Township of Morris, NJ
Morris County
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Table of Contents
Table of Contents
A. 
No building or structure shall hereafter be erected, enlarged, expanded, externally altered or modified, nor shall any paving, fill, excavation or improvement be permitted, within any flood hazard area in the Township of Morris unless a site plan shall have been submitted to the Planning Board of the Township of Morris for its review and approval.
B. 
When base flood data has not been included in the Flood Insurance Study for the Township of Morris, New Jersey, the Township Engineer shall obtain, review and utilize such other data available to administer the provisions of this section.
[Added 5-27-1981 by Ord. No. 20-81[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
All information as to the actual elevation of habitable floors and floodproofing elevations and floodproofing certifications shall be maintained by the Construction Official.
[Added 5-27-1981 by Ord. No. 20-81]
Said site plan shall meet the detail requirements of Part 4 of this chapter. In addition, the following information shall be shown:
A. 
Existing and proposed contours (in addition to those in Part 4) of all lands involved with a slope of less than 2% at contour intervals of one foot.
B. 
Proposed finished elevations at the corners of any structure or structures.
C. 
The lowest elevation within any proposed or existing structure that may be occupied by any person.
D. 
Detailed reports on such subsurface conditions, based on percolation test and/or soil borings, as may be required by the Planning Board.
E. 
Elevation to which any structure has been or will be floodproofed.
[Added 5-27-1981 by Ord. No. 20-81]
F. 
Certification by a licensed professional engineer or registered architect that the floodproofing methods for any structure meet the criteria of § 57-127.
[Added 5-27-1981 by Ord. No. 20-81]
G. 
Base flood elevation data shall be provided for any proposal for development.
[Added 5-27-1981 by Ord. No. 20-81]
Because of the importance of the natural floodplain, all natural land within any delineated floodplain, except for land to be developed in accordance with this Part 5, shall be preserved in its natural state where possible, and any land within the floodplain shall be developed in such a manner as to preclude any decrease in floodwater storage and/or any increase in flood velocity.
Notwithstanding any other provisions of this Part 5, the following uses shall be prohibited in any flood hazard area:
A. 
Any use which reduces the flood storage capacity of the floodplain.
B. 
Any obstruction of the channel or floodway of any watercourse.
C. 
Any channel modification, alteration or relocation, unless specifically permitted by the State of New Jersey Department of Environmental Protection.
D. 
Any residential use where any space is below design flood elevation.
E. 
Commercial, industrial, office or laboratory uses where any space, other than parking area, in the structure involved is below design flood elevation.
F. 
The placing, depositing or dumping of any solid waste.
G. 
The disposal, discharge or dumping of pesticides, domestic or industrial waste, radioactive materials, petroleum products or other hazardous materials.
H. 
Any septic disposal field construction.
The following uses are permitted in flood hazard areas of the Township:
A. 
Rear, front or side yard setback areas, provided that said areas are delineated as flood hazard areas on all filed maps and/or documents, deeds, etc.
B. 
Buffer zones, as required by Part 4 of this chapter.
C. 
Clustered acreage, as provided in Part 4 of this chapter.
D. 
Parking lots, provided that the flood storage capacity of the land is not reduced.
E. 
Any open use not requiring structures, such as ball fields, agriculture, etc.
A. 
Any use not specifically prohibited and not provided for as a permitted use shall be considered individually by the Planning Board for classification.
B. 
The developer shall submit sufficient data to prove to the satisfaction of the Board that the proposed land use:
(1) 
Has an inherent low flood damage potential.
(2) 
Does not increase flood heights and/or velocities either by itself or in conjunction with existing adjacent uses.
(3) 
Does not adversely affect water-carrying capacity.
(4) 
Does not decrease stormwater storage.
(5) 
Does not conflict with the intent of this Part 5.
Structures which lawfully exist on or before the effective date hereof are permitted to remain, subject to the following conditions:
A. 
Maintenance and repair of preexisting structures are permitted without a permit.
B. 
If a preexisting structure is damaged by a flood, it may be repaired or restored to its condition prior to such damage, provided that floodproofing and anchoring to prevent flotation, collapse or lateral movement of the structure, to the satisfaction of the Construction Official and/or the Township Engineer, are included as part of the repair. Such repair is subject to a permit. The Planning Board shall consider such a use as a permitted use and shall concern itself with the conditions necessary for protection of the repaired structure.
[Amended 5-27-1981 by Ord. No. 20-81]
C. 
No preexisting structure shall be expanded or enlarged except as may be required for floodproofing.
D. 
Structures in the flood-fringe area that are abandoned for 12 consecutive months at any time after the effective date of this Part 5 shall not qualify as preexisting uses.
A. 
The administration and enforcement of the provisions of this Part 5 relating to the construction, erection, maintenance and continued operation at design capacity of stormwater detention facilities and other facilities, structures, devices and techniques required in compliance with this Part 5 shall be the responsibility of the Township Engineer.
B. 
The Township Engineer shall serve notice on the owner or occupant of any property violating this Part 5 within 30 days. Upon failure of said owner or occupant to correct such violation, the Township Engineer shall prosecute a complaint to correct such violation before the Municipal Magistrate.
C. 
The floodproofing of any structure shall be subject to the approval and inspection of the Construction Official and Township Engineer of the Township of Morris and shall be completed in accordance with the applicable building codes and standard practices of the trade.
D. 
The Township Engineer shall review all uses to determine that any necessary federal, state or local permits have been obtained prior to commencement of construction of any nature.
[Added 5-27-1981 by Ord. No. 20-81]
E. 
In any application for alteration or relocation of a watercourse, the Planning Board or Board of Adjustment shall require that notice of such alteration or relocation be given to adjacent municipalities, the New Jersey Department of Environmental Protection and the Federal Insurance Administration in accordance with the provisions of § 57-31.
[Added 5-27-1981 by Ord. No. 20-81]
F. 
The repair of any existing structure permitted by this Part 5 shall be structurally designed, taking into account potential hydrostatic and hydrodynamic loads.
[Added 5-27-1981 by Ord. No. 20-81]