The Legislature of the State of New Jersey has
in N.J.S.A. 40:48-1 et seq. 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 Council of the Township of Jefferson, Morris County, New
Jersey, does ordain as follows, which ordinance shall be established
as Chapter 42 of the Jefferson Township Municipal Code.
It is the purpose of this chapter 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 to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood
control projects.
C. Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D. Minimize prolonged business interruptions.
E. 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.
F. Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood blight areas.
G. Ensure that potential buyers are notified that property
is in an area of special flood hazard.
H. Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards or
which result in damaging increases in erosion or in flood heights
or velocities.
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C. Controlling the alteration of natural floodplains,
stream channels and natural protective barriers, which help accommodate
or channel floodwaters.
D. Controlling filling, grading, dredging and other development
which may increase flood damage.
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Township of Jefferson.
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 Jefferson,
Morris County," dated January 1983, and subsequent revisions, with
accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway
Maps, are hereby adopted by reference and declared to be a part of
this chapter. The Flood Insurance Study is on file with the Clerk
of Jefferson Township.
No structure or land shall hereafter be constructed,
located, 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 misdemeanor.
Any person who violates this chapter or fails to comply with any of
its requirements shall, upon conviction thereof, be fined not more
than $500 for each violation or imprisoned for not more than 30 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 Jefferson, Morris County, from taking such
other lawful action as is necessary to prevent or remedy any violation.
Each day of a violation shall be considered a new violation.
This chapter is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this chapter and other ordinance, easement, covenant
or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be considered as minimum requirements,
liberally construed in favor of the governing body, and deemed neither
to limit nor repeal any other powers granted under state statutes.
The degree of flood protection required by this
chapter 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 chapter does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Township of Jefferson, Morris
County, any officer or employee thereof or the Federal Insurance Administration
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
[Amended 2-16-2005 by Ord. No. 4-05]
The Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
[Amended 2-16-2005 by Ord. No. 4-05]
Duties of the Construction Official shall include
but shall not be limited to:
A. Development permit review. The Construction Official
shall:
(1) Review all development permits to determine that the
permit requirements of this chapter 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 §
262-18A are met.
B. Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with §
262-7, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer §
262-17A, Residential construction, and §
262-17B, Nonresidential construction.
[Amended 4-1-1987 by Ord. No. 5-87]
C. Information to be obtained and maintained. The Construction
Official shall:
(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 or substantially improved floodproofed
structures:
(a)
Verify and record the actual elevation in relation
to mean sea level; and
(b)
Maintain the floodproofing certifications required in §
262-12B(3).
(3) Maintain for public inspection all records pertaining
to the provisions of this chapter.
D. Alteration of watercourses. The Construction Official
shall:
(1) Notify adjacent communities and the New Jersey Department
of Environmental Protection 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.
E. Interpretation of FIRM boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 §
262-15.
In all areas of special flood hazard, 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 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.
[Amended 4-1-1987 by Ord. No. 5-87]
B. Construction materials and methods.
(1) All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
C. Utilities.
(1) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4) 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.
[Added 4-1-1987 by Ord. No. 5-87]
D. 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 five acres, whichever is less.
E. Enclosure openings. For all new construction 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.
[Added 4-1-1987 by Ord. No. 5-87]
In all areas of special flood hazard where base flood elevation data has been provided as set forth in §
262-7, Basis for establishing areas of special flood hazard, or in §
262-14B, Use of other base flood data, the following standards are required:
A. Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
B. 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 the level of the base flood elevation or, together with
attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water.
(2) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(3) 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 set forth in §
262-14B.
[Added 4-1-1987 by Ord. No. 5-87]
C. Manufactured homes.
[Amended 4-1-1987 by Ord. No. 5-87]
(1) Manufactured homes shall be anchored in accordance with §
262-16A(2).
(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.
Located within areas of special flood hazard established in §
262-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. Encroachments, including fill, new construction, substantial
improvements and other development, shall be prohibited 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 Subsection
A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§
262-16,
262-17 and
262-18.
C. The placement of any mobile homes shall be prohibited,
except in an existing mobile home park or existing mobile home subdivision.
D. 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 0.2 foot at
any point.