Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 124.
Land use, subdivisions and site plans — See Ch. 225.
Zoning — See Ch. 430.
[Adopted 10-28-1986 by Ord. No. 86:72 as Ch. XXII, Art. I, of the 1986 Code]

§ 175-1 Statement of purpose.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions by enacting provisions designed to:
A. 
Protect human life;
B. 
Protect public health and promote public safety and welfare;
C. 
Minimize expenditure of public money for costly flood control projects;
D. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
E. 
Minimize damage to private property due to inundation and siltation caused by floodwaters and storm runoff;
F. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
G. 
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas;
H. 
Prevent installation of structures and restrict land uses which cause increases in flood heights and/or velocities, erosion and siltation;
I. 
Prevent increase in volume and rate of runoff due to development;
J. 
Preserve, protect and enhance the natural environment of the floodplains.

§ 175-2 Definitions.

[Amended by Ord. No. 87:20]
As used in this article, the following terms shall have the meanings indicated:
ACT
N.J.S.A. 58:16A-50 et seq.
ADMINISTRATOR
The Federal Insurance Administrator, delegated the administrator of the program (34 FR 2680-81, February 21, 1969, as amended 39 FR 2787, January 24, 1974).
APPLICATION
Department application form No. FH-1 for a floodway permit.
APPURTENANT STRUCTURE
A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOODS
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEYOND REPAIR
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 before the damage occurred if the structure has been damaged and is being restored. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural parts of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
A. 
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
B. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
BREAKAWAY WALL
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.
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
COMMISSIONER
The Commissioner of the New Jersey Department of Environmental Protection.
COUNCIL
The Water Policy and Supply Council in the Division of Water Resources, State of New Jersey.
COUNTY PLANNING BOARD
The Morris County Planning Board as defined and provided under N.J.S.A. 40:27-1 et seq.
DELINEATED FLOODWAY
Any floodway designated by the Council under the provisions of the Act.
DEPARTMENT
The State of New Jersey Department of Environmental Protection.
DEVELOPMENT
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.
DIRECTOR
The Director of the Flood Management Program for the Township, who shall be the Township Engineer.
DIVISION
The Division of Water Resources in the Department of Environmental Protection of the State of New Jersey.
A. 
A nonbasement building:
(1) 
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 pilings, columns (posts and piers) or shear walls parallel to the flow of the water; and
(2) 
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.
B. 
In an area of special flood hazard "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
C. 
In areas of coastal high hazard "elevated building" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
ENCROACHMENT
Any obstruction within a delineated floodway.
ENVIRONMENTAL COMMISSION
A unit of municipal government authorized under N.J.S.A. 40:56A-1 et seq.
EROSION
Detachment and movement of soil and rock fragments by water, wind, ice or gravity.
EXCAVATION
Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from water, land surfaces, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavations.
FILL
Sand, gravel, earth or other materials placed or deposited within the flood hazard area so as to form an embankment or raise the elevation of the land surface.
FLOOD DAMAGE POTENTIAL
The susceptibility of a flood hazard area use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodway use.
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards.
FLOOD FRINGE
That portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREA
The floodway and any additional portions of the floodplain, as determined by the Council under the provisions of the Act.
FLOOD HAZARD DESIGN ELEVATION
The flood elevation determined by the Council to be reasonably expected at a location.
FLOOD INSURANCE
The insurance coverage provided under the program.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as flood boundary floodway maps and the water surface elevations of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland tidal waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
C. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning and subdivision regulations,[1] building codes,[2] health regulations, special purpose regulations (such as this article and Chapter 350, Soil Removal and Relocation) 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.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other water course in 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.
FLOODWAY ENCROACHMENT LINES
The lines marking the limits of floodways on federal, state and local floodplain maps.
FREEBOARD
A factor of safety, usually expressed in feet, above a flood level for purposes of floodplain management.
GROUNDWATER
That water, beneath the land surface, which is below the water table.
HAZARDOUS MATERIALS
Includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.
IMPROVED PARKING AREA
An area for the location of motor vehicles which has been modified from its natural condition of excavation, fill or structures.
LIQUID WASTES
Any substance to be disposed of which is either in liquid form or is carried by liquids.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Section 60.3 of the National Flood Insurance Program.
MAP
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community, issued by the Federal Insurance Administration.
MEAN SEA LEVEL
The average height of the sea for all stages of the tide.
MOTOR VEHICLE
Any vehicle propelled otherwise than by muscular power, excepting such vehicle as runs only upon rails or tracks.
MUNICIPALITY
Includes but is not limited to the governing body of any village, town, township, borough, municipality, municipal corporation or other body established by New Jersey law.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this ordinance.
[3]
NONREGULATED USE
Any floodway or flood-fringe use which may be engaged in without a regulated use permit from the Department for a floodway and from the municipality for a flood-fringe area. A determination of nonregulated use shall be made by the Director.
OBSTRUCTION
Includes but is not limited to any structure, excavation, fill, or other material placed in, along, across, or projecting into any channel, watercourse or floodway or flood-fringe area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow or water might carry the same downstream to the damage of life or property.
PERSON
Corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, the state, and all political subdivisions of the state or any agencies or instrumentalities thereof.
PESTICIDE
Any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.
PLANNING BOARD
The municipal Planning Board as defined and provided for under the laws of the State of New Jersey.
PROHIBITED USE
Any floodway use which shall not be allowed under any circumstances.
RADIOACTIVE MATERIAL
Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RATE OF LOCAL RUNOFF
The speed with which a given quantity of water will move across the land surface at the site of the proposed use under the influence of gravity.
REGULATED USE
Any flood-fringe use which requires a regulated use permit from the Township.
REGULATORY FLOODWAY
The channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flow without cumulatively increasing the water surface elevation more than a designated height.
SEDIMENTATION
The transport and depositing of solid material by water.
SOIL CONSERVATION DISTRICT
The political subdivision of the State of New Jersey authorized under N.J.S.A. 4:24-2 et seq.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
START OF CONSTRUCTION
The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation.
START OF CONSTRUCTION [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 the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start shall mean 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.
STATE
The State of New Jersey.
STATE COORDINATING AGENCY
The Bureau of Water Control, Department of Environmental Protection, Trenton, New Jersey.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department under the provisions of N.J.S.A. 58:16A-50.
[Amended 12-20-2005 by Ord. No. 2005:31]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. Also, "structure" shall mean any assembly of materials above or below the surface of land or water, including but not limited to buildings, fences, dams, fills, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges, and the facilities of any utility or governmental agency. Trees or other vegetation shall not be considered to be structures if planted in the flood fringe.
SUBSTANTIAL IMPROVEMENT
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 purpose 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 the alteration affects the external dimensions of the structure. The term does not, however, include either:
A. 
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
B. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SURFACE WATER
Water on the land surface.
WAIVER
A grant of relief by a community from the terms of a floodplain management regulation.
WATER-CARRYING CAPACITY
The ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATER SURFACE ELEVATION
The projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplain of coastal or riverine areas.
[1]
Editor's Note: See Ch. 430, Zoning, and Ch. 225, Land Use, Subdivisions and Site Plans.
[2]
Editor's Note: See Ch. 124, Construction Codes, Uniform.
[3]
Editor's Note: See Ord. No. 85:70, adopted 12-10-1985.

§ 175-3 General provisions.

A. 
Lands to which this article applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the Township.
B. 
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration Flood Insurance Study of Parsippany-Troy Hills Township dated August 19, 1985, the Flood Insurance Rate Map dated February 19, 1986, and any revision thereto, are adopted by reference and declared to be a part of this article. The Flood Insurance Rate Map shall become effective on February 19, 1986.
C. 
Compliance. No structure or land shall hereafter be located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations.
D. 
Restrictions. This article is not intended to repeal, abrogate, or impair any existing ordinances, and whichever imposes the more stringent restrictions shall prevail.
E. 
Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Liberally construed in favor of the Township.
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
F. 
Warning and disclaimer of liability. The degree of flood protection required by this article 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 article does not imply land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Township or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

§ 175-4 Administration.

A. 
Designation of the Township Engineer. The Township Engineer is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
B. 
Establishment of development permit. A development permit shall be required in conformance with the provisions of this article. Application for a development permit shall be made to the Township Engineer on forms furnished by him and may include, but not be limited to, the following 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 as well as the following:
(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 nonresidential structure has been floodproofed.
(3) 
Certification by a registered professional engineer or architect that any nonresidential floodproofed structure meets the floodproofing criteria in § 175-5B.
(4) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
C. 
Duties and responsibilities of the local director. Duties of the Township Engineer shall include, but not be limited to:
(1) 
Review all development permits, including, but not limited to, building permits, variances and Planning Board applications to determine that the permit requirements of this article have been satisfied and that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(2) 
Review all development permits to determine if proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this article "adversely affects" shall mean damage of adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.
(a) 
If it is determined that there is no adverse effect and the development is not a structure, then the permit may be granted without further consideration. In making that determination a technical justification may be required. See § 175-4C(2)(b) below.
(b) 
If it is determined that there is an adverse effect, then technical justification (i. e., a registered professional engineer) for the proposed development shall be required.
(c) 
If the proposed development is a building, then the applicable provisions of this article shall apply.
(3) 
Review all development permits to determine if the proposed development is located in a floodway. If located in a floodway, assure that the encroachment provisions of § 175-5G are met.
(4) 
The Director shall make a determination that an application for development within the flood-fringe area shall be classified into three main categories (see specific standards for clarification):
(a) 
Prohibited uses.
(b) 
Nonregulated uses.
(c) 
Regulated uses.
D. 
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 175-3B, Basis for establishing the areas of special flood hazard, then the Township Engineer 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 § 175-5F(1), Residential construction, and § 175-5F(2), Nonresidential construction.
[Amended by Ord. No. 87:20]
E. 
Information to be obtained and maintained and general responsibilities of the Director:
(1) 
Verify and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved residential structures.
(2) 
For all new or substantially improved nonresidential floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in § 175-4B(3).
(3) 
Maintain for public inspection all records pertaining to the provisions of this article.
(4) 
Notify the New Jersey Department of Environmental Protection and the affected communities prior to any alterations or relocations of the watercourse.
(5) 
Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished for a period of two years. A maintenance bond shall be provided for the above.
(6) 
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 the mapped boundary and actual field conditions).
F. 
Flood zone certificates. The Township Engineer is authorized to issue flood zone certificates to any persons who shall apply for same, and the fee to be charged by the Township Engineer for a certificate is $15 for each certificate.

§ 175-5 Provisions for flood hazard reduction.

A. 
General standards. This section shall apply to all areas of flood hazards below the flood hazard elevation.
B. 
Anchoring. All new construction and substantial improvements below the flood hazard elevation shall be anchored to prevent flotation, collapse or lateral movement of the structure.
C. 
Construction material and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
(2) 
All new construction or substantial improvements shall be constructed by methods and practice that minimize flood damage.
D. 
Utilities.
[Amended by Ord. No. 87:20]
(1) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are to be located and constructed to minimize or eliminate flood damage.
(2) 
Within flood-prone areas new and replacement water supply systems are to be designed to minimize or eliminate infiltration of floodwaters into the systems.
(3) 
New and replacement sanitary sewage systems are to be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into the floodwaters, and on-site waste disposal systems are to 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.
E. 
Subdivision proposals.
[Amended by Ord. No. 87:20]
(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.
(5) 
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) 
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.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
F. 
Specific standards. In all areas of flood hazards where base flood elevation data has been provided, the following provisions are required:
[Amended by Ord. No. 87:20]
(1) 
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above base flood elevation as shown on the flood hazard maps.
(2) 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection.
G. 
Floodways. Located within areas of special flood hazard established in § 175-3B 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:
(1) 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) 
If Subsection G(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 175-5, Provisions for flood hazard reduction.
H. 
Prohibited uses.
(1) 
No person shall engage in or cause other persons to engage in any use within the regulatory floodway without Department approval.
(2) 
No person shall engage in or cause other persons to engage in prohibited uses as defined below within a regulated flood-fringe area.
(3) 
This article shall prohibit the following uses, except as permitted as a lawful preexisting use:
(a) 
Placing, depositing, or dumping any solid waste or liquid waste.
(b) 
The dumping, disposal or discharge (except as authorized under provisions of law) of pesticides, domestic and industrial wastes, radioactive materials, petroleum products, or other hazardous materials.
I. 
Nonregulated uses.
(1) 
For purposes of this subsection, nonregulated uses are lands within flood-fringe areas which:
(a) 
Are not prohibited under § 175-5G; and
(b) 
Have an inherent low flood damage potential; and
(c) 
Do not obstruct flows in the floodway; and
(d) 
Do not require modification or relocation of the channel; and
(e) 
Do not increase significantly the local rate of runoff and/or erosion and sedimentation; and
(f) 
Are undertaken with full on-site flood damage risks accepted by the owner or his assigns.
(2) 
This article shall require that nonregulated uses must satisfy the conditions of § 175-5H(2) and shall include:
(a) 
Residential/commercial: residential and commercial improvement activities, such as lawns, gardens, landscaping, fences, garages, dog houses and additions of no more than 200 square feet and open porches or decks or garages or sheds certified by a professional engineer or architect that they are properly anchored to resist hydrodynamic or hydrostatic forces.
(b) 
Private and public recreation: playing fields, picnic grounds, swimming areas, parks, wildlife and nature preserves, game farms, hunting and fishing areas, shooting preserves, hiking and horseback riding trails, tennis courts, basketball courts, driving ranges, archery ranges, target ranges, trap and skeet ranges and fish hatcheries and accessory structures of not more than 200 square feet which are certified by a registered professional engineer or architect to be properly anchored to resist hydrostatic or hydrodynamic forces.
(c) 
Agriculture: general cultivation, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. Fences associated with these agricultural uses are nonregulated.
J. 
Regulated uses. For the purposes of this subsection, regulated uses are land uses within flood-fringe areas which are not prohibited under § 175-5G, do not qualify as nonregulated uses under § 175-5H, and which involve one or more of the following:
(1) 
Structures (both temporary and permanent).
(2) 
Fill.
(3) 
Excavation.
(4) 
Channel modification or relocation, including but not limited to golf courses; improved parking areas; utilities and transportation facilities such as railroads, streets, highways, bridges, pipelines, and transmission lines; retaining walls, dams, bulkheads and dikes.
K. 
Procedure. The Director will be responsible for processing all applications and issuing all permits, and the procedures therefor, in accordance with the standards of this subsection.
(1) 
No person shall engage in a regulated use within a regulated flood-fringe area until he has received a regulated use permit from the Director.
(2) 
A person proposing to engage in a regulated use shall apply to the Director for a regulated use permit.
(3) 
The Director shall provide standard forms and procedures for all applications and will furnish each applicant with a docket number to identify his proposal. This docket number shall be clearly marked on all correspondence and submissions related to the application. The Director may request the applicant to submit additional information as required to review the proposed project, and the application shall not be declared complete until the additional information is received. The Director shall not be unreasonable or arbitrary in his requests for additional information before declaring the application complete.
(4) 
The applicant shall give notice that he has applied for a regulated use permit for the flood fringe to the following. Such notification shall include the name and address of the applicant, location of the proposed use, and an abbreviated description of the use.
(a) 
The local Planning Board;
(b) 
Adjacent property owners within 200 feet;
(c) 
The Township's Conservation Committee;
(d) 
The Division;
(e) 
The affected Soil Conservation Districts;
(f) 
Each affected County Planning Board; and
(g) 
The governing bodies, Environmental Commissioners and Planning Boards of other municipalities which may be affected by the proposed use.
(5) 
The Director shall make a formal declaration of completeness of the application and shall so notify the applicant and the persons and agencies set forth above within four working days of the declaration. The applicant shall give public notice of the time, place and date of the meeting at which the application will be formally presented.
(6) 
The applicant will complete at least two copies of the application and submit any additional information required by the Director for review. The applicant shall also file sufficient copies of the application as directed in order to give notice to the public and for review purposes.
(7) 
The applicant shall give public notice as specified by the Director's regulations to enable a review of the complete application, and the applicant shall submit proof of such notice to the Director at the public hearing. With the exception of single-family residences and additions to residences, the applicant shall, at its own cost, supply a court reporter at the public hearing and provide the Director with two copies of the transcript.
(8) 
The Director may issue a regulated use permit only if he finds that the proposed use:
(a) 
Has low flood damage potential; and
(b) 
Does not obstruct flood flows in the floodway; and
(c) 
Does not increase significantly the rate of local runoff, erosion or sedimentation; and
(d) 
Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters; and
(e) 
Does not stress unduly the environment of the floodplain.
(9) 
In reviewing the regulated use permit application and arriving at findings, the Director shall consider all of 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 effects of such damage.
(e) 
The duration, rate of rise, and sediment transport of floodwaters expected at the site.
(f) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(g) 
The availability of alternate locations within the applicant's property not subject to flooding.
(h) 
Whether the proposed use would provide adequate facilities for the proper handling of litter, trash, refuse, and sanitary and industrial wastes.
(i) 
The degree to which people, animals, and property would be evacuated in the expected time available after flood warning.
(j) 
The degree to which the proposed use would serve the general public's health, safety, and welfare.
(k) 
The degree to which any aspect of food chain or plant, animal, fish, or human life processes would be affected adversely within or beyond the proposed use area.
(l) 
The degree to which archaeological or historic sites and structures, endangered or rare species of animals or plants, high-quality wildlife habitats, scarce vegetation types, and other irreplaceable land types would be degraded or destroyed.
(m) 
The degree to which the natural, scenic, and aesthetic values at the proposed activity site could be retained.
(10) 
The Director shall issue a regulated use permit for the development of an improved parking area where the use is proposed to be located at an elevation equal to or greater than 173.5 feet above mean sea level.
L. 
Permit conditions.
(1) 
The Director may issue a regulated use permit, may deny the permit, or may issue a permit with conditions necessary to minimize flood losses and damages to public and private property, to safeguard the public from materials being swept onto nearby or downstream lands, to protect and enhance the public's health by minimizing the degradation of stream water quality from point and non-point pollution sources, and to protect wildlife and fisheries by preserving and enhancing the environment of the floodplains. These conditions may include, but are not limited to, the following:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Imposition of operational controls, sureties, and deed restrictions.
(c) 
Requirement for construction of dikes, levees and other protective measures.
(d) 
Installation of an adequate flood warning system on the project site.
(2) 
Where applicable, the Director shall condition regulated use permits as follows:
(a) 
Fill.
[1] 
The Director shall make a determination of the height and extent of the fill.
[2] 
Fill shall be obtained from the flood-fringe area of Parsippany-Troy Hills but preferably from the site. Fill can be obtained from other sites but preferably in the same flood basin if the applicant can prove a hardship. The Director will consider hardship applications on a case-by-case basis.
[3] 
The excavation site must be drainable. (Creation of a pond is not allowed.)
[4] 
Structures on fill shall be built so that the first floor and/or basements are at a minimum of one foot above the flood hazard design elevation.
[5] 
Structures not placed on fill shall be otherwise elevated so that the first floor is a minimum of one foot above the flood hazard design elevation or shall be floodproofed as set forth hereinafter in Subsection L(2)(b) below. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers, and similar uses. As an alternative, structures not for occupancy by humans or animals may be protected by embankments or dikes of suitable design in the flood-fringe area.
(b) 
Floodproofing. Floodproofing measures shall be consistent with the flood protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces, probable evacuation time available after flood warning, and other similar factors. The Township shall require the applicant to submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the flood hazard design elevation associated flood factors.
[1] 
Installation of watertight doors, bulkheads, and shutters, or similar devices.
[2] 
Reinforced walls to resist water pressures.
[3] 
Use of paints, membranes, or mortars to reduce seepage of water through walls.
[4] 
Addition of weight to structures to resist flotation.
[5] 
Installation of pumps to lower water levels in structures.
[6] 
Construction of water supply and waste treatment systems in a manner which prevents the entrance of floodwaters.
[7] 
Pumping facilities, or comparable measures, for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
[8] 
Construction that resists rupture or collapse caused by water pressure or floating debris.
[9] 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
[10] 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
[11] 
Adequate emergency electrical power supplies.
(c) 
Storage and processing facilities. Chemicals, explosives, buoyant materials, flammable liquids, petroleum products, or other hazardous materials shall be situated above the flood hazard design elevation or shall be protected by suitable dikes or embankments. Furthermore, these facilities shall be designed, constructed and operated in a manner to prevent flotation of storage containers which would result in the escape of hazardous materials into the floodwaters.
(d) 
State and/or federal regulations. In any case, conformance must be made with the latest state and/or federal regulations, whichever is the most stringent.
(3) 
Regulated use permits may be revoked for any violation of the flood-fringe area regulations or for the violation of any permit conditions.
(4) 
Fees. Application fees shall be charged as follows:
(a) 
Single-family residential structure or addition: $10.
(b) 
All others: $200.
M. 
Notification of decision.
(1) 
The Director shall not decide on an application until the interested parties have had an opportunity to submit comments on the application.
(2) 
The Director shall notify the applicant in writing as to the granting, conditioning or denying of a regulated use permit. The reason for the decision shall be stated in writing as part of this notification.
(3) 
At the same time that notification is provided to the applicant, a copy of the same notification shall be provided to each party who submitted comments on the application.
N. 
Preexisting structures and uses. This article requires that:
(1) 
Structures which lawfully existed on or before the effective date of the regulations are permitted to remain subject to the following conditions:
(a) 
Maintenance and repair of preexisting structures are permitted and do not require a regulated use permit.
(b) 
No preexisting structure shall be enlarged greater than 200 square feet without a regulated use permit being granted.
(c) 
If a preexisting structure is damaged by any means, including floods, it may be repaired or restored to its condition prior to such damage. If such a structure is destroyed beyond repair, it shall not be reconstructed unless a regulated use permit has been granted.
(2) 
In the event of a "start of construction" on or before the effective date of the regulations, then the structure may be completed without a regulated use permit.
(3) 
Uses of land or structure which lawfully existed immediately before the effective date of the regulations are permitted to continue subject to the following:
(a) 
No preexisting use shall be expanded or enlarged greater than 200 square feet unless a regulated use permit has been granted.
(b) 
No preexisting use shall be modified so as to increase its flood damage potential, unless a regulated use permit has been applied for and received.
(c) 
Sanitary landfills are prohibited from expanding horizontally. They may be permitted, however, to expand vertically if they comply with all other applicable provisions of law and if their flood hazard potential is not increased.
O. 
Maintenance and repair.
(1) 
Maintenance and repair of a structure are permitted and shall not require additional regulated use permits. Maintenance, repair, and replacement shall comply with the terms of the original permit.
(2) 
If a structure for which a regulated use permit has been granted is destroyed by floods and is beyond repair, the structure shall not be reconstructed unless a new regulated use permit has been applied for and received. If the structure is destroyed by any means other than floods, it may be reconstructed without applying for an additional regulated use permit. Reconstruction shall comply with the terms of the original permit.
P. 
Supplemental flood hazard area delineations. If the Township determines that lands within its jurisdiction, in addition to those delineated by the Council, should be included within the flood hazard area because improper development and use of these lands would constitute a threat to the public safety, health, and welfare, the municipality may present its delineation to the Council, with documentation as may be required by the Council, for consideration and possible adoption.

§ 175-6 Effect on other statutes, rules and regulations.

The powers, duties, and functions vested in the municipality under the provisions of the Act or these standards shall not be construed to limit in any manner the powers, duties, and functions vested therein under any other provisions of law.

§ 175-7 Violations and penalties; injunctions.

For violation of any provision of this article, the maximum penalty, upon conviction, shall be as set forth in Chapter 1, § 1-17.
[Adopted by Ord. No. 92:16]

§ 175-8 Prohibitions.

No person shall attempt to operate, close or open the flood gates at the Lake Hiawatha Flood Project except after notification to the Director of the Department of Public Works or his authorized and designated representative.

§ 175-9 Violations and penalties.

[Amended 12-20-2005 by Ord. No. 2005:31]
Any person violating § 175-8 of this article shall be subject to any penalties imposed pursuant to § 1-17 of the Code, as well as reimbursement to the Township for any damage done to the flood gates.

§ 175-10 Season when flood gates remain open.

Between April 15 and October 1 of each year, the flood gates shall remain open at all times, except when, in the opinion of the Director of the Department of Public Works or his authorized and designated representative, there is a need to close same because of possible flooding.

§ 175-11 Season when flood gates remain closed; exception.

After the Lake Hiawatha Swim Club has been closed and secured for the winter season, the gates shall remain closed, except that the gate or gates will be opened for the convenience of the Lake Hiawatha Swim Club upon notification to the Director of the Department of Public Works; and thereafter, the gates shall be closed and secured by whomever opened same.