[Ord. No. 6-18-74 § 45-1]
It is hereby found that the flood hazard areas of the Township
are subject to periodic inundation which results in loss of life,
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare of the citizens of the
Township. It is further found that these flood losses are caused by
the cumulative effect of obstructions in floodplains causing increases
in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which
are inadequately elevated, floodproofed, or otherwise protected from
flood damages. It is the purpose of this chapter to promote the public
health, safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions designed
to protect human life and health; minimize expenditure of public money
for costly flood control projects; minimize the need for rescue and
relief efforts associated with flooding and generally undertaken at
the expense of the general public; minimize prolonged business interruptions;
minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains; 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; and insure that potential
home buyers are notified that property is in a flood area. In order
to accomplish its purposes, this chapter restricts or prohibits uses
which are dangerous to health, safety and property due to water or
erosion or in flood heights or volocities; requires that uses vulnerable
to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction; controls
the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood
waters; controls filling, grading, dredging and other development
which may increase flood damage; and prevents or regulates the construction
of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards to other lands.
[Ord. No. 6-18-74 § 45-2; Ord. No. 11-8-79; Ord.
No. 12-18-79; Ord. No. 9-16-86; Ord. No. 3-31-87, S1]
As used in this chapter:
A request for a review of the Construction Code Official's
interpretation of any provision of this chapter request for a variance.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
The flood having a 1% chance of being equalled or exceeded
in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
A non-basement building:
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 piling, columns (posts and piers),
or shear walls parallel to the flow of the water.
Adequately anchored so as not to impair the structural
integrity of the building of the base flood.
In an area of special flood hazard, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of flood waters. In areas of coastal high hazard
elevated building even though the lower area is enclosed by means
of breakaway walls.
The Official Map on which the Federal Insurance Administration
has provided flood profiles, as well as the flood hazard boundary-floodway
map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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
2/10 foot as a result of encroachment.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided
that such enclosure is not built so to render the structure in violation
of other applicable non-elevation design requirements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
(For other new construction or substantial improvements under
the Coastal Barrier Resources Act [Pub. 1. 97-348] and include substantial
improvement, and 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 means either the first placement of permanent construction of
a structure on a site, such as the pouring of 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.
A walled and roofed building that is principally above ground,
as well as a mobile home.
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 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.
Any alteration of a structure listed on the National
Register or Historic Places or a State Inventory of Historic Places.
A grant of relief to a person from the requirements of this
chapter which permits construction in a manner otherwise is prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
[Ord. No. 6-18-74 § 45-3; Ord. No. 11-8-79; Ord.
No. 9-16-86]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Rockaway in the County
of Morris. The areas of special flood hazard identified by the Federal
Insurance Administration through a scientific and engineering report
entitled, "The Flood Insurance Study for the Township of Rockaway,"
dated September 18, 1986, with accompanying Flood-Boundary Floodway
Maps is hereby adopted by reference and declared to be part of this
chapter.
[Ord. No. 6-18-74 § 45-6; Ord. No. 11-8-79; Ord.
No. 7-1-86; Ord. No. 9-16-86; Ord. No. 3-31-87, S2]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 22-3. Application for a development permit shall be made to the Construction Code Official 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. Specifically, the following information is required:
A.
Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures.
B.
Elevation in relation to mean sea level to which any
nonresidential structure has been floodproofed.
D.
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
E.
Copy of any State permits required.
[Ord. No. 6-18-74 § 45-6; Ord. No. 11-8-79; Ord.
No. 7-1-86; Ord. No. 9-16-86; Ord. No. 3-31-87, S2]
The Construction Code Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 6-18-74 § 45-6; Ord. No. 11-8-79; Ord.
No. 7-1-86; Ord. No. 9-16-86; Ord. No. 3-31-87, S2]
Duties of the Construction Code Official shall include, but
not be limited to:
A.
Permit review.
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to require that all
necessary permits have been obtained from those Federal, State or
local governmental agencies from which prior approval is required.
B.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with Section 22-3, Basis for Establishing Areas of Special Flood Hazard and General Provisions, then the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Subsection 22-6.2A and Subsection 22-6.2B.
C.
Information to be obtained and maintained.
(1)
Verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses.
(1)
Notify adjacent communities and the Department of Environmental
Protection prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
(2)
Require that maintenance is provided within the altered
or relocated portion of the watercourse so that the flood carrying
capacity is not diminished.
E.
Interpretation of firm boundaries. Make interpretations
where needed, as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions), the
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this article.
[Ord. No. 6-18-74 § 45-6; Ord. No. 11-8-79; Ord.
No. 7-1-86; Ord. No. 9-16-86; Ord. No. 3-31-87, S2]
A.
Appeal board.
(1)
The Planning Board as established by the Township shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
(2)
The Planning Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Construction Code Official in the enforcement or administration
of this chapter.
(3)
Any person aggrieved by the decision of the Planning
Board or any taxpayer may appeal such decision to the appropriate
court.
(4)
In passing upon such applications, the Planning Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other
lands to the injury of others.
(b)
The danger to life and property due to flooding or
erosion damage.
(c)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owner.
(d)
The importance of the services provided by the proposed
facility to the community.
(e)
The necessity to the facility of a waterfront location,
where applicable.
(f)
The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for that area.
(i)
The safety of access to the property in times of
flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site.
(k)
The costs of providing governmental services during
and after flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
(l)
Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of 1/2 acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a) to (k)
above have been fully considered. As the lot size increases beyond
the 1/2 acre, the technical justification required to issuing the
variance increases.
(5)
Upon consideration of the factors listed above and
the purposes of this chapter the Planning Board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
(6)
The Construction Code Official shall maintain the records
of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
B.
Conditions for variances.
(1)
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.
(2)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(3)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(4)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection 22-5.4A or conflict with existing local laws or ordinances.
(5)
Any applicant to whom a variance is granted shall be
given written notice indicating the elevation below the base flood
level (in feet) to which the lowest floor of the structure will be
built, and that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
[Ord. No. 6-18-74 § 45-7; Ord. No. 11-8-79; Ord.
No. 9-16-86; Ord. No. 3-31-87, S3-8]
In all areas of special flood hazards the following provisions
are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
(2)
All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties
or ground anchors. This requirement is in addition to applicable State
and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designated to minimize or eliminate infiltration of flood waters
into the system.
(2)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into
the system and discharges from the systems into flood waters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from then during flooding.
(4)
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of 50 lots or five acres.
E.
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 flood waters.
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:
(1)
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.
(2)
The bottom of all openings shall be no higher than
one foot above grade.
(3)
Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the automatic
entry and exit of flood waters.
[Ord. No. 6-18-74 § 45-7; Ord. No. 11-8-79; Ord.
No. 9-16-86; Ord. No. 3-31-87, S 3-8]
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 22-3 or Subsection 22-5.3B the following provisions are required:
A.
Residential construction. New construction or substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
B.
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 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 hydrostatic and 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. Such certification shall be provided to the official as set forth in Subsection 22-5.3C.
C.
Manufactured homes. All manufactured homes to be placed
or substantially improved within an area of special flood hazard shall
be elevated on a permanent foundation such that the top of the lowest
floor is at or above the base flood elevation.
D.
Floodways. Located within areas of special flood hazard established in Section 22-3 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Prohibit encroachments, including fill, new construction,
substantial improvements and other developments unless certification
by a professional registered engineer or architect is provided demonstrating
that encroachments shall not result in the any increase in flood levels
during the occurrence of the base flood discharge.
(2)
If the subparagraph above is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of this section.
(3)
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than 2/10 of a
foot at any point.
[Ord. No. 6-18-74 § 45-5; Ord. No. 11-8-79]
The degree of flood protection required by this chapter 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 chapter 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 chapter 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 chapter or any administrative
decision lawfully made thereunder.
[Ord. No. 6-18-74 § 45-4; Ord. No. 11-8-79; Ord.
No. 9-16-86]
A.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall be liable upon conviction to the penalties stated in Chapter 1, Section 1-5. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.
B.
This chapter is not intended to repeal, abrogate or
impair any existing easements, covenants, or deed restrictions. However,
where this chapter and another ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail. The provisions of this chapter shall apply
to development as is permitted by the Rockaway Township Land Use and
Develop-ment Code. In the interpretation and application of this chapter
all provisions shall be considered as minimum requirements, liberally
construed in favor of the governing body and deemed neither to limit
nor repeal any other powers granted under State statutes or municipal
ordinances.
