[1972 Code § 26-1.1; Ord. No. 955-89 § 1.1; Ord. No. 2132-07 § II]
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 public health, safety, and
general welfare of its citizenry. Therefore, the Township Council
for the Township of West Orange, in the County of Essex, State of
New Jersey does ordain as follows:
[1972 Code § 26-1.2; Ord. No. 955-89 § 1.2; Ord. No. 2132-07 § II]
a.
The flood hazard areas of West Orange 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.
[1972 Code § 26-1.4; Ord. No. 955-89 § 1.3; Ord. No. 2132-07 § II]
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;[1]
[1]
Editor's Note: Chapter 26, "Flood Plain Control," and Chapter 26A, "Flood Hazard Control," previously contained in the Revised General Ordinances of the Township of West Orange, have been replaced by a new Chapter 24, "Flood Damage Prevention." This chapter incorporates changes recommended by the New Jersey Department of Environmental Protection to maintain the Township's eligibility in the nation's Flood Insurance Program.
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, bridges
located in areas of special flood hazard;
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.
[1972 Code § 26-1.4; Ord. No. 955-89 § 1.4; Ord. No. 2132-07 § 2]
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 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 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.
[1972 Code § 26-2; Ord. No. 955-89 § 2.0; Ord. No. 2132-07 § II]
Unless specifically defined below, words or phases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
Shall mean a request for a review of the Construction Official's
interpretation of any provision of this ordinance or a request for
a variance.
Shall mean designated AO, AH, or VO zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a 1% annual or greater
chance of flooding to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Shall mean the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
Shall mean 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.
Shall mean any manmade 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, or storage of equipment or materials located within the
area of special flood hazard.
Shall mean 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.
Shall mean 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 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 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.
Shall mean 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.
Shall mean the official report in which the Federal Insurance
Administration has provided flood profiles, as well as the Digital
Flood Insurance Rate Map(s) and the water surface elevation of the
base flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain ordinance, grading ordinance and erosion control ordinance)
and other applications of police power. The term describes such State
or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Shall mean 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.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Shall mean 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 buildings lowest floor provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements.
Shall mean 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 attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean structures for which the start of construction
commenced on or after the effective date of a floodplain regulation
adopted by a community and includes any subsequent improvements to
such structures.
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of the flood plain management regulations
adopted by the municipality.
Shall mean a vehicle which is [i] built on a single chassis;
[ii] 400 square feet or less when measured at the longest horizontal
projections; [iii] designed to be self-propelled or permanently towable
by a light duty truck; and [iv] designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348) shall include
substantial improvements and shall mean the date the building permit
was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, 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 or 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. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
Shall mean damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50%, of the market value of the structure
before the damage occurred.
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
Shall mean a grant of relief from the requirements of this
ordinance that permits construction in a manner that would otherwise
be prohibited by this ordinance.
[1972 Code § 26-3.1; Ord. No. 955-89 § 3.1; Ord. No. 2132-07 § II]
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the Township of West Orange, Essex County,
New Jersey.
[1972 Code § 26-3.2; Ord. No. 955-89 § 3.2; Ord. No. 2132-07 § II]
The areas of special flood hazard for the Township of West Orange,
Community No. 340197, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Essex
County, New Jersey (All Jurisdictions)" dated June 4, 2007.
b.
Flood Insurance Rate Map for Essex County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 0084, 0091, 0092, 0093, 0094,
0103, 0111, 0113; whose effective date is June 4, 2007.
The above documents are hereby adopted and declared to be a
part of this ordinance. The Flood Insurance Study and maps are on
file at 66 Main Street, West Orange, NJ 07052-5313.
[1972 Code § 26-3.3; Ord. No. 955-89 § 3.3; Ord. No. 2132-07 § II]
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
$1,250 per day or imprisoned for not more than 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
West Orange from taking such other lawful action as is necessary to
prevent or remedy any violation.
[1972 Code § 26-3.4; Ord. No. 955-89 § 3.4; Ord. No. 2132-07 § II]
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.
[1972 Code § 26-3.5; Ord. No. 955-89 § 3.5; Ord. No. 2132-07 § II]
In the interpretation and application of this ordinance, all
provisions shall be:
[1972 Code § 26-3.6; Ord. No. 955-89 § 3.6; Ord. No. 2132-07 § II]
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 manmade 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 West Orange, 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.
[1972 Code § 26-4.1; Ord. No. 955-89 § 4.1; Ord. No. 2132-07 § II]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 24-3.2. Application for a development permit shall be made on forms furnished by the Township of West Orange's Construction Official 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, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure has
been floodproofed.
c.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 24-5.2b; and,
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[1972 Code § 26-4.2; Ord. No. 955-89 § 4.2; Ord. No. 2132-07 § II]
The Construction Official for the Township of West Orange is
hereby appointed to administer and implement this ordinance by granting
or denying development permit applications in accordance with its
provisions.
[1972 Code § 26-4.3; Ord. No. 955-89 § 4.3; Ord. No. 2132-07 § II]
Duties of the Construction Official shall include, but not be
limited to:
a.
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.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 24-3.2, Basis for Establishing the 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 subsections 24-5.2a, Specific Standards, Residential Construction, and 24-5.2b., Specific Standards, Nonresidential Construction.
c.
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.
3.
Maintain for public inspection all records pertaining to the provisions
of this ordinance.
d.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section and the Land Use
Regulation Program 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 the flood carrying-capacity is not
diminished.
e.
Interpretation of DFIRM/FIRM Boundaries. 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 subsection 24-4.4.
[1972 Code § 26-4.4; Ord. No. 955-89 § 4.4; Ord. No. 2132-07 § II]
a.
Appeal Board.
1.
The Planning Board or Zoning Board of Adjustment as established by
the Township of West Orange shall hear and decide appeals and requests
for variances from the requirements of this ordinance.
2.
The Planning Board or Zoning 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 Construction Official in the enforcement
or administration of this ordinance.
3.
Those aggrieved by the decision of the Planning Board or Zoning Board
of Adjustment, or any taxpayer, may appeal such decision to the Superior
Court of New Jersey, as provided by law.
4.
In passing upon such applications, the Planning Board or Zoning Board
of Adjustment, shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance,
and:
(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 flood plain 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 flood waters and the effects of wave action,
if applicable, expected at the site; and,
(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 subsection 24-4.4a,4 and the purposes of this ordinance, the Planning Board or Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
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.
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, providing items (a) through (k) in subsection 24-4.4a, 4 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
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 subsection 24-4.4a,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.
[1972 Code § 26-5.1; Ord. No. 955-89 § 5.1; Ord. No. 2132-07 § II]
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
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.
b.
Construction Materials and Methods.
c.
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; and
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.
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; and,
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. 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.
[1972 Code § 26-5.2; Ord. No. 955-89 § 5.2; Ord. No. 2132-07 § II]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 24-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 24-4.3b, Use of Other Base Flood Data, the following standards are required:
a.
Residential Construction.
1.
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement elevated to or above
base flood elevation;
2.
Require within any AO zone on the municipality's DFIRM/FIRM
that all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
above the highest adjacent grade at least as high as the depth number
specified in feet (at least two feet if no depth number is specified).
And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
b.
Nonresidential Construction.
1.
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 the attendant utilities and sanitary facilities,
shall:
2.
Require within any AO zone on the municipality's DFIRM/FIRM
that all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified). And, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures; or
3.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
4.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
5.
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 subsection 24-4.3c,2.
[1972 Code § 26-5.3; Ord. No. 955-89 § 5.3; Ord. No. 2132-07 § II]
Located within areas of special flood hazard established in subsection 24-3.2 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 encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
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 two-tenths of a foot at any
point.
