[Adopted 10-28-1986 by Ord.
No. 86:72 as Ch. XXII, Art. I, of the 1986 Code]
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:
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.
[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.
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.
ELEVATED BUILDING
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.
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 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 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, building codes, 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.
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.
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.
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.
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.
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.
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.
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]
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.
[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.
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.
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.