Township of East Hanover, NJ Flood Management

It is hereby found that the rivers, streams and watercourses in the Township of East Hanover are subject to recurrent flooding; that such flooding endangers life and damages public and private property and facilities; that this condition is aggravated by developments and encroachments in the floodplain; and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is, therefore, determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this article, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.

It is also hereby found that the Federal Insurance Administration has identified the areas having special flood hazards and has provided water surface elevations for the one-hundred-year base flood.

[Amended 8-27-1981 by Ord. No. 21-1981]

Purpose.

It is the purpose of this article to promote the public health, safety and general welfare of the community and to minimize public and private losses due to flood conditions in specific areas by the implementation of provisions designed to:

Protect human life and health.

Reduce public expenditures for costly flood control projects, emergency operations, evacuations and restorations.

Minimize prolonged business and public interruptions.

Prevent damage to public facilities and utilities, such as; water and gas mains, electric, telephone and sewer lines, streets and bridges located in the floodplains.

(e)

Prevent the installation of structures which increase flood heights.

(f)

Remove the impediment to community growth created by recurrent flooding.

(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 further inappropriate development in unprotected floodplains, thus reducing future expenditures for protective measures.

(i)

Ensure that potential buyers are notified that property is located in a flood area.

It is further stated that the purpose and intent of this article is also to preserve and perpetuate in an open and natural state certain lake, water areas and watercourses hereinafter described because their unique physical features are deemed desirable and functional and natural drainageways and water-retention areas, natural habitat for plant and animal life, green space and other uses beneficial to the health, safety and welfare of the community.

The regulations of this article are designed not only to preserve certain natural features as above stated, but also to protect the Township from costs incurred in compensation for problems created by unsuitable development. Erosion control, flood control, control of defoliation and protection of aquifer recharge areas are all legitimate concerns affecting the health and safety of the citizens of the Township of East Hanover and, as such, subject to control under this article.

The areas herein described contain valuable environmental qualities which, in order to conserve the municipality's natural resources, preserve the amenities of its environment, prevent the overcrowding of land, avoid undue concentration of population and alleviate severe flooding problems, have been determined to best be retained in substantially an undeveloped state.

Authority.

The Legislature of the State of New Jersey has delegated to local governmental units, under the authority of N.J.S.A. 40:48-1, the responsibility to adopt regulations designed to promote the public health, safety and general welfare of its citizens.

This Article is further authorized under the legislative purpose of the Municipal Land Use Law (N.J.S.A. 40:55D-l et seq.), which states that the intent and purpose of said Act is to encourage municipal action to guide the appropriate use or development of all lands in this state in a manner which will promote the public health, safety, morals and general welfare; to promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; and to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

The implementation of the purpose of this article is further authorized by N.J.S.A. 40:55D-65, which permits zoning ordinances to limit and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.

This article is further authorized under the provisions of N.J.S.A. 58:16A-62 as a more restrictive regulation of development and use of land in and around lake and water areas.

Furthermore, the Township of East Hanover has been charged by the Federal Government with the mandatory implementation of Flood Plain Management Requirements and Criteria as set forth in Part II of the Department of Housing and Urban Development Federal Register Rules and Regulations, Federal Insurance Administration, National Flood Insurance Program, Section 1910.1 et seq.

Scope. In order to accomplish the purposes set forth in Subsection B, this article employs the following methods:

Restrict or prohibit uses which are dangerous to health, safety and property due to water, erosion, flood heights or velocities.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

Control the alteration of natural floodplains, streams, channels, lakes, watercourses and natural protective barriers which are involved in the accumulation, accommodation and retention of floodwaters.

Control filling, grading, dredging and other development which may increase flood damage.

AREA OF SPECIAL FLOOD HAZARD

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

§ 95-85 Definitions and usage.

Usage. Unless specifically defined, words or phrases in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

Definitions. For the purpose of this article, certain terms are defined as follows:

APPEAL

A request for a review of the Township Engineer's interpretation of any provision of this article or a request for a variance.

[Amended 8-27-1981 by Ord. No. 21-1981]

APPLICANT

Any person, partnership, corporation or public agency requesting permission to engage in land disturbance activity, construction or development.

APPROVED PLAN

A plan to control surface water runoff which has been approved by the Planning Board of the Township of East Hanover.

The land in the floodplain within the community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

CHANNEL

The bed and banks of a river, stream, drainage ditch, watercourse or any other body of water which conveys the normally occurring flow.

CRITICAL AREA

Any area which should not be disturbed by uses incompatible with the paramount public interest in the management of surface water runoff and attendant environmental damage. Examples of critical impact areas include but are not limited to lakes, ponds, floodplains and flood hazard areas, designated stream corridors, steep slopes, highly erodible soils, swamps, marshes, bogs, watercourses, identified aquifer recharge and discharge areas and heavily wooded areas.

DEVELOPMENT

Any man-made change or disturbance 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 critical area or area of special flood hazard.

DRAINAGEWAY

Any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disburses surface water from land.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; and

The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD HAZARD AREA

The area of the floodplain that is subject to flood flow at lesser depths and lower velocities than occurs in the floodway and that is delineated on the flood map, as further defined herein, prepared by the Department of Housing and Urban Development, Federal Insurance Administrator, as "area having special flood hazards: Zones A-1 to A-10."

FLOOD LEVEL

The base flood elevation as indicated on the flood map. Elevations below "flood level" are subject to flooding.

FLOOD MAP

The official map and Flood Insurance Study as issued by the Federal Insurance Administration, Department of Housing and Urban Development, for the Township of East Hanover, including all accompanying maps, data, rules and regulations as dated and effective April 16, 1979.

FLOODPLAIN

That area composed of the channel, floodway and flood hazard area.

FLOODPROOFED

Watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

HABITABLE FLOOR

Any floor usable for living purposes, which includes working, sleeping, eating, cooking and recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this article,

REVIEWING AGENCY

The Planning Board of the Township of East Hanover is designated as the reviewing agency and shall grant or deny development applications in accordance with the provisions of this article.

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 sidewalks; nor does it include excavation for a basement, footings or foundations or the erection of temporary form; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as a dwelling unit or 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 piling or foundation.

STRUCTURE

A walled and roofed building that is principally above aground.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure or property, the cost of which equals or exceeds 50% of the value of the property or 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 purposes 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 that alteration affects the external dimensions of the structure. The term does not, however, include either any project for the improvement of a structure to comply with existing state and local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE

A grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited where specific enforcement would result in unnecessary hardship.

WATERCOURSE

All rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water, natural or artificial, public or private, which are contained within, flow through or border on the Township of East Hanover or any portion thereof.

§ 95-86 General provisions.

Applicability. This Article shall apply to all areas of special flood hazard, as herein defined, within the jurisdiction of the Township of East Hanover.

Adoption of Official Flood Map. The map entitled "United States Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Map H-01, Flood Insurance Rate Map I-01, Flood Boundary and Floodway May OIF, Map Index, Township of East Hanover, New Jersey, Morris County, Community No. 340341, Initial Identification Date August 31, 1973, effective date April 16, 1979," and any subsequent revision thereto, is hereby adopted and declared to be the Official Flood Map of the Township of East Hanover.

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article, the Zoning Ordinance of the Township of East Hanover, the Subdivision and Site Plan Application Procedure Ordinance and all other applicable ordinances and regulations of the Township of East Hanover.[1]

Editor's Note: See Article VI, Subdivision and Site Plan Review, and Article VII, Zoning.

Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this article, all provisions shall be:

Considered as minimum requirements.

Liberally construed in favor of the governing body.

Deemed neither to limit nor repeal any other powers granted under state statutes or federal law.

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 of East Hanover or of any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

§ 95-87 Administration.

Designation of reviewing authority. The Planning Board is hereby designated to administer and implement this article by granting or denying development applications and site plan approval in accordance with the provisions contained herein.

Site plan approval.

No development shall hereafter take place or be erected, enlarged or expanded in any flood area unless a site plan shall have been submitted to the Planning Board for its review and approval. Said plan shall be referred to the appropriate Township agencies by the Planning Board for review and comment.

Application shall be made on forms furnished by the Planning Board, which 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.

Said site plan shall, in addition to the information required under the Site Plan Ordinance of the Township of East Hanover,[1] show the following information:

The existing and proposed contours at a contour interval of two feet.

Elevation in relation to mean sea level of the lowest proposed area, including basement, within any proposed structure after its completion.

The proposed elevations of the lands involved at the corners of the foundation of any structure or structures.

The elevation in relation to mean sea level to which any nonresidential structure has been floodproofed.

(e)

Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria contained in § 95-88 and after the structure is built, a certification by a registered professional engineer or architect that the structure, as built, meets the criteria of § 95-88.

(f)

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(g)

The layout of existing and proposed public streets and the nature, extent and location of existing and proposed utilities servicing and to service the premises in question.

(h)

The elevation of any existing or proposed pumping facilities and overflow elevations of vents or entranceways, if underground; overflow elevations of sewage treatment plant units.

(i)

The nature and extent of the construction, alterations or repairs.

(j)

Proof of encroachment lines obtained from the New Jersey Department of Environmental Protection, if applicable.

(k)

The extent of filling of the land, if any.

(l)

Surrounding structures within a two-hundred-foot radius.

(m)

Grading in accordance with the recommendations set forth in Data Sheets 72 and 73 of Land Planning Bulletin No. 3, Neighborhood Standards for Northern New Jersey, as issued by the Federal Housing Administration.

Editor's Note: See Article VI of this chapter.

Duties of Planning Board in implementing site plan standards.

In reviewing any proposed development within a flood area, the Planning Board shall not approve a site plan unless it is reasonably assured that:

Any structure can be occupied without peril to the health or safety of the occupant.

Any structure will not impede the flow of surface waters through any river, stream or other watercourse, natural or artificial.

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow and placed approximately on the same flood flow lines as those of adjoining structures.

The site plan takes into account floodplain management programs, if any, already in effect in neighboring areas.

The duties of the Planning Board shall include but not be limited to the following:

Application and site plan review.

Review all development and site plan applications to determine that the requirements of this article have been satisfied. In the case of all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, the Planning Board shall require that included in such proposals shall be base flood elevation data.

[2]

Review all applications and determine or require that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

[3]

Review all applications to determine if such proposed development is to be located in the floodway.

Use of other base flood data. When base flood elevation data has not been provided in accordance with § 95-86B, then the Township Engineer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer the provisions of this article.

Information to be obtained and maintained.

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 structures.

[2]

For all new or substantially improved floodproofed structures.

[a]

Verify and record actual elevation in relation to mean sea level, and

[b]

Maintain the floodproofing certification required by this section.

[3]

Maintain for public inspection all records pertaining to the provisions of this article.

Alteration of watercourses. Notify adjacent communities and New Jersey State Coordinating Agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

§ 95-88 Construction standards.

The Planning Board shall also determine, with the advice and assistance of the Township Engineer, Construction Official and other competent authority, that:

Proposed construction, repairs or alterations shall use construction materials and utility equipment that are resistant to flood damage, such as anchoring to prevent flotation, collapse or lateral movement.

Construction methods and practices are used that will resist rupture or collapse from water pressure and minimize flood damage.

Proposed utilities and facilities such as water, sewer and electrical systems are located, elevated and constructed to minimize or eliminate flood damage. These shall include nonwatertight manholes with vents, raised vents, flap valves, etc. Such facilities shall be constructed with overflow elevations two feet above the flood level.

Drainage is provided to reduce exposure to flood hazards.

New or replacement water systems and sanitary sewage systems are designed and located to prevent infiltration, leakage, impairment or contamination during flooding.

Watertight doors are installed.

Paints, membranes or mortars are used to reduce seepage of water through walls.

Backfill is of soils with natural low permeability or of soils treated to minimize permeability.

Eight inches of compacted granular fill are used beneath ground floor, said fill material to be daylighted in order to act as a French drain.

No buried fuel oil tanks shall be permitted unless properly anchored and vented, with the vent two feet above the flood level. In addition, the fill pipe shall also be two feet above the flood level.

All mechanical devices and equipment subject to water damage, including furnaces and electrical distribution centers, are located at least two feet above the flood level.

§ 95-89 Specific requirements in the floodplain.

Channel. Within the channel of a river, stream or watercourse, no building or structure and no landfill or excavation operations are permitted, except by a public authority in connection with stream improvement or stabilization, without the specific approval of the State Department of Environmental Protection and the Township Planning Board.

Floodway. No building or structure shall be erected or moved or externally altered or added to or enlarged, nor shall any material or equipment be stored, nor shall any fill be placed, nor shall elevations of any land be substantially changed in the floodway, except by specific approval of the State Department of Environmental Protection and the Township Planning Board. The accepted practices of soil husbandry, the harvesting of crops in connection with farming and recreational uses in the nature of parks, playgrounds, golf courses, boat landings, docks and picnic grounds shall be permitted in accordance with a permit provided by this article, provided such activities or development shall not cause any increased flood heights.

Flood hazard area.

Within any defined flood hazard area (that portion of the floodplain lying outside of the floodway), no building or structure shall be erected or moved or externally altered, added to or enlarged except in accordance with all applicable ordinances of the Township, and provided that:

The lowest habitable floor elevation is two feet above the level of the flood hazard elevations shown on the Flood Map.

Each main building or structure shall have or be provided with a building site or yard that is not lower than the established high-water elevation plus one foot and extends outside the building walls at least five feet. The finished grade or surface of this yard shall be sloped to drain away from the walls for a distance of at least five feet.

No cellar may be constructed in any flood hazard area.

All utilities, structures and buildings shall be floodproofed at least two feet above flood level elevations shown on the Flood Map.

In cases of doubt or uncertainty as to the exact limit of the floodway, flood hazard area or floodplain, the Planning Board may require additional information from competent authority. Such additional information may consist of visual inspections, flood records, field surveys and personal observation.

§ 95-90 Variance procedure.

Appeal Board.

The Planning Board, as established by the Township of East Hanover, shall hear and decide appeals and requests for variances from the requirements of this article.

The Planning Board shall bear and decide appeals when it is alleged that there is an error in any requirement or in the interpretation or administration of this article.

[Amended 8-27-1981 by Ord. No. 21-1981]

Prior to the Planning Board action on a request for a variance or any appeal set forth hereunder, the Planning Board shall require and review the report of the Township Engineer on the application before it.

[Added 8-27-1981 by Ord. No. 21-1981]

Any person aggrieved by the decision of the Planning Board or any taxpayer may appeal such decision to the Superior Court of the State of New Jersey, as provided by law.

Factors for consideration.

In passing upon such applications, the Planning Board shall consider all technical evaluations, factors, standards specified in other sections of this article and:

The danger that materials may be swept onto other lands to the injury of others.

[2]

The danger to life and property due to flooding or erosion damage.

[3]

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

[4]

The importance of the services provided by the proposed facility to the community.

[5]

The necessity to the facility of a waterfront location, where applicable.

[6]

The availability of alternative locations not subject to flooding or erosion damage for the proposed use.

[7]

The compatibility of the proposed use with existing and anticipated development.

[8]

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles.

[10]

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

[11]

The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items [1] through [11] in Subsection A(5)(a) above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(6)

Upon consideration of the factors listed above and the purposes of this article, the Planning Board may attach such conditions to the granting of variances as it deemed necessary to further the purposes of this article.

(7)

The Planning Board shall maintain the records of all appeal actions. The Planning Board shall maintain a record of all variance actions, including justification for their issuance, and report any variances to the Federal Insurance Administration upon request.

Conditions for variances.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances should only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

A determination that the granting of a variance will not result in increased flood heights or 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 or ordinances.