Township of West Caldwell, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: The Flood Plain and Storm Water Management Ordinance was adopted on April 10, 1979 as Ordinance No. 812, and was further amended and supplemented by ordinance. When the Township of West Caldwell codified the general and permanent ordinances in the 1993 Code, Ordinance No. 812, as amended, was added as Chapter 18. At the request of the Township Officials, the Flood Plain and Storm Water Management Regulations have been included in the 1995 Code as Chapter 21, using the original ordinances for the text and source history.
[Ord. No. 812; Ord. No. 1461]
The legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq. and in Chapter 291, Laws of New Jersey 1975, delegated the responsibility to local governmental units to adopt regulations designed to promote and protect the public health, safety and general welfare of its citizens, by regulating development and use of land in the flood hazard area. Therefore, the Mayor and Council of the Township of West Caldwell, New Jersey, does ordain the following.
[Ord. No. 812; Ord. No. 1461]
a. 
The flood hazard areas of the Township of West Caldwell are defined by the 500-year flood boundary line in the Flood Insurance Rate Map, Community-Panel Number 340196 0001 C, 0002 C and 0003 C, as prepared by the Federal Emergency Management Agency, dated December 20, 2001; or the inundated area of the 1903 flood of record, as set forth on a map entitled Flood Plain Areas, Borough of West Caldwell, Essex County, N.J., dated January 1973; or where no delineation exists, the 500-year flood boundary as determined by an engineering study, whichever is the most restrictive.
These areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
b. 
These flood cases are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
c. 
Residential structures are twenty-four-hour activity uses that serve as essential shelter to the family, providing food, social communion and rest. As a twenty-four-hour activity serving all age groups, residential areas are much more susceptible to health and safety problems from flooding than are non-residential areas, and should be accordingly protected. As such, as residential construction within the flood hazard area, as defined in subsection 21-1.2, paragraph a., shall be prohibited.
d. 
Filling of flood hazard areas causes permanent environmental damage, and does not eliminate, but rather increases those problems associated with residential construction in low-lying areas, such as poor drainage, high seasonal water tables, poor soil conditions for roads and structures, lack of any mature vegetation, and loss of valuable flood retention area.
e. 
Nonresidential structures may be permitted in the flood hazard area so long as first floor elevations and all means of ingress and egress, are at least one foot above the limit of the flood hazard area, as defined in subsection 21-1.2, paragraph a., and further that neither the peak runoff rate nor the total volume of runoff water shall cause an increase of more than 0.2 feet in the high water mark of the floodway.
[Ord. No. 812]
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:
a. 
To protect human life and health;
b. 
To minimize expenditure of public money for costly flood control projects;
c. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d. 
To minimize prolonged business interruptions;
e. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
f. 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
g. 
To insure that potential buyers are notified that property is in an area of special flood hazard; and,
h. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
It is, therefore, determined that the special and paramount public interest in the flood hazard area justifies the regulation of property located therein as provided in this chapter which is in the exercise of the public 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.
[Ord. No. 812]
In order to accomplish its purposes, this chapter includes methods and provisions for:
a. 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
b. 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. 
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
d. 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
e. 
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
[Ord. No. 812; Ord. No. 1015, § 1; Ord. No. 1043, § 1; Ord. No. 1461; Ord. No. 1605 § 1]
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
APPEAL
Shall mean a request for a review of the Planning Board's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO Zone or AH Zone on a community's Flood Insurance Rate Map with a 1% or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD OR FLOOD HAZARD AREA
Shall mean the land in the flood plain within a community subject to a 0.2% or greater chance of flooding in any given year, (referred to as a 500-year flood) or; the inundated area of the 1903 flood of record for the Passaic River Basin, as set forth in a map entitled "Flood Plain Areas, Borough of West Caldwell, Essex County, New Jersey," dated January 1973 or; where no delineation exists, the 500-year flood boundary as determined or projected by an engineering study, whichever of the above three methods indicates the greatest area of inundation for a particular case. For flood insurance purposes, the FIRM shall control and the area of special flood hazard shall mean the area inundated by the 100-year flood, having a 1% chance of flooding in any given year. In an application for development, the applicant shall provide the required engineering study to establish a metes and bounds description of the special flood hazard area.
BASE FLOOD
Shall mean the 100-year flood, having a 1% chance of flooding in any given year.
BASEMENT
Shall mean any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
Shall mean 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.
DEVELOPMENT
Shall mean any manmade 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, or storage of equipment or materials located within the area of special flood hazard.
ELEVATED BUILDING
Shall mean a non-basement building (i) built in the case of a building in an area of special flood hazard to have the top 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, and (ii) 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. 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.
FLOOD INSURANCE RATE MAP (FIRM)
Shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
Shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas, or the increase in water elevation of wet or seasonally wet areas from:
a. 
The overflow of inland or tidal water and/or
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN MANAGEMENT REGULATIONS
Shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state and local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY
Shall mean 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 feet.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Shall mean any structure that is: (i) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (ii) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district; (iii) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (iv) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program determined by the Secretary of the Interior; or (b) directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
Shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable 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.
MANUFACTURED HOME
Shall mean 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 attached to the required utilities. The term "manufactured home" does not include a "recreation vehicle."
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
Shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Shall mean structures for which the "start of construction" commenced on or after the effective date of this chapter.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
Shall mean a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the longest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION (FOR OTHER THAN NEW CONSTRUCTION OR SUBSTANTIAL IMPROVEMENTS UNDER THE COASTAL BARRIER RESOURCES ACT (P.L. 97-348))
Shall mean and include substantial improvement and shall mean 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 or 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 part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
Shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any construction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual work performed. The term does not, however, include either: (i) any project for improvement of a structure to correct existing code violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are minimum necessary to assure safe living conditions; or (ii) any alterations of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
VARIANCE
Shall mean a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
[Ord. No. 812]
This chapter shall apply to all areas within the jurisdiction of the Township of West Caldwell, Essex County, New Jersey.
[Ord. No. 812; Ord. No. 1043, § 2; Ord. No. 1461; Ord. No. 1605 § 2]
The areas of special flood hazard for the Township of West Caldwell, Community No. 340196, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
a. 
A scientific and engineering report "Flood Insurance Study, Essex County, New Jersey (All Jurisdictions)" dated June 4, 2007.
b. 
Flood Insurance Rate Map for Essex County, New Jersey (All Jurisdictions) as shown on index and panel numbers 0077, 0079, 0081, 0082, 0083, 0084: whose effective date is June 4, 2007.
The above documents are hereby adopted and declared to be part of this chapter. The Flood Insurance Study and Maps are on file at 30 Clinton Road, West Caldwell, NJ, 07006-6704.
[Ord. No. 812]
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 violation. Any person who violates a provision of this chapter or a rule or regulation adopted pursuant to this chapter shall be subject to a penalty of not more than $2,500 for each offense, to be collected by the municipality in a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.), and in any court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court, County Court and County District Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature each day which it continues shall constitute an additional, separate and distinct offense. Nothing herein contained shall prevent the Township of West Caldwell from taking such other lawful action as is necessary to prevent or remedy any violation, including the legal action to compel the removal of any such violations.
[Ord. No. 812]
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 812; Ord. No. 1461]
In the interpretation and application of this chapter, all provisions shall be:
a. 
Considered as minimum requirements;
b. 
Liberally construed in favor of the Governing Body; and
c. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
[Ord. No. 812]
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 that land outside the area 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 of West Caldwell, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. No. 812]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 21-3.2. For the purpose of this chapter, the application for a development permit in a special flood hazard area shall be considered as a mandatory condition of the site plan and subdivision review and approval process. No site plan or subdivision shall be approved which does not conform with the regulations of this chapter.
In those cases where, under the New Jersey Municipal Land Use Law, site plan or subdivision approval is within the jurisdiction of the board of adjustment, such site plan or subdivision approval shall be conditioned upon the issuance of a development permit for construction in a special flood hazard area by the West Caldwell Planning Board.
Application for a development permit shall be made on forms furnished by the Planning Board and may include, but not be limited to: 14 copies of a plan 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.
Specially, 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 structure has been floodproofed;
c. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 21-5.2; and
d. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
e. 
All other information required for site plan or subdivision approval necessary for the proper evaluation of drainage, grading, roads, utilities, parking areas, etc., as they apply to construction in the flood hazard area.
[Ord. No. 812]
The Planning Board of the Township of West Caldwell is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
[Ord. No. 812]
Duties of the Planning Board, in the enforcement of this chapter, shall include, but not be limited to:
a. 
Review of all applications for a development permit for construction in a special flood hazard area, to determine that the permit requirements of this chapter have been satisfied.
b. 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required, or approve conditionally based upon receipt of all other required approvals.
c. 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 21-7.3 are met.
[Ord. No. 812; Ord. No. 1015, § 2; Ord. No. 1043, § 3]
When base flood elevation and floodway data has not been provided in accordance with subsection 21-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Planning Board shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsections 21-7.2a. Specific Standards, Residential Construction, and 21-7.2b. Specific Standards, Nonresidential Construction.
[Ord. No. 812; Ord. No. 1043, § 4]
a. 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structure, and whether or not the structure contains a basement.
b. 
For all new substantially improved floodproofed structures.
1. 
Verify and record the actual elevation (in relation to mean sea level); and
2. 
Maintain the floodproofing certifications required in subsection 21-4.1c.
c. 
Maintain for public inspection all records pertaining to the provisions of this chapter.
[Ord. No. 812]
a. 
Notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b. 
Require that maintenance is provided by the owner of the property wherein the stream is located, within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
[Ord. No. 812]
All interpretations and determinations for the purpose of purchasing flood insurance shall be made by the lending institution or the FLA, where no lending institution is involved or where there is an appeal.
The Planning Board may, for purposes other than flood insurance, make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 21-6.
[Ord. No. 812]
a. 
The Mayor and Council of the Township of West Caldwell shall hear and decide appeals and requests for variances from the requirements of this chapter.
b. 
The Mayor and Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Planning Board in the enforcement or administration of this chapter.
c. 
Those aggrieved by the decision of the Mayor and Council, or any taxpayer, may appeal such decision to a court of competent jurisdiction.
d. 
In passing upon such applications, the Mayor and Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. 
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 for the proposed use which are not subject to flooding or erosion damage;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the comprehensive plan and flood plain management program of 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 flood waters and the effects of wave action, if applicable, expected at the site; and
11. 
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.
e. 
Upon consideration of the factors of subsection 21-6.2d and the purposes of this chapter, the Mayor and Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
f. 
The Planning Board shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
[Ord. No. 812; Ord. No. 1461; Ord. No. 1605 § 3]
a. 
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 1-11 in subsection 21-6.1a have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
b. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
c. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. 
Variances shall only be issued upon:
1. 
A showing of good and sufficient cause;
2. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 
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 21-6.1d or conflict with existing local laws or ordinances.
f. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
g. 
No variance may be permitted for the construction of a new residence in a flood hazard area.
[Ord. No. 812; Ord. No. 1015, §§ 3, 4; Ord. No. 1043, § 5; Ord. No. 1461]
In all areas of special flood hazards the following standards are required:
a. 
Anchoring.
1. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Plans of the proposed method of anchoring shall be submitted to the Construction Official of the Township of West Caldwell, and shall be prepared by a licensed professional engineer or a registered architect.
2. 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
b. 
Construction Materials and Methods.
1. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 
Utilities.
1. 
All new and replacement water supply systems shall be designed to 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 systems and discharge from the systems into flood waters;
3. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
4. 
Electrical, heating, ventilation, plumbing and airconditioning 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.
(a) 
The rate and volume of runoff from nonresidential development in a flood hazard area shall be limited to substantially the same rate and volume which existed prior to development, so as not to increase the baseflood elevation (100-year) more than 0.2 feet.
(b) 
Residential construction in the flood hazard area is prohibited.
4. 
Base flood elevation data shall be provided for all subdivision proposals, and other proposed development. The applicant shall prepare and submit a drainage report prepared by a licensed professional engineer, which shall, in accordance with subsection 21-3.2, establish the limits of the flood hazard areas by a metes and bounds description.
e. 
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 minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
[Ord. No. 812; Ord. No. 1043 § 6; Ord. No. 1461]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 21-3.2, "Basis for Establishing the Areas of Special Flood Hazard" or in subsection 21-5.2, "Use of Other Base Flood Data," the following standards are required:
a. 
Residential Construction. No new residential construction is permitted in the flood hazard area, nor is any fill permitted within the flood hazard area of the Passaic River, as determined in the state and/or FEMA maps. Substantial improvement of any existing residential structure shall have the lowest floor, including basement, elevated to one foot above the base flood elevation.
b. 
Nonresidential Construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 21-5.3b.
c. 
Manufactured Homes.
1. 
Manufactured homes shall be anchored in accordance with subsection 27-7.1a2.
2. 
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.
[Ord. No. 812; Ord. No. 1461; Ord. No. 1605 § 4]
Located within areas of special flood hazard established in subsection 21-3.2 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:
a. 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. 
If subsection 21-7.3a is satisfied, all new construction and substantial improvements must comply with Section 21-7, Provisions for Flood Hazard Reductions.
c. 
No one shall dispose of, or cause to be disposed of, any debris whatsoever, including leaves and grass clippings, into any watercourse.
d. 
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 0.2 of a foot at any point.
[Ord. No. 812]
The Planning Board shall require that all storm water management facilities are designed in accordance with the requirements of this section and with the recommendations of the Township Engineer where, in the Board's judgment, more stringent criteria are required.
[Ord. No. 812]
Every application for development, in accordance with the New Jersey Municipal Land Use Law, Chapter 291, Laws of N.J. 1975, shall include a drainage area map and drainage calculations. All drainage design shall be prepared and submitted by a professional engineer, registered in the State of New Jersey. Design shall be based upon the Rational Method, unless otherwise determined by the Township Engineer. The drainage area map shall show the entire site, as well as all other areas contributing runoff to the site. It shall also indicate the downstream receiving waters or drainage system to which on-site runoff will be discharged. The map shall indicate all drainage divides, streams and any point locations of runoff entrance or exit. It shall also indicate a "Q" present and a "Q" future for all runoff entering and exiting the site.
Drainage calculations shall be provided on a standard format provided by the Township Engineer's office, and shall include an analysis of each reach of pipe or drainage channel, including data on drainage area, coefficient of runoff, area-coefficient increments and totals, concentration time, intensity for the design storm, total "Q," length, slope, size, capacity and velocity and time in pipe or channel.
A narrative shall also be provided when required by the Township Engineer or the Planning Board.
[Ord. No. 812]
The following design storm guidelines shall be applied for determining rainfall intensity, based upon full upstream development:
Facility
Design Storm
First floor elevation in flood hazard area
The greater of 500-year storm or flood of record
Drainage collection system
25 year
Culverts and bridges
100 year
Detention basins
100 year minimum; flood of record maximum, based upon failure analysis
[Ord. No. 812]
The following guidelines shall be used in the determination of the coefficient of runoff, "C":
Ground Surface
Range of Values for "C"
Lawns:
Average topsoil, 0 to 2% slope
0.20 - 0.25
Average topsoil, 2% to 6% slope
0.25 - 0.30
Average topsoil, over 6% slope
0.30 - 0.35
Heavy soil, to 2% slope
0.30 - 0.35
Heavy soil, 2% to 6% slope
0.35 - 0.40
Heavy soil, over 6% slope
0.40 - 0.45
Pavement and walkways:
Concrete
0.95 - 1.00
Bituminous concrete
0.90 - 1.00
Bituminous concrete, open graded
0.70 - 0.90
Gravel
0.40 - 0.70
Roofs
0.90 - 1.00
Typical composite area (15,000 square foot single family lot, moderate slope, 1/2 of 30 foot wide street, 30-foot by 60-foot structure, 4-foot wide concrete sidewalk, 50-foot by 20-foot driveway, 300 square foot patio, sodded lawn on average topsoil)
0.50
[Ord. No. 812]
Rainfall intensity shall be determined by using the Rainfall-Intensity-Duration Curves for Essex and Union Counties, New Jersey, Diagram 1, New Jersey State Water Policy Commission, as amended. Intensity shall be based upon the time of concentration for the drainage area under study.
[Ord. No. 812]
All drainage collection systems shall be constructed of reinforced concrete pipe of the appropriate class and wall thickness for the anticipated load requirements.
Channels shall be designed so as to be as straight as possible. All changes in alignment shall be accomplished with smooth curves with a minimum center line radius of 150 feet.
Stream banks shall have slopes no steeper than 2:1 (two feet of run for every one foot of rise) and shall be provided with rip-rap slope protection, using boulders at least two feet in diameter, or gabions, at all changes in alignment and wherever stream velocity may cause stream bank erosion. Wherever sufficient velocity exists to create stream bed erosion, check dams shall be constructed. Wherever rip-rap or gabion slope protection is not required the banks shall be hydro-seeded and a permanent vegetative cover shall be established.
[Ord. No. 812]
Land development, other than a single family dwelling on one lot not part of a new subdivision, may be prohibited by the Planning Board where any of the following conditions occur:
a. 
The volume and/or rate of storm water runoff of a property after development exceeds the runoff existing prior to development to an extent which will overburden any existing facilities or increase the loading upon an already over-burdened facility;
b. 
The drainage of adjacent areas is adversely affected;
c. 
Soil erosion during and after development is increased over what naturally occurs at the site;
d. 
Soil absorption and ground water recharge capacity of the area is adversely affected by the proposed development;
e. 
The natural drainage pattern of the area is significantly altered.
[Ord. No. 812]
Where land development causes an adverse condition, as described in subsection 21-8.5, the use of storm water detention may be required by the Planning Board.
In order to duplicate as nearly as possible natural drainage conditions, on-site storm water detention systems of the following type may be considered:
a. 
Excavated basins, basins created through the use of stabilized earth berms or dikes, or overall site grading which serves to temporarily impound and store water;
b. 
Drywells and absorption pits which control storm water runoff through ground absorption and temporary storage;
c. 
Porous asphalt parking area paving with a subsurface reservoir, to provide storage and ground water recharge.
d. 
A system of porous media, such as gravel trenches, drained by porous wall pipe, which temporarily store and dissipate storm water through ground absorption.
[Ord. No. 812]
All storm water detention facilities shall be designed by a professional engineer, registered in the State of New Jersey, in accordance with the following guidelines:
a. 
Facilities shall be designed with an outlet control device capable of reducing runoff from storms of all magnitudes from a one-year reoccurrence interval to the flood of record, so that the principle of "zero increased runoff" is valid under all conditions.
b. 
Documentation in the form of maps, diagrams, inflow-outflow charts, hydrographs, reservoir routing data, etc. shall be provided in support of all applications. Design methods shall be referenced to a recognized source.
c. 
Runoff volumes generated offsite but which traverse the site in question shall be determined by assuming full development under the current Zoning Ordinance of the Township of West Caldwell.
d. 
In the case of detention facilities utilizing porous media for ground absorption, the volume of the porous media shall be large enough to contain the total design volume of runoff within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable, as determined by percolation tests and soil borings, witnessed and certified by a professional engineer registered in the State of New Jersey. Tests made during extended dry periods must be adjusted for the anticipated seasonal high water table. Provisions shall be made to contain any overflow of such systems onsite or to surface drain the overflow in such a way as not to adversely affect any other property.
e. 
Where earth berms or dikes are used to create the impoundment area, they shall be adequately stabilized and the slopes protected with vegetative cover, paving or rip-rap to protect against failure or breaching.
f. 
All detention basins shall be provided with at least one foot of freeboard, and must be equipped with emergency outlet devices.
g. 
Storm water detention facilities shall be regularly maintained by the owner to insure continual functioning of the system at design capacity, and to prevent the health hazards associated with debris buildup and stagnant water.
h. 
Sediment and erosion control facilities, both temporary and permanent, shall be designed in conformance with the "Standards for Soil Erosion and Sediment Control in New Jersey."
[Ord. No. 812]
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.