A. GENERAL STANDARDS

In all areas of special flood hazards the following standards are required:

(1) ANCHORING

[a] All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

[b] All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the top or frame ties to ground anchors. This requirement is in addition to applicable State and Local anchoring requirements for resisting wind forces.

(2) CONSTRUCTION MATERIALS AND METHODS

[a] All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[b] All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) Utilities

(a] All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

[b] 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;

[c] On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

[d] 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.

(4) SUBDIVISION PROPOSALS

[a] All subdivision proposals shall be consistent with the need to minimize flood damage;

[b] All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

[c] All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

[d] 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).

(5) ENCLOSURE OPENINGS

For all new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

B. SPECIFIC STANDARDS

In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in SECTION 4.3-2, Use of Other Base Flood Data, the following standards are required:

(1) RESIDENTIAL CONSTRUCTION

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation; or

(2) NONRESIDENTIAL CONSTRUCTION

New Construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot above the base flood elevation; or

[a] be floodproofed 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 effects of buoyancy; and,

[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 applicable provisions of this subsection. Such certification shall be provided to the official as set forth in SECTION 100-103C.(2).

(3) MANUFACTURED HOMES

[a] Manufactured homes shall be anchored in accordance with Section 100-105A.(1)(b)

[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 least one foot above the base flood elevation.

C. FLOODWAYS

Located within areas of special flood hazard established in SECTION 100-97 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:

[1] Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

[2] If SECTION 100-105C.(1) is satisfied, all new construction and substantial improvements must comply with flood hazard reduction provisions of SECTION 100-105, PROVISIONS FOR FLOOD HAZARD REDUCTION.

[3] 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 two-tenths (0.2) of a foot at any point.

At the time of filing an application for a Development Permit under this Article XII, the applicant shall pay a filing fee of twenty-five ($25) dollars and establish an escrow deposit of five hundred ($500) dollars. Such fee and escrow deposits shall be governed by the terms of § 100-147 of this Code.

A. Any parcel of land, at least three-fourths (3/4) acre in lot area, in a residential district with a lot area less than that prescribed for a lot in the district in which such lot is located, which parcel was under one (1) ownership and in existence at the time of the adoption of any ordinance repealed by the adoption of this Part 1 originally or of any amendment hereto, by which the minimum lot area applicable thereto was increased, may be used for single-family dwelling purposes as a principal use; any single-family dwelling or accessory structure to it thereon may be enlarged, and any single family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction and shall not constitute a nonconforming use or structure, provided that:

1. All regulations except front, side and rear yard and setback line requirements prescribed for the district by this Part 1 shall be complied with.

2. Either the owner thereof owns no adjoining land or the parcel was granted either minor or final major subdivision approval by the Township Planning Board or Board of Adjustment.

B. Except as provided in subsection C. below, in lieu of the front, side and rear yard and setback line requirements prescribed for the district by this Part 1, the following front, side and rear yard and setback line requirements shall apply:

1. Setback line. No building or parts of a building shall be closer than fifty (50) feet to the nearest street line.

2. Front yard. Front yards shall be at least fifty (50) feet in depth.

3. Side yard. Each principal building shall be provided with a side yard, each at least twenty-five (25) feet in width.

4. Rear yard. Each principal building shall be provided with a rear yard at least twenty-five (25) feet in depth.

C. Notwithstanding the provisions of subsection B. above:

(1) Where the lot has a lot area of at least three (3) acres, the following requirements shall apply:

(2) Where the lot has a lot area of less than three (3) acres but at least two (2) acres, the following requirements shall apply:

**Webmaster's Note: The previous section has been amended as per Ordinance No. 1998-9.

A. Recognizing that there are trends in home planning and lot arrangement to secure the full benefit of sunlight, prevailing winds and other amenities which may necessitate variation in the front, side and rear yard requirements of this Part 1, such variation may be permitted in the ease of isolated homes, groups of homes or neighborhood layouts, provided that the site plans thereof are first approved by the Planning Board.

B. Where a lot is situated between two (2) lots, each of which is developed with a principal building which projects forward of the established setback line and has been so maintained since the enactment of this Part 1, the minimum front yard requirement of such lot may be the average of the front yards of said adjoining lots

C.Where a lot adjoins one (1) lot developed as described in Subsection B hereof and a vacant lot, the minimum front yard required for such lot may be the average of the front yard of building on the adjoining lot and the front yard otherwise required by this Part 1.

D.Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required in this Part 1, then any new building shall conform substantially to this established alignment

E.The provisions of Subsections B, C and D shall not apply where the size or depth of a lot shall make enforcement of the provision impractical.

F. Where, in the event of the destruction of an existing building and in rebuilding in accordance with the building size requirements of this Part 1, the owner thereof cannot conform to the front yard requirements as set forth for vacant lots in Subsections B, C and D hereof by reason of lack of lot depth, such building may be rebuilt in its preexisting location.

G. In the R-5 District, a lot existing on the effective date of the ordinance creating this subsection G. (Ordinance 98-9, effective 9-11-98) which has the required lot area for the district in which it is located but lacks the required minimum lot width for such district is permitted to be used under the following conditions:

(1) The principal use of such lot is for single-family dwelling purposes.

(2) The minimum side yard requirement for such lot shall be reduced from the minimum side yard normally required for the zoning district by the same ratio that the lot width of such lot bears to the minimum lot width normally required for the zoning district; provided, however, that the combined side yards of such lot shall equal at least forty percent (40%) of the lot width of such lot and no single side yard shall be less than twentyfive (25) feet.

H. In the R-5 District, a lot existing on the effective date of the ordinance creating this subsection G. (Ordinance 98-9, effective 9-11-98) which has the required lot area for the district in which it is located but lacks the required minimum lot depth for such district is permitted to be used under the following conditions:

(1) The principal use of such lot is for single-family dwelling purposes.

(2) The minimum rear yard requirement for such lot shall be reduced from the minimum rear yard normally required for the zoning district by the same ratio that the lot depth of such lot bears to the minimum lot depth normally required for the zoning district; provided, however, that the rear yard shall be at least twenty-five (25) feet.

**Webmaster's Note: The previous subsections G and H have been added as per Ord. No. 1998-9.

In the R-1, R-2 and R-3 Zoning Districts, a lot whose principal use is for single-family dwelling purposes is permitted without frontage on a street as defined herein under the following conditions:

A. Such lot has frontage on a driftway, and such frontage shall be at least five hundred (500) contiguous feet in length. The driftway upon which such lot has frontage shall be, between such lot and the public road, such as meets the standards set forth in § 100-161 Lots on driftways, of an ordinance of this township whose short title is the Holland Township Development Regulations Ordinance (1977), as amended. Such lot shall also have a lot area, exclusive of any area in the driftway, of at least five (5) acres

B. Except for the requirement of frontage on a street and as stated in Subsection above, such lot shall meet all other requirements of the zoning district in which it is situated.

C.Inasmuch as N.J.S.A 40.55D-35 prohibits the issuance of a permit for the erection of any building or structure on a lot which does not abut a street giving access to the proposed building or structure, prior to the issuance of any permit for the erection of any building or structure on such lot, necessary action pursuant to N.J.S.A 40 55D-36 directing the issuance of such permit shall have been taken (The necessary action spelled out by N.J.S.A. 40-55D-36 is a determination by the appropriate municipal agency (Board of Adjustment or Planning Board) after an appeal procedure to that Board, that a permit required for erecting a building or structure can be issued. This determination is permitted under N J S A 40.55D-36 only under certain exceptional circumstances and subject to conditions relating to access for emergency vehicles and to protection of future street layouts)

Notwithstanding the yard requirements of this Part 1, on a lot principally used for single-family dwelling purposes, an accessory shed (not used as a garage), whose maximum horizontal dimensions are ten by twelve (10 x 12) feet, may be located in any required side or rear yard on the lot provided that it is at least ten (10) feet from the property line.

In addition to other signs permitted in this Part 1, one (1) sign shall be permitted on any lot within the township, except for any lot which is vacant or unimproved, anywhere within the MFR Multifamily Residential District, and any lot which is not principally used for residential purposes in the IND Limited Industrial Park or I-P Industrial Park Districts, in accordance with the following requirements

A.The sign shall not exceed twelve (12) square feet in area per side (with no more than two (2) sides] and not be over six (6) feet in height unless attached to the building It shall not be lighted or have any moving parts and shall not be placed so as to interfere with traffic safety

B.The sign shall advertise or give notice of a temporary event (such as a sale or performance) and shall remain in place for not exceeding ten (10) consecutive days, whereupon it shall be removed by the owner or occupant of the lot

C.The sign shall not be of a type (such as a "for sale" sign) permitted for the lot under other provisions of this Part 1

D.A sign permit shall be obtained from the Zoning Officer prior to the placing of such sign, and no more than three (3) sign permits for a sign under this § 100-112 1 shall be issued for the same lot within any twelve-month period

Nonconforming uses and structures may be continued, restored or repaired as provided by state law (N.J.S.A 40 55D-68)

In any instance where planned development is permitted by this Part 1 (of Chapter 100), such as in the MFR or LCD Districts, or in the case of residential cluster development in the R5 District, the approving authority shall, before approving such planned development, find the facts and make the conclusions with respect to the proposed planned development as required by N.J.S.A. 40:55D-45.

**Webmaster's Note: Duplicate section number added as per Ordinance No. 1998-9. To be verified with the town.

A.No nonconforming structure shall be enlarged, expanded, extended or increased in size in any way so as to be larger or bigger or more extensive that it was at the time of the adoption of this Part 1

B.No nonconforming use shall be expanded or extended over a larger area than is being occupied at the time of the adoption of this Part 1

C.No nonconforming lot shall be reduced in lot area so as to be smaller than it was at the time of the adoption of this Part 1

Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again to a nonconforming use, and any nonconforming structure or use which has been abandoned or discontinued shall not be resumed

Whenever boundaries of a district shall be changed so as to transfer an area from one district to another district or different classification, the provisions of this Article shall also apply to any nonconforming uses existing therein or created thereby