[HISTORY: Adopted by the Township Council
of the Township of Jefferson 9-7-1983 by Ord. No. 18-83 (Ch. 42 of the 1967
Code). Amendments noted where applicable.]
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.[1]
A.
The flood hazard areas of the Township of Jefferson,
Morris County, 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 hazard which increase flood
heights and velocities and, when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
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.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDING
FLOOD or FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
VARIANCE
As used in this chapter, the following terms shall
have the meanings indicated:
A request for a review of the Construction Official's interpretation
of any provision of this chapter or a request for a variance.
[Amended 2-16-2005 by Ord. No. 4-05]
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.
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 4-1-1987 by Ord. No. 5-87]
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.
[Added 4-1-1987 by Ord. No. 5-87]
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.
A nonbasement building 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 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 floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.[1]
[Added 4-1-1987 by Ord. No. 5-87]
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
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.
The channel of a river or other watercourse 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 foot.
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
is not considered a building's lowest floor, provided that such enclosure
is not built so to render the structure in violation of other applicable
nonelevation design requirements.
[Added 4-1-1987 by Ord. No. 5-87]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
[Added 4-1-1987 by Ord. No. 5-87]
A parcel, or contiguous parcels, of land divided into two
or more manufactured home lots for rent or sale.[2]
[Added 4-1-1987 by Ord. No. 5-87]
Structures for which the start of construction commenced
on or after the effective date of this chapter.[3]
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
that the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
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, footings, 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.
[Amended 4-1-1987 by Ord. No. 5-87]
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
[Amended 4-1-1987 by Ord. No. 5-87]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, 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 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 any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
[1]
Editor's Note: The definitions of "existing
mobile home park or mobile home subdivision" and "expansion to an
existing mobile home park or mobile home subdivision," which previously
followed this definition, were repealed 4-1-1987 by Ord. No. 5-87.
[2]
Editor's Note: The definition of "mobile home,"
which previously followed this definition, was repealed 4-1-1987 by
Ord. No. 5-87.
[3]
Editor's Note: The definition of "new mobile
home park or mobile home subdivision," which previously followed this
definition, was repealed 4-1-1987 by Ord. No. 5-87.
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.
A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 262-7.
B.
Application for a development permit shall be made
on forms furnished by the Construction Official and may include but
shall 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 and drainage
facilities and the location of the foregoing. Specifically, the following
information is required:
[Amended 2-16-2005 by Ord. No. 4-05]
(1)
Elevation in relation to mean sea level of the lowest
floor, including basement, of all structures.
(2)
Elevation in relation to mean sea level to which any
structure has been floodproofed.
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 262-17B.
(4)
A description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
[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.
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.
A.
Appeal Board.
(1)
The Land Use Board as established by the Township
of Jefferson shall hear and decide appeals and requests for variances
from the requirements of this chapter.
[Amended 12-18-2019 by Ord. No. 19-28]
(2)
The Land Use Board shall hear and decide appeals when
it is alleged that there is an error in any requirement, decision
or determination made by the Construction Official in the enforcement
or administration of this chapter.
[Amended 12-18-2019 by Ord. No. 19-28]
(3)
Those aggrieved by the decision of the Land Use Board,
or any taxpayer, may appeal such decision to a court having competent
jurisdiction.
[Amended 12-18-2019 by Ord. No. 19-28]
(4)
In passing upon such applications, the Land Use Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
[Amended 12-18-2019 by Ord. No. 19-28]
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location, where applicable.
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program of that area.
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
(k)
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.
(5)
Upon consideration of the factors of § 262-15A(4) and the purposes of this chapter, the Land Use Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
[Amended 12-18-2019 by Ord. No. 19-28]
(6)
The Construction Official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
[Amended 2-16-2005 by Ord. No. 4-05]
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 262-15A(4) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(2)
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.
(3)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(c)
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 § 262-15A(4) or conflict with existing local laws or ordinances.
(6)
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 be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
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.
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.
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.