special Flood Hazard. .. 1413 Penalties For Noncompliance. …………………………………. 1413 Abrogation and Greater Restrictions. …………………………. 1413 Interpretation. ……………………………………………………. 1413 Warning and Disclaimer of Liability. …………………………… 1414 Establishment of Development Permit. ……………………….. 1414 Designation of the Enforcement Officer. ……………………… 1414 Duties and Responsibilities of the Enforcement Officer. …..1415-1416 Appeal Board. …………………………………………………..1416-1417 Conditions for Variances. ………………………………………. 1418 General Standards. ……………………………………………1419-1420 Specific Standards……………………………………………..1421-1422 Floodways………………………………………………………1422-1423 ARTICLE 5. UNIFORM FIRE CODE ENFORCEMENT 14.5-1. 14.5-2. 14.5-3. 14.5-4. 14.5-5. 14.5-6. 14.5-7. 14.5-8. 14.5-9. 14.5-10. 14.5-11. 14.5-12. 14.5-13. 14.5-14. Preamble………………………………………………………….. 1424 Local Enforcement……………………………………………….. 1424 Agency Designation and Counsel. …………………………….. 1424 Duties of the Bureau of Fire Prevention and Inspections……. 1424 Life Hazard Uses…………………………………………………. 1425 Appointment of a Fire Official. …………………………………. 1425 Term of Office ……………………………………………………. 1425 Inspectors and Employees; Term………………………………. 1425 Removal From Office……………………………………………. 1425 Board of Appeals. ……………………………………………….. 1425 Additional Required Inspections and Fees. ………………...1426-1427 Permits; Fees…………………………………………………….. 1427 Retention of Existing Regulations……………………………… 1427 Life Hazard uses / Penalties …………………………………… 1427 1402 ARTICLE 6 REFUSE CONTAINERS/DUMPSTERS 14.6-1 14.6-2 14.6-3 14.6-4 14.6-5 14.6-6 14.6-7 Purpose…………………………………………………………… 1428 Definitions………………………………………………………… 1428 Prohibited conduct………………………………………………. 1429 Exceptions to prohibition……………………………………….. 1429 Enforcement……………………………………………………… 1429 Penalties…………………………………………………………. 1429 Severability………………………………………………………. 1429 ARTICLE 7 AN ORDINANCE REGULATING THE DISCHARGE OF CERTAIN SUBSTANCES INTO THE TOWNSHIP’S STORMWATER SEWER SYSTEM 14.7-1 14.7-2 14.7-3 14.7-4 14.7-5 14.7-6 Purpose…………………………………………………………… 1431 Definitions……………………………………………………….1431-1432 Prohibited Conduct……………………………………………… 1432 Enforcement……………………………………………………... 1432 Penalties…………………………………………………………. 1432 Severability………………………………………………………. 1433 1403 ARTICLE 1. REGULATION OF FIRES Sec. 14.1-1. PROHIBITION AGAINST STORAGE OF CERTAIN ITEMS. No wood, leaves, straw, hay, excelsior, waste, rubbish, gasoline, or any other flammable or combustible materials shall be deposited or kept within any yard, lot or parcel of land, or in or under any building in the Township in sufficient quantity or in such manner as to be or become a menace, cause, or liable to cause or spread a conflagration. Sec. 14.1-2. AUTHORITY TO ENTER AND INSPECT. The Township fire marshal of the Bureau of Fire Prevention and Inspections, or his/her agent appointed by him/her for that purpose, shall and may, at any time, enter upon any premises and into any building in the Township for the purpose of investigating whether or not the provisions of this article are being violated therein. Sec. 14.1-3. OPEN BURNING / OBTAINING PERMIT Open burning shall only be permitted in accordance with the Uniform Fire Code of the State of New Jersey, Chapter 4, Section F-403.0 entitled “Open Burning”. A copy of which is on file with the Construction Code Office. Sec. 14.1-4. COMPLIANCE WITH TERMS OF PERMIT. No persons shall violate or fail to comply with any of the conditions, terms or requirements contained in any permit issued by virtue of Section 14.1-3 of this Article. Sec. 14.1-5. PENALTY. Any person who shall violate any of the provisions of this Article shall upon conviction thereof before the Municipal Court be subject to a fine not to exceed Two Hundred Fifty Dollars ($250.00) for the first offense, Five Hundred Dollars ($500.00) from the second offense and One Thousand Dollars ($1,000.00) for the third offense, or by imprisonment not to exceed sixty (60) days in the county jail, in the discretion of the Court before which such person is convicted. ____________ 1404 ARTICLE 2. REGULATION OF GASOLINE STORAGE Sec. 14.2-1. LOCATION OF STORAGE TANKS. No person shall hereafter store any gasoline, oils or other petroleum products in tanks to be used for the storage, sale and trading in said products, within one thousand (1000) feet of any dwelling house within the Township, unless said tanks are wholly buried beneath the surface of the ground. Sec. 14.2-2. CONSTRUCTION OF TANKS; PERMIT. No buildings, tanks or plants shall hereafter be constructed or established for the use, storage, sale and disposal of gasoline, oils or other petroleum products, unless the tanks are wholly buried beneath the surface of the ground, until a permit is first secured from the Township Committee, after written application being made and hearing being given to the applicant, by said Township Committee, whereby the said Township Committee shall determine the right of the applicant to said permit, and the Township Committee shall have the right to grant or refuse said permit if they deem fit, for the protection of life and property from fire, explosion and other dangers arising therefrom. Sec. 14.2-3. EXCEPTION WHEN 250 GALLONS OR LESS. Nothing herein contained shall apply to the storage of gasoline, oils and other petroleum products which are to be consumed on the premises, and not stored for the purpose of sale or trade, and nothing herein contained shall apply to the storage of said products in quantities of two hundred fifty (250) gallons or less, nor to the construction or establishment of tanks or plants for the use, storage, sale and disposal of said products in quantities of two hundred fifty (250) gallons or less. Sec. 14.2-4. PENALTY. Any person who shall violate any of the provisions of this Article shall upon conviction thereof before the Municipal Court be subject to a fine not to exceed One Hundred ($100.00) dollars or imprisonment not to exceed thirty (30) days in the County Jail, or both in the discretion of the Court before which such person is convicted. _______________ 1405 ARTICLE 3. REGULATION OF INOPERATIVE JUNK MOTOR VEHICLES Sec. 14.3-1. DECLARATION OF INTENT. The placing, keeping or storage of unused and inoperative junk motor vehicles or parts thereof on private property in the Township of Pennsville does not promote the public welfare and such articles when so kept become public nuisances in that they possess dangerous qualities which may attract children who may become injured thereby; that they are or may be a fire hazard; that they are or may become unsightly in the community and are therefore disturbing in appearance and depreciate the general appearance of the surrounding area as well as the comfort and use of neighboring properties; that they possess qualities which create health hazards; that they when left in such state increase the risk of such hazards and continue the existence of such detrimental matters; and that they are detrimental to the public health, safety and general welfare of the community. Sec. 14.3-2. DEFINITIONS. A. Unused and inoperative junk motor vehicle is intended to mean any motor vehicle which is no longer in actual use as a motor vehicle, or which is wholly unfit without repairing or reconditioning for use upon the public roadways, or which has been discarded for use as a motor vehicle. The fact that such motor vehicle is unregistered and not currently inspected shall be evidential of its nature as herein prohibited. B. Motor vehicle is intended to have the same meaning as is granted to it by Revised Statutes 39:1-1. Sec. 14.3-3. PROHIBITION; EXCEPTION. No person, firm, association or corporation shall place, keep or store or permit or suffer the placing, keeping or storing of any unused or inoperative junk motor vehicle or parts thereof upon any private property in the Township of Pennsville. Sec. 14.3-4. PREMISES DECLARED A NUISANCE. The premises where any such motor vehicle or parts thereof are placed, kept or stored in violation of this Article shall be deemed to be a public nuisance and detrimental to the health, safety and public welfare of the residents of this Township and shall be subject to the regulation of this Article and of the regulations or ordinances of the Township Board of Health. 1406 Sec. 14.3-5. ENFORCEMENT; NOTICE. The Zoning Official of the Township shall be deemed to be the administrative officer for the enforcement of this Article. Whenever it shall appear that the provisions of this Article are being violated, such enforcing officer shall notify the owner and person in possession of the property on which the violation exists, in writing, directing such person to abate the violation by removal of the article or articles constituting the violation within thirty (30) days of the service of the notice. Such notice shall be served personally, if such person is a resident of the Township. If such person is not a resident of the Township, such notice may be given by registered mail with proof of delivery. The Zoning Official, in determining the existence of a violation, shall give due regard to the standards set forth in Sec. 14.3-1. In the event such owner or person in possession shall refuse or neglect to abate the condition complained of and which constitutes a violation hereof within the time permitted for such abatement, the enforcing office shall cause a complaint to be made for such violation. Sec. 14.3-6. PENALTY. The provisions of Chapter 1 Section 1-6 of this Code shall apply to violations of this Article. _______________ 1407 ARTICLE 4. NATIONAL FLOOD INSURANCE PROGRAM Sec. 14.4-1. STATUTORY AUTHORIZATION. The Legislature of the State of New Jersey has in NJSA. 40:48-1 and NJSA 40:482, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Pennsville, in the County of Salem and State of New Jersey, does ordain as follows: Sec. 14.4-2. FINDINGS OF FACT. A. The flood hazard areas of the Township of Pennsville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. Sec. 14.4-3. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 1408 F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and, H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 14.4-4. METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. Sec. 14.4-5. DEFINITIONS. "APPEAL" means a request for a review of the Flood Plain Management Administrator's interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. 1409 "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. (10"BASE FLOOD” means the flood having a one percent chance of being equaled or exceeded in any given year. "BASEMENT" means any area of the building having its floor sub grade (below ground level) on all sides. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving excavation or drilling operations located within the area of special flood hazard. "ELEVATED BUILDING" means a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor or in the case of a building in a Coastal High Hazard Area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. "EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. (10-0782, Sec. 5) "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities either final site grading or pouring of concrete or the construction of streets). 1410 "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters and/or B. The unusual and rapid accumulation or runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 feet. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements. "MANUFACTURED HOME" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "MEAN SEA LEVEL" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. 1411 "START OF CONSTRUCTION" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, P.L. 97-348) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The actual start of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. "STRUCTURE" means a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: A. Before the improvement or repair is started, or B. If the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: A. Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. 1412 Sec. 14.4-6. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the Township of Pennsville. Sec. 14.4-7. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Township of Pennsville", dated June 15, 1982, with accompanying Flood Insurance Rate Maps and Flood Boundary/ Floodway Maps, is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file within the Township of Pennsville, 90 N. Broadway, Pennsville, New Jersey. Sec. 14.4-8. PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Pennsville from taking such other unlawful action as is necessary to prevent or remedy any violations. Sec. 14.4-9. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 14.4-10. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. 1413 Sec. 14.4-11. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Township of Pennsville, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Sec. 14.4-12. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14.4-7. Application for a Development Permit shall be made on forms furnished by the Flood Plain Management Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing: Specifically, the following information is required: A. Elevation in relation to mean sea level (NGVD of 1929) of the lowest floor (including basement) of all structures; B. Elevation in relation to mean sea level to which any structure has been flood proofed; C. Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 14.4-18(8); and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Sec. 14.4-13. DESIGNATION OF THE ENFORCEMENT OFFICER. The Flood Plain Management Administrator is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 1414 Sec. 14.4-14. DUTIES AND RESPONSIBILITIES OF THE ENFORCEMENT OFFICER. Duties of the Flood Plain Management Administrator shall include, but not be limited to: A. B. PERMIT REVIEW. 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. 2. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 14.4-19(1) are met. USE OF OTHER BASE FLOOD DATA. 1. C. When base flood elevation data has not been provided in accordance with Section 14.4-7, the Flood Plain Management Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 14.4-18(A), Residential Construction, and 14.4-18(8), Nonresidential Construction. INFORMATION TO BE OBTAINED AND MAINTAINED. 1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new substantially improved flood proofed structures: (a) Verify and record the actual elevation (in relation to mean sea level); and (b) Maintain the flood proofing certifications required in Section 14.4-12C. (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. 1415 D. E. ALTERATION OF WATERCOURSES. 1. Notify adjacent communities and the Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. INTERPRETATION OF FIRM BOUNDARIES. 1. Sec. 14.4-15. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 14.4-15. APPEAL BOARD. A. The Board of Adjustment as established by the Township of Pennsville shall hear and decide appeals and requests for variances from the requirement of this ordinance. B. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Flood Plain Management Administrator in the enforcement or administration of this ordinance. C. Those aggrieved by the decision of the Board of Adjustment or any taxpayer, may appeal such decision to the governing body of the Township and thereafter to the Superior Court of New Jersey in accordance with R.S. 40:55D-17. D. In passing upon such application, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 1416 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable. 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and flood plain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. E. Upon consideration of the factors of Section 14.4-15D and the purposes of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. F. The Flood Plain Management Administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request. 1417 Sec. 14.4-16. CONDITIONS FOR VARIANCES. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 1-11 in Section 14.4-15D have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. C. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result. D. Variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon; F. 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 14.4-15D, or conflict with existing local laws or ordinances. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. 1418 Sec. 14.4-17. GENERAL STANDARDS. In all areas of special flood hazards, the following standards are required: A. ANCHORING. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame toes to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (a) Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side; (b) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; (c) All components of the anchoring-system be capable of carrying a force of 4,800 pounds; and (d) B. Any additions to the manufactured home be similarly anchored. CONSTRUCTION MATERIALS AND METHODS. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 1419 3. C. D. Enclosure Openings: For all new and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. UTILITIES. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Mechanical and Utility Equipment: Electrical heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. SUBDIVISION PROPOSALS. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less) including manufactured home parks and subdivisions. 1420 Sec. 14.4-18. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided, as set forth in Section 14.4-7, or in Sections 14.4-14B, the following standards are required: A. RESIDENTIAL CONSTRUCTION. 1. B. NONRESIDENTIAL CONSTRUCTION. 2. C. New construction and substantial improvement of any residential structure including manufactured homes shall have the lowest floor, including basement, elevated to or above base flood elevation New construction and substantial improvement of any non- residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall: (a) Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy (c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. MANUFACTURED HOMES. 1. Manufactured homes shall be anchored in accordance with Section 14.4-17 2. All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation. 1421 3. 4. Sec. 14.4-19. For new manufactured home parks and manufactured home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisions; for existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equal or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, require that: (a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level. (b) Adequate surface drainage and access for a hauler are provided; and (c) In the instance of elevation on pilings, that: Lots are large enough to permit steps; piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is provided for pilings more than six feet above the ground level. No manufactured home shall be placed in a floodway, except in an existing manufactured home park or an existing manufactured home subdivision. FLOODWAYS. Located within areas of special flood hazard established in Section 14.4-17 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If Section 14.4-19A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 14.4-17. 1422 C. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point ____________ 1423 ARTICLE 5. UNIFORM FIRE CODE ENFORCEMENT Sec. 14.5-1. PREAMBLE. The Uniform Fire Safety Act, (P.L. 1983, c.383) was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey and the Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose and it is in the best interest of the Township of Pennsville to have the Uniform Fire Safety Act enforced locally. The fire companies of the two Township fire districts have agreed to the plan, set forth herein, for the administration and enforcement of the Uniform Fire Safety Code; Sec. 14.5-2. LOCAL ENFORCEMENT. Pursuant to Section 11 of the Uniform Fire Safety Act. (P. L. 1983, c.383) the New Jersey Uniform Fire Code shall be locally enforced in the Township of Pennsville. Sec. 14.5-3. AGENCY DESIGNATION AND COUNSEL. The local enforcing agency shall be the Bureau of Fire Prevention and Inspections, which is hereby created as an administrative office of the Township of Pennsville. The Township Solicitor is designated as the counsel for the local enforcing agency. Sec. 14.5-4. DUTIES OF THE BUREAU OF FIRE PREVENTION AND INSPECTIONS The Bureau of Fire Prevention and Inspections shall: A. Enforce the Uniform Fire Code of the State of New Jersey and all code regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township. This shall include all apartment complexes, motels, hotels, boarding houses, and any multiple family dwellings. B. Comply with the requirements of the Uniform Fire Code of the State of New Jersey and enforce any regulations set forth by ordinances of the Township of Pennsville. C. All inspections required by the Uniform Fire Code of the State of New Jersey and the Ordinances of the Township of Pennsville will be conducted yearly unless otherwise specified in the Uniform Fire Code. 1424 Sec. 14.5-5. LIFE HAZARD USES. The Bureau of Fire Prevention and Inspections established by Sec. 14.5-3 of this Ordinance shall be an administrative office of the Township, and shall be under the direct supervision and control of the Township of Pennsville Fire Marshal who shall be certified by the Division of Fire Safety as a licensed Fire Inspector/Fire Official. Sec. 14.5-6. APPOINTMENT OF A FIRE OFFICIAL. The local enforcing agency shall be under the direct supervision of the Certified Fire Marshal. Sec. 14.5-7. TERM OF OFFICE; VACANCY. The Fire Marshall shall be appointed from a term of four (4) years Sec. 14.5-8. INSPECTORS AND EMPLOYEES; TERM. Such inspectors and other employees as may be needed in the local enforcing agency shall be appointed by the Township Committee with the recommendation of the Fire Marshal for such term as may be provided by resolution of the Committee. Sec. 14.5-9. REMOVAL FROM OFFICE. The Fire Marshall, inspectors and other employees of the local enforcing agency shall be subject to removal by the Township Committee for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity, to be heard by the Committee or a designated hearing officer. Sec. 14.5-10. BOARD OF APPEALS. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the Bureau of Fire Prevention shall have the right to appeal to the Construction Board of Appeals of the Township or in the event such Board does not exist, then to the Salem County Construction Board of Appeals. 1425 Sec. 14.5-11. ADDITIONAL REQUIRED INSPECTIONS AND FEES. In addition to the inspection fees required pursuant to the Act and the regulations of the Division of Fire Safety of the Department of Community Affairs, the following additional inspections and fees shall be required: ADDED INSPECTIONS AND FEES NOT REGULATED BY THE DIVISION OF FIRE SAFETY OF THE STATE OF NEW JERSEY BUILDING TYPE USAGE FEE (PER BLDG.) 1 & 2 Story Places of assemblage or $50.00 Eating or drinking establishments With less than 50 occupancy 1,000 square ft. or less Business, professional, Mercantile $50.00 1,001 to 5,000 sq. ft. Business, Professional, Mercantile $100.00 5001 or more sq. ft. Business, Professional, Mercantile $150.00 2 Units or more (not Regulated by Div. of Fire Safety) Apartment(s), complexes, $35.00 motels, hotels, boarding houses, multi-family dwellings (rental units Only) 1,000 sq. ft or less Storage facilities $50.00 1,001 to 5,000 sq ft. Storage facilities $175.00 5,001 sq. ft. or more Storage Facilities $225.00 1,000 sq. ft or less Industrial Complexes (building not regulated by Division of Fire Safety) $50.00 1,001 to 5,000 sq. ft Industrial Complexes (building not regulated by Division of Fire Safety) $175.00 5,001 or more sq. ft. Industrial Complexes (building not regulated by Division of Fire Safety) $225.00 1426 PERMIT FEES NOT REGULATED BY DIVISION OF FIRE SAFETY Type #1 Type #2 Type #3 Type #4 Type #5 $75.00 $175.00 $275.00 $375.00 reserved PROPANE EXCHANGE FACILITIES ANNUAL PERMIT FEE 20 cylinders or less 21 cylinders or more Sec. 14.5-12. $65.00 $125.00 PERMITS; FEES. The permit fees established by the Uniform Fire Code, and the Ordinances of the Township of Pennsville, shall be the fees for the uses and activities prescribed for such fees. Such fees shall be paid to the municipal treasury and appropriated to the local enforcement agency for the enforcement of the Act. Sec. 14.5-13. RETENTION OF EXISTING REGULATIONS. Existing local fire prevention codes and ordinances are retained, exclusive of this ordinance, to the extent not inconsistent with requirements of the State Fire Code. Sec. 14.5-14 LIFE HAZARD USES / PENALTIES All life hazard use fees and penalties for violations are set by the Uniform Fire Code of the State of New Jersey and collected by same. ______________ 1427 ARTICLE 6 REFUSE CONTAINERS/DUMPSTERS Sec. 14.6-1 PURPOSE An Ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise charge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer systems operated by the Township of Pennsville and/or the waters of the State of New Jersey so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. Sec. 14.6-2 DEFINITIONS For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A. Enclosures: An area where dumpsters must be placed, which is surrounded by a wall or fence which shall be at least six feet high, and which structure shall have a gate or door for access (side or rear access door or doors optional). The enclosure shall be situated on a paved surface, and if it is constructed of chain line fencing, it shall have vinyl slatting to obscure the interior from passersby. B.. Municipal Separate Storm Sewer System (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Pennsville or other public body, and is designed and used for collecting and conveying stormwater. C.. Person: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal direction. D. Refuse Container: Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans garbage pails, and plastic trash bags. E. Stormwater: Means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment. 1428 F. Sec. 14.6-3 Waters of the State: Means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. PROHIBITED CONDUCT Any person who controls, whether owned, leased, or operated, a refuse container or dumpster shall not: A. Permit said container or dumpster to be uncovered. B. Permit said container or dumpster to leak liquids, semi-liquids or solids. C. Subsequent to October 1, 2012, permit said dumpster to be outside of an enclosure. (This deadline may be extended by duly adopted resolution of the Township Committee for a period not exceeding sixty days.) Sec. 14.6-4 EXCEPTIONS TO PROHIBITION A. Permitted temporary demolition containers B. Litter receptacles (other than dumpsters or other bulk containers). C. Individual homeowner’s trash and recycling containers D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit. Sec. 14.6-5 ENFORCEMENT This Ordinance shall be enforced by the Township’s Recycling Enforcement Officer and the Zoning Officer. Sec. 14.6-6 PENALTIES Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties as set forth in Sec. 1.1-6 of the Revised Ordinances of the Township of Pennsville. Sec. 14.6-7 SEVERABILITY Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the 1429 finding or holding of any such portion of this ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this ordinance. Sec. 14.6-8 EXEMPTION Governmental and public entities shall be exempt from the provision for enclosures. ____________________________ 1430 ARTICLE 7 AN ORDINANCE REGULATING THE DISCHARGE OF CERTAIN SUBSTANCES INTO THE TOWNSHIP’S STORMWATER SEWER SYSTEM Sec. 14.7-1 PURPOSE An ordinance to prohibit illicit connections to the municipal separate stormwater sewer system(s) operated by the Township of Pennsville in order to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. Sec. 14.7-2 DEFINITIONS For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at NJAC 7:14A-12. A. Domestic sewage – waste and wastewater from humans or household rations. B. Illicit connection – any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate stormwater sewer system operated by the Township of Pennsville, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ 0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate stormwater sewer system. C. Industrial waste – Non-domestic waste, including but not limited to those pollutants regulated under Section 307(a), (b) or (c) of the Federal Clean Water Act (33 USC 1317 § (a), (b) or (c)). D. Municipal separate stormwater sewer system – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Pennsville and is designed and used for collecting and conveying stormwater. 1431 E. NJPDES permit: a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at NJAC 7:14A. F. Non-contact cooling water: water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers and/or corrosion inhibitors. G. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of the state subject to municipal jurisdiction. H. Process wastewater – any water which during manufacturing or processing comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water. I. Stormwater - water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate stormwater sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment. Sec. 14.7-3 PROHIBITED CONDUCT No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm water sewer system operated by the Township of Pennsville any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater). Sec. 14.7-4 ENFORCEMENT This Ordinance shall be enforced by the Township of Pennsville Water Department Superintendent. Sec. 14.7-5 PENALTIES Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties set forth in Chapter 1 of the Revised Ordinances of the Township of Pennsville. 1432 Sec. 14.7-6 SEVERABILITY Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the funding or holding of any such portion of this ordinance to unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this ordinance. _______________________ 1433