[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Findings of fact.
1.
The flood hazard areas of the Town of Morristown 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.
2.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards 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.
b.
Statement of purpose. It is the purpose of this Part 5 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:
1.
Protect human life and health.
2.
Minimize expenditures of public money for costly flood control projects.
3.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public.
4.
Minimize prolonged business interruptions.
5.
Minimize damage to public facilities and utilities, such as water
and gas mains and electric, telephone and sewer lines, streets and
bridges located in areas of special flood hazard.
6.
Help maintain a stable tax base for providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas.
7.
Ensure that potential buyers are notified that property is in an
area of special flood hazard.
8.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
c.
Methods of reducing flood losses. In order to accomplish its purposes,
this part includes methods and provisions for:
1.
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.
2.
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
3.
Controlling the alteration of natural floodplains, stream channels
and natural protective barriers, which help accommodate or channel
floodwaters.
4.
Controlling filling, grading, dredging and other development which
may increase flood damage.
5.
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Lands to which this section applies. This part shall apply to
all areas of special flood hazard within the jurisdiction of the Town
of Morristown.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The areas of special flood hazard are identified by the Federal
Insurance Administration in the most recently adopted scientific and
engineering report entitled, the "Flood Insurance Study for the Town
of Morristown," with accompanying Flood Insurance Rate Maps and Flood
Boundary–Floodway Maps. The Flood Insurance Study is on file
at the office of the Municipal Clerk, 110 South Street, Morristown,
New Jersey.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This part is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this part and other ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In the interpretation and application of this part, all provisions
shall be:
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The degree of flood protection required by this part 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 part does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free of flooding
or flood damages. This part shall not create liability on the part
of the Town of Morristown, or any officer or employee thereof, or
the Federal Insurance Administration for any flood damages that result
from reliance on this part or any administrative decision lawfully
made thereunder.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 30-502. Application for a development permit shall be made on forms furnished by the Planning Board as provided by Subsection 30-505.4 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.
The elevation in relation to mean sea level of the lowest floor,
including basement, of all structures.
b.
The 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 30-506.6.
d.
A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development
e.
A copy of the stream encroachment permit as issued by the New Jersey
Department of Environmental Protection.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Administration by Planning Board. The Planning Board is hereby appointed
to administer and implement this part by granting or denying development
permit applications in accordance with its provisions; provided, however,
that in cases where the Board of Adjustment has jurisdiction pursuant
to the Municipal Land Use Law, it shall administer and implement this
part.
b.
Duties and responsibilities. The duties of the Planning Board shall
include but not be limited to:
1.
Permit review. It shall:
(a)
Review all development permits to determine that the permit
requirements of this part have been satisfied.
(b)
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.
2.
Permitted or restricted floodway variance review. It shall review
all applications for permitted or restricted floodway variances requested
from the requirements of this part.
3.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with Subsection 30-502.2, Basis for establishing areas of flood hazard, the Planning Board 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 Subsection 30-504.2, Specific provisions, Paragraph a, Residential construction, and Subsection 30-504.2, Specific provisions, Paragraph b, Nonresidential construction.
4.
Information to be obtained and maintained. It shall:
(a)
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.
(c)
Maintain for public inspection all records pertaining to the
provisions of this part.
5.
Alteration of watercourses. It shall:
(a)
Notify adjacent communities and obtain the approval of the State
of 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.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
6.
Interpretation of FIRM boundaries. It 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).
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In all areas of special flood hazard, the following standards
are required:
a.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
b.
Construction materials and methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize and 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.
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 contains at least 50 lots or
five acres (whichever is less).
5.
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding shall be
designed to equalize automatically 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection 30-502.2, Basis for establishing areas of special flood hazard, or in Subsection 30-503b3, 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 one foot above the base flood elevation.
b.
Nonresidential construction.
1.
New construction and substantial improvement of any commercial, industrial
or nonresidential structure shall either have the lowest floor, including
basement, elevated one foot above the level of the base flood elevation
or, together with attendant utility and sanitary facilities, shall:
(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 Subsection 30-506.6.
2.
Floodways. Located within areas of special flood hazard established in § 30-502 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.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
For the purposes of this part, permitted uses are land uses within
delineated floodway areas which:
1.
Have an inherent low flood-damage potential.
2.
Do not require fill or the erection of structures.
3.
Do not require channel modification or relocation.
4.
Do not obstruct flows.
5.
Do not require equipment or material storage.
6.
Do not affect adversely the water-carrying capacity of any delineated
floodway and/or channel.
b.
Permitted uses include the following, to the extent that they are
not prohibited in the district where the property is located or by
any other local ordinance or state or federal statute, rule or regulation.
1.
Agriculture: general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming and
wild crop harvesting.
2.
Industrial-commercial: loading areas, parking areas and airport landing
strips.
3.
Private and public recreation: golf courses, tennis courts, basketball
courts, baseball fields, other playing fields, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing
areas and hiking, jogging, bicycle and horseback riding trails.
4.
Residential: lawns, parking areas and play areas.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
No person shall obtain a development permit to engage in permitted
uses within a delineated floodway area until he has received site
plan approval from the Planning Board or the Zoning Board of Adjustment,
depending on which Board has jurisdiction based on the provisions
of the New Jersey Municipal Land Use Law, of the Town of Morristown
pursuant to the procedure set forth below.
1.
The Planning Board or the Zoning Board of Adjustment, depending on
which Board has jurisdiction based on the provisions of the New Jersey
Municipal Land Use Law, shall approve a permitted use application
only if it finds that the proposed use:
(a)
Does not obstruct flood flows or increase flood heights and/or
velocities;
(b)
Does not affect adversely the water-carrying capacity of any
delineated floodway and/or channel;
(c)
Does not increase local runoff and erosion;
(d)
Does not unduly stress the natural environment of the floodplain
or degrade the quality of surface water or the quality and quantity
of groundwaters;
(e)
Does not require channel modifications or relocation;
(f)
Does not require fill or the erection of structures;
(g)
Does not include the storage of equipment and materials; and
(h)
The applicant has received a stream encroachment permit from
the New Jersey Department of Environmental Protection.
b.
The Planning Board shall maintain a record of all applications, including
technical information, and report any approvals to the Federal Insurance
Administration upon request.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Planning Board or the Zoning Board of Adjustment, depending
on which Board has jurisdiction based on the provisions of the New
Jersey Municipal Land Use Law, may impose such conditions on permitted
uses as it deems appropriate to promote the public safety, health
and welfare, to protect public and private property, wildlife and
fisheries and to preserve, protect and enhance the natural environment
of the floodway.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An applicant for a permitted use permit shall submit a written application on forms provided by the Planning Board at least 14 days prior to the regularly scheduled Planning Board meeting at which the applicant desires consideration of the application, together with 17 copies of a site plan, which shall be prepared in accordance with § 30-505 of this Code. In acting on floodway site plans, the Planning Board shall follow the usual site plan procedure and time limits pursuant to § 30-505 of this Code.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No person shall engage in a restricted use within a delineated
floodway area until he has received a restricted development permit
and site plan approval from the Planning Board and a stream encroachment
permit from the New Jersey Department of Environmental Protection.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The applicant shall notify the public and all property owners within 200 feet, the County Planning Board and all others usually entitled to notice of development applications pursuant to N.J.S.A. 40:55D-12 and additionally shall notify the governing bodies of all downstream municipalities within a five-mile radius of the property as to the application. Such notifications shall include the matters required for development applications pursuant to § 30-503 of this Code.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Planning Board, after public hearing, shall review the restricted
use permit application and all testimony or information received from
interested parties and the required environmental impact statement.
The Planning Board shall issue a restricted use permit only if it
finds that the proposed use:
a.
Has low flood damage potential.
b.
Either acting alone or in combination with existing or future uses,
does not obstruct flood flows or increase flood heights and/or velocities
unduly.
c.
Does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel.
d.
Does not increase local runoff and/or erosion.
e.
Does not stress unduly the natural environment of the floodway or
degrade the quality of surface water or the quality and quantity of
groundwaters.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In reviewing the permit application and arriving at findings,
the Planning Board shall consider the following criteria:
a.
The danger to life and property due to increased flood heights or
velocities caused by encroachments.
b.
The danger that materials may be swept onto other lands or downstream
to the injury of others.
c.
The proposed water supply and sanitation systems and the insulation
of these systems from disease, contamination and unsanitary conditions
resulting from flooding.
d.
The susceptibility of the proposed use to flood damage and the effect
of such damage.
e.
The availability of alternate locations not subject to flooding.
f.
The duration, rate of rise and sediment transport of floodwaters
expected at the site.
g.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
h.
The degree to which the proposed use provides facilities for the
proper handling of litter, trash, refuse and sanitary and industrial
wastes.
i.
The degree to which irreplaceable land types will be destroyed.
j.
The degree to which the natural, scenic and aesthetic values of the
proposed activity site can be retained.
k.
The availability to the applicant, at fair market cost, of contiguous
lands outside the flood hazard area.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
If the Planning Board finds that the proposed use would violate or
tend to violate the purposes and intent of these standards, the Planning
Board may deny the application, or it may approve the application
and impose such permit conditions as are necessary to promote the
public safety, health and welfare, to protect public and private property,
wildlife and fisheries and to preserve, protect and enhance the natural
environment of the floodway. These conditions may include, but are
not limited to, the following:
1.
Modification of waste disposal and water supply facilities.
2.
Imposition of operational controls, sureties and deed restrictions.
3.
Requirements for construction of channel modifications, dikes, levees,
and other protective measures.
4.
Installation of an adequate flood-warning system. Where the property
is to be used for residential purposes, the Planning Board may require
the applicant to post signs warning prospective purchasers that the
land is located in a floodway area.
b.
Where applicable, the Planning Board shall condition restricted use
permits as follows:
1.
Fill shall be no lower than one foot above the floodway design elevation
and shall extend at such height for a distance of at least 15 feet
beyond the limits of any structure erected thereon.
2.
Structures on fill shall be built so that the first floor and/or
basements are at a minimum of one foot above the floodway design elevation.
3.
Structures not placed on fill shall be otherwise elevated so that
the first floor is at a minimum of one foot above the floodway design
elevation or shall be floodproofed as set forth in Paragraph b4 below.
Floodproofing alone shall not be adequate for residences, hospitals,
nursing homes, schools, day-care centers and similar uses.
4.
Floodproofing measures shall be consistent with the flood-protection
elevation for the particular area, flood velocities, durations, rates
of rise, hydrostatic and hydrodynamic forces and other similar factors.
The municipality shall require the applicant to submit a plan or document
certified by a licensed professional engineer that the floodproofing
measures are consistent with the flood hazard way elevation and associated
flood factors. Any or all of the following floodproofing measures
may be required:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Installation of watertight doors, bulkheads and shutters or
similar devices.
(c)
Reinforced walls to resist water pressure.
(d)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(e)
Addition of weight to structures to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems in
a manner which prevents the entrance of floodwaters.
(h)
Pumping facilities or comparable measures for the subsurface
drainage systems of buildings to relieve external foundation wall
and basement flood pressures.
(i)
Construction that resists rupture or collapse caused by water
pressure or floating debris.
(j)
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewage
or stormwater into the structure. Gravity drainage of basements may
be eliminated by mechanical devices.
(k)
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure that they are
not subject to inundation and flooding.
5.
Storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic or hazardous materials shall be situated
above the floodway elevation and shall be floodproofed to prevent
flotation of storage containers or damage to storage containers which
would result in the escape of toxic materials into the floodwaters.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Structures which exist on or before the date of this part may be permitted to continue as nonconforming uses pursuant to § 30-835. No preexisting structure shall be altered, expanded, changed or enlarged unless a restricted use permit has been applied for and received. This provision does not apply to routine maintenance and repair, provided that such maintenance and repair do not increase the flood-damage potential of the structure. In considering such application, the Planning Board may grant exceptions to this part in the same manner and following the same procedures set forth in § 30-503 for site plans generally and may waive the requirement of the environmental impact statement pursuant to § 30-503.
b.
In addition to the requirements of § 30-835, uses of land or structures which existed on or before the effective date of local rules and regulations may only be permitted to continue provided that no such preexisting use of land or structures shall be modified so as to increase its flood-damage potential unless a restricted use permit has been applied for and received.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
No persons shall engage in or cause or permit other persons to engage
in prohibited uses within a delineated floodway area.
b.
Prohibited uses enumerated. The following uses shall be prohibited:
1.
Placing, depositing or dumping any solid waste, garbage, refuse,
trash, rubbish or debris.
2.
Dumping or discharging untreated domestic sewage or industrial waste,
either solid or liquid.
3.
The disposal of pesticides.
4.
All uses prohibited by the zoning regulations of the Town of Morristown
and all uses not permitted or restricted uses herein.
c.
Floodway variances.
1.
The Board having jurisdiction pursuant to this part may grant floodway
variances from the provisions of this part only 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 or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws and
ordinances.
2.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
3.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
4.
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 floor elevation.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Submission of site plans. All applicants for use permits pursuant
to this Part 5 shall submit a site plan, which shall include at least
the following data:
1.
All data required of site plans by other sections of this chapter.
2.
Proposed finished elevation at a contour interval of one foot.
3.
Proposed finished elevations of land at each foundation corner of
existing or proposed structures.
4.
A legend on the plat, in letters at least 1/2 inch high, indicating
that the premises are located in a floodway area.
b.
Public hearing. All action on use permit applications shall be taken
at public hearing on notice.
c.
Time limits. The Planning Board shall act on restricted use permit
applications within 95 days of the acceptance by the Planning Board
of the application as complete. Failure to act within 95 days shall
be deemed an approval of the application. Where a shorter time is
specified in the Municipal Land Use Law, the shorter time shall be
applicable.
