[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-28-1986 by Ord.
No. 86:72 as Ch. XXII, Art. I, of the 1986 Code]
It is the purpose of this article to promote the public health, safety
and general welfare and to minimize public and private losses due to flood
conditions by enacting provisions designed to:
A.Â
Protect human life;
B.Â
Protect public health and promote public safety and welfare;
C.Â
Minimize expenditure of public money for costly flood
control projects;
D.Â
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public;
E.Â
Minimize damage to private property due to inundation
and siltation caused by floodwaters and storm runoff;
F.Â
Minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
G.Â
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.Â
Prevent installation of structures and restrict land
uses which cause increases in flood heights and/or velocities, erosion and
siltation;
I.Â
Prevent increase in volume and rate of runoff due to
development;
J.Â
Preserve, protect and enhance the natural environment
of the floodplains.
[Amended by Ord. No. 87:20]
As used in this article, the following terms shall have the meanings
indicated:
N.J.S.A. 58:16A-50 et seq.
The Federal Insurance Administrator, delegated the administrator
of the program (34 FR 2680-81, February 21, 1969, as amended 39 FR 2787, January
24, 1974).
Department application form No. FH-1 for a floodway permit.
A structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the
principal structure.
The land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or exceeded
in any given year.
Any area of the building having its floor subgrade (below ground
level) on all sides.
Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started, or before the damage occurred
if the structure has been damaged and is being restored. For the purpose of
this definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural parts of
the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
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.
A watercourse with a definite bed and banks which confine and conduct
continuously or intermittently flowing water.
The Commissioner of the New Jersey Department of Environmental Protection.
The Water Policy and Supply Council in the Division of Water Resources,
State of New Jersey.
The Morris County Planning Board as defined and provided under N.J.S.A.
40:27-1 et seq.
Any floodway designated by the Council under the provisions of the
Act.
The State of New Jersey Department of Environmental Protection.
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.
The Director of the Flood Management Program for the Township, who
shall be the Township Engineer.
The Division of Water Resources in the Department of Environmental
Protection of the State of New Jersey.
A nonbasement 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 pilings,
columns (posts and piers) or shear walls parallel to the flow of the water;
and
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" shall also include
a building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In areas of coastal high hazard "elevated building" shall also include
a building otherwise meeting the definition of "elevated building" even though
the lower area is enclosed by means of breakaway walls.
Any obstruction within a delineated floodway.
A unit of municipal government authorized under N.J.S.A. 40:56A-1
et seq.
Detachment and movement of soil and rock fragments by water, wind,
ice or gravity.
Removal or recovery by any means whatsoever of minerals, mineral
substances or organic substances, other than vegetation, from water, land
surfaces, or beneath the land surface, whether exposed or submerged. Normal
agricultural activities shall not be considered to be excavations.
Sand, gravel, earth or other materials placed or deposited within
the flood hazard area so as to form an embankment or raise the elevation of
the land surface.
The susceptibility of a flood hazard area use at a particular site
to damage by potential floods at that site, as well as increased off-site
flooding or flood-related damages caused by such floodway use.
A determination by the Administrator of the water surface elevations
of the base flood, that is, the flood level that has a one-percent or greater
chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
That portion of the flood hazard area not designated as the floodway.
The floodway and any additional portions of the floodplain, as determined
by the Council under the provisions of the Act.
The flood elevation determined by the Council to be reasonably expected
at a location.
The insurance coverage provided under the program.
An official map of a community, on which the Administrator has delineated
both the special hazard areas and the risk premium zones applicable to the
community.
The official report provided in which the Federal Insurance Administration
has provided flood profiles, as well as flood boundary floodway maps and the
water surface elevations of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland tidal waters.
The unusual and rapid accumulation or runoff of surface waters from
any source.
The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents
of water exceeding anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event which results
in flooding.
The relatively flat area adjoining the channel of a natural stream
which has been or may be hereafter covered by floodwater.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to, emergency
preparedness.
Zoning and subdivision regulations,[1] building codes,[2] health regulations, special purpose regulations (such as this article and Chapter 350, Soil Removal and Relocation) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real
estate or improved property, water and sanitary facilities, structures and
their contents.
The channel of a river or other water course in the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than 0.2 foot.
The lines marking the limits of floodways on federal, state and local
floodplain maps.
A factor of safety, usually expressed in feet, above a flood level
for purposes of floodplain management.
That water, beneath the land surface, which is below the water table.
Includes, but is not limited to, inorganic mineral acids of sulfur,
fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic
and their common salts; lead, nickel, and mercury and their inorganic salts
or metallo-organic derivatives; coal tar acids, such as phenols and cresols,
and their salts; petroleum products; and radioactive materials.
An area for the location of motor vehicles which has been modified
from its natural condition of excavation, fill or structures.
Any substance to be disposed of which is either in liquid form or
is carried by liquids.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for parking of vehicles,
building access, or storage in an area other than a basement area is not considered
a building's lowest floor, provided that such enclosure is not built so as
to render the structure in violation of the applicable nonelevation design
requirements of Section 60.3 of the National Flood Insurance Program.
The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate
Map (FIRM) for a community, issued by the Federal Insurance Administration.
The average height of the sea for all stages of the tide.
Any vehicle propelled otherwise than by muscular power, excepting
such vehicle as runs only upon rails or tracks.
Includes but is not limited to the governing body of any village,
town, township, borough, municipality, municipal corporation or other body
established by New Jersey law.
Structures for which the start of construction commenced on or after
the effective date of this ordinance.
[3]Any floodway or flood-fringe use which may be engaged in without
a regulated use permit from the Department for a floodway and from the municipality
for a flood-fringe area. A determination of nonregulated use shall be made
by the Director.
Includes but is not limited to any structure, excavation, fill, or
other material placed in, along, across, or projecting into any channel, watercourse
or floodway or flood-fringe area which may impede, retard or change the direction
of the flow of water either in itself or by catching or collecting debris
carried by such water or that is placed where the flow or water might carry
the same downstream to the damage of life or property.
Corporations, companies, associations, societies, firms, partnerships
and joint-stock companies, as well as individuals, the state, and all political
subdivisions of the state or any agencies or instrumentalities thereof.
Any substance or mixture of substances labeled, designed, or intended
for use in preventing, destroying, repelling, sterilizing or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds and other forms
of plant or animal life or viruses, except viruses on or in living man or
other animals. The term "pesticide" shall also include any substance or mixture
of substances labeled, designed or intended for use as a defoliant, desiccant,
or plant regulator.
Oil or petroleum of any kind and in any form, including crude oils
and derivatives of crude oils, whether alone, as sludge, oil refuse or oil
mixed with other wastes.
The municipal Planning Board as defined and provided for under the
laws of the State of New Jersey.
Any floodway use which shall not be allowed under any circumstances.
Any natural or artificially produced substance or combination of
substances which emits radiation spontaneously.
The speed with which a given quantity of water will move across the
land surface at the site of the proposed use under the influence of gravity.
Any flood-fringe use which requires a regulated use permit from the
Township.
The channel of the river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flow without cumulatively
increasing the water surface elevation more than a designated height.
The transport and depositing of solid material by water.
The political subdivision of the State of New Jersey authorized under
N.J.S.A. 4:24-2 et seq.
Garbage, sludge, refuse, trash, rubbish, debris or other discarded
solid materials.
The first placement of permanent construction of a structure on a
site, such as the pouring of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings such as garages or
sheds not occupied as dwelling units or not as part of the main structure.
For a structure without a basement or poured footings, the start of construction
includes the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation.
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit date. The
actual start shall mean either the first placement of permanent construction
of a structure on a site such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. "Permanent construction"
does not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property
of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main structure.
The State of New Jersey.
The Bureau of Water Control, Department of Environmental Protection,
Trenton, New Jersey.
A permit issued by the Department under the provisions of N.J.S.A.
58:16A-50.
[Amended 12-20-2005 by Ord. No. 2005:31]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground.
Also, "structure" shall mean any assembly of materials above or below the
surface of land or water, including but not limited to buildings, fences,
dams, fills, levees, bulkheads, dikes, jetties, embankments, wharves, piers,
docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads,
bridges, and the facilities of any utility or governmental agency. Trees or
other vegetation shall not be considered to be structures if planted in the
flood fringe.
Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the structure either
before the improvement or repair is started or, if the structure has been
damaged and is being restored, before the damage occurred. For the purpose
of this definition, "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not the alteration affects the external
dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Water on the land surface.
A grant of relief by a community from the terms of a floodplain management
regulation.
The ability of a channel or floodway to transport flow as determined
by its shape, cross-sectional area, bed slope and coefficient of hydraulic
friction.
The projected heights in relation to mean sea level reached by floods
of various magnitudes and frequencies in the floodplain of coastal or riverine
areas.
A.Â
Lands to which this article applies. This article shall
apply to all areas of special flood hazards within the jurisdiction of the
Township.
B.Â
Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration
Flood Insurance Study of Parsippany-Troy Hills Township dated August 19, 1985,
the Flood Insurance Rate Map dated February 19, 1986, and any revision thereto,
are adopted by reference and declared to be a part of this article. The Flood
Insurance Rate Map shall become effective on February 19, 1986.
C.Â
Compliance. No structure or land shall hereafter be located,
extended, converted, or altered without full compliance with the terms of
this article and other applicable regulations.
D.Â
Restrictions. This article is not intended to repeal,
abrogate, or impair any existing ordinances, and whichever imposes the more
stringent restrictions shall prevail.
F.Â
Warning and disclaimer of liability. The degree of flood
protection required by this article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This article does not imply land outside the
areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This article shall not create liability
on the part of the Township or by any officer or employee thereof for any
flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder.
A.Â
Designation of the Township Engineer. The Township Engineer
is hereby appointed to administer and implement this article by granting or
denying development permit applications in accordance with its provisions.
B.Â
Establishment of development permit. A development permit
shall be required in conformance with the provisions of this article. Application
for a development permit shall be made to the Township Engineer on forms furnished
by him and may include, but not be limited to, the following plans, in duplicate,
drawn to scale, showing the nature, location, dimensions, and elevations of
the area in question; existing or proposed structures; fill; storage of materials;
drainage facilities; and the location of the foregoing as well as the following:
(1)Â
Elevation, in relation to mean sea level, of the lowest
floor (including basement) of all structures.
(2)Â
Elevation, in relation to mean sea level, to which any
nonresidential structure has been floodproofed.
(3)Â
Certification by a registered professional engineer or architect that any nonresidential floodproofed structure meets the floodproofing criteria in § 175-5B.
(4)Â
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
C.Â
Duties and responsibilities of the local director. Duties
of the Township Engineer shall include, but not be limited to:
(1)Â
Review all development permits, including, but not limited
to, building permits, variances and Planning Board applications to determine
that the permit requirements of this article have been satisfied and that
all necessary permits have been obtained from those federal, state or local
governmental agencies from which prior approval is required.
(2)Â
Review all development permits to determine if proposed
development adversely affects the flood-carrying capacity of the area of special
flood hazard. For the purposes of this article "adversely affects" shall mean
damage of adjacent properties because of rises in flood stages attributed
to physical changes of the channel and the adjacent overbank areas.
(a)Â
If it is determined that there is no adverse effect and the development is not a structure, then the permit may be granted without further consideration. In making that determination a technical justification may be required. See § 175-4C(2)(b) below.
(b)Â
If it is determined that there is an adverse effect,
then technical justification (i. e., a registered professional engineer) for
the proposed development shall be required.
(c)Â
If the proposed development is a building, then the applicable
provisions of this article shall apply.
D.Â
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 175-3B, Basis for establishing the areas of special flood hazard, then the Township Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 175-5F(1), Residential construction, and § 175-5F(2), Nonresidential construction.
[Amended by Ord. No. 87:20]
E.Â
Information to be obtained and maintained and general
responsibilities of the Director:
(1)Â
Verify and record the actual elevation (in relation to
mean sea level) of the lowest habitable floor (including basement) of all
new or substantially improved residential structures.
(3)Â
Maintain for public inspection all records pertaining
to the provisions of this article.
(4)Â
Notify the New Jersey Department of Environmental Protection
and the affected communities prior to any alterations or relocations of the
watercourse.
(5)Â
Require that maintenance is provided within the altered
or relocated portion of the watercourse so that the flood-carrying capacity
is not diminished for a period of two years. A maintenance bond shall be provided
for the above.
(6)Â
Make interpretations, where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between the mapped boundary and actual field
conditions).
F.Â
Flood zone certificates. The Township Engineer is authorized
to issue flood zone certificates to any persons who shall apply for same,
and the fee to be charged by the Township Engineer for a certificate is $15
for each certificate.
A.Â
General standards. This section shall apply to all areas
of flood hazards below the flood hazard elevation.
B.Â
Anchoring. All new construction and substantial improvements
below the flood hazard elevation shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
D.Â
Utilities.
[Amended by Ord. No. 87:20]
(1)Â
All public utilities and facilities, such as sewer, gas,
electrical, and water systems, are to be located and constructed to minimize
or eliminate flood damage.
(2)Â
Within flood-prone areas new and replacement water supply
systems are to be designed to minimize or eliminate infiltration of floodwaters
into the systems.
(3)Â
New and replacement sanitary sewage systems are to be
designed to minimize or eliminate infiltration of floodwaters into the system
and discharges from the systems into the floodwaters, and on-site waste disposal
systems are to be located to avoid impairment to them or contamination from
them during flooding.
(4)Â
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components during
conditions of flooding.
E.Â
Subdivision proposals.
[Amended by Ord. No. 87:20]
(1)Â
All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2)Â
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)Â
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)Â
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50 lots or
five acres.
(5)Â
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)Â
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(b)Â
The bottom of all openings shall be no higher than one
foot above grade.
(c)Â
Openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic entry and exit
of floodwaters.
F.Â
Specific standards. In all areas of flood hazards where
base flood elevation data has been provided, the following provisions are
required:
[Amended by Ord. No. 87:20]
(1)Â
Residential construction. New construction or substantial
improvement of any residential structure shall have the lowest floor, including
basement, elevated to one foot above base flood elevation as shown on the
flood hazard maps.
(2)Â
Nonresidential construction. New construction or substantial
improvement of any commercial, industrial or other nonresidential structure
shall either have the lowest floor, including basement, elevated to one foot
above the level of the base flood elevation or, together with attendant utility
and sanitary facilities, be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the design and methods of construction are
in accordance with accepted standards of practice for meeting the applicable
provisions of this subsection.
G.Â
Floodways. Located within areas of special flood hazard established in § 175-3B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1)Â
Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a technical evaluation
demonstrates that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
H.Â
Prohibited uses.
(1)Â
No person shall engage in or cause other persons to engage
in any use within the regulatory floodway without Department approval.
(2)Â
No person shall engage in or cause other persons to engage
in prohibited uses as defined below within a regulated flood-fringe area.
(3)Â
This article shall prohibit the following uses, except
as permitted as a lawful preexisting use:
I.Â
Nonregulated uses.
(1)Â
For purposes of this subsection, nonregulated uses are
lands within flood-fringe areas which:
(b)Â
Have an inherent low flood damage potential; and
(c)Â
Do not obstruct flows in the floodway; and
(d)Â
Do not require modification or relocation of the channel;
and
(e)Â
Do not increase significantly the local rate of runoff
and/or erosion and sedimentation; and
(f)Â
Are undertaken with full on-site flood damage risks accepted
by the owner or his assigns.
(2)Â
This article shall require that nonregulated uses must satisfy the conditions of § 175-5H(2) and shall include:
(a)Â
Residential/commercial: residential and commercial improvement
activities, such as lawns, gardens, landscaping, fences, garages, dog houses
and additions of no more than 200 square feet and open porches or decks or
garages or sheds certified by a professional engineer or architect that they
are properly anchored to resist hydrodynamic or hydrostatic forces.
(b)Â
Private and public recreation: playing fields, picnic
grounds, swimming areas, parks, wildlife and nature preserves, game farms,
hunting and fishing areas, shooting preserves, hiking and horseback riding
trails, tennis courts, basketball courts, driving ranges, archery ranges,
target ranges, trap and skeet ranges and fish hatcheries and accessory structures
of not more than 200 square feet which are certified by a registered professional
engineer or architect to be properly anchored to resist hydrostatic or hydrodynamic
forces.
(c)Â
Agriculture: general cultivation, pasture, grazing, outdoor
plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming,
and wild crop harvesting. Fences associated with these agricultural uses are
nonregulated.
J.Â
Regulated uses. For the purposes of this subsection, regulated uses are land uses within flood-fringe areas which are not prohibited under § 175-5G, do not qualify as nonregulated uses under § 175-5H, and which involve one or more of the following:
(1)Â
Structures (both temporary and permanent).
(2)Â
Fill.
(3)Â
Excavation.
(4)Â
Channel modification or relocation, including but not
limited to golf courses; improved parking areas; utilities and transportation
facilities such as railroads, streets, highways, bridges, pipelines, and transmission
lines; retaining walls, dams, bulkheads and dikes.
K.Â
Procedure. The Director will be responsible for processing
all applications and issuing all permits, and the procedures therefor, in
accordance with the standards of this subsection.
(1)Â
No person shall engage in a regulated use within a regulated
flood-fringe area until he has received a regulated use permit from the Director.
(2)Â
A person proposing to engage in a regulated use shall
apply to the Director for a regulated use permit.
(3)Â
The Director shall provide standard forms and procedures
for all applications and will furnish each applicant with a docket number
to identify his proposal. This docket number shall be clearly marked on all
correspondence and submissions related to the application. The Director may
request the applicant to submit additional information as required to review
the proposed project, and the application shall not be declared complete until
the additional information is received. The Director shall not be unreasonable
or arbitrary in his requests for additional information before declaring the
application complete.
(4)Â
The applicant shall give notice that he has applied for
a regulated use permit for the flood fringe to the following. Such notification
shall include the name and address of the applicant, location of the proposed
use, and an abbreviated description of the use.
(a)Â
The local Planning Board;
(b)Â
Adjacent property owners within 200 feet;
(c)Â
The Township's Conservation Committee;
(d)Â
The Division;
(e)Â
The affected Soil Conservation Districts;
(f)Â
Each affected County Planning Board; and
(g)Â
The governing bodies, Environmental Commissioners and
Planning Boards of other municipalities which may be affected by the proposed
use.
(5)Â
The Director shall make a formal declaration of completeness
of the application and shall so notify the applicant and the persons and agencies
set forth above within four working days of the declaration. The applicant
shall give public notice of the time, place and date of the meeting at which
the application will be formally presented.
(6)Â
The applicant will complete at least two copies of the
application and submit any additional information required by the Director
for review. The applicant shall also file sufficient copies of the application
as directed in order to give notice to the public and for review purposes.
(7)Â
The applicant shall give public notice as specified by
the Director's regulations to enable a review of the complete application,
and the applicant shall submit proof of such notice to the Director at the
public hearing. With the exception of single-family residences and additions
to residences, the applicant shall, at its own cost, supply a court reporter
at the public hearing and provide the Director with two copies of the transcript.
(8)Â
The Director may issue a regulated use permit only if
he finds that the proposed use:
(a)Â
Has low flood damage potential; and
(b)Â
Does not obstruct flood flows in the floodway; and
(c)Â
Does not increase significantly the rate of local runoff,
erosion or sedimentation; and
(d)Â
Does not degrade significantly the quality of surface
water or the quality and quantity of groundwaters; and
(e)Â
Does not stress unduly the environment of the floodplain.
(9)Â
In reviewing the regulated use permit application and
arriving at findings, the Director shall consider all of the following criteria:
(a)Â
The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(b)Â
The danger that materials may be swept onto other lands
or downstream to the injury of others.
(c)Â
The proposed water supply and sanitation systems and
the insulation of these systems from disease, contamination, and unsanitary
conditions resulting from flooding.
(d)Â
The susceptibility of the proposed use to flood damage
and the effects of such damage.
(e)Â
The duration, rate of rise, and sediment transport of
floodwaters expected at the site.
(f)Â
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(g)Â
The availability of alternate locations within the applicant's
property not subject to flooding.
(h)Â
Whether the proposed use would provide adequate facilities
for the proper handling of litter, trash, refuse, and sanitary and industrial
wastes.
(i)Â
The degree to which people, animals, and property would
be evacuated in the expected time available after flood warning.
(j)Â
The degree to which the proposed use would serve the
general public's health, safety, and welfare.
(k)Â
The degree to which any aspect of food chain or plant,
animal, fish, or human life processes would be affected adversely within or
beyond the proposed use area.
(l)Â
The degree to which archaeological or historic sites
and structures, endangered or rare species of animals or plants, high-quality
wildlife habitats, scarce vegetation types, and other irreplaceable land types
would be degraded or destroyed.
(m)Â
The degree to which the natural, scenic, and aesthetic
values at the proposed activity site could be retained.
(10)Â
The Director shall issue a regulated use permit for the
development of an improved parking area where the use is proposed to be located
at an elevation equal to or greater than 173.5 feet above mean sea level.
L.Â
Permit conditions.
(1)Â
The Director may issue a regulated use permit, may deny
the permit, or may issue a permit with conditions necessary to minimize flood
losses and damages to public and private property, to safeguard the public
from materials being swept onto nearby or downstream lands, to protect and
enhance the public's health by minimizing the degradation of stream water
quality from point and non-point pollution sources, and to protect wildlife
and fisheries by preserving and enhancing the environment of the floodplains.
These conditions may include, but are not limited to, the following:
(2)Â
Where applicable, the Director shall condition regulated
use permits as follows:
(a)Â
Fill.
[1]Â
The Director shall make a determination of the height
and extent of the fill.
[2]Â
Fill shall be obtained from the flood-fringe area of
Parsippany-Troy Hills but preferably from the site. Fill can be obtained from
other sites but preferably in the same flood basin if the applicant can prove
a hardship. The Director will consider hardship applications on a case-by-case
basis.
[3]Â
The excavation site must be drainable. (Creation of a
pond is not allowed.)
[4]Â
Structures on fill shall be built so that the first floor
and/or basements are at a minimum of one foot above the flood hazard design
elevation.
[5]Â
Structures not placed on fill shall be otherwise elevated so that the first floor is a minimum of one foot above the flood hazard design elevation or shall be floodproofed as set forth hereinafter in Subsection L(2)(b) below. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers, and similar uses. As an alternative, structures not for occupancy by humans or animals may be protected by embankments or dikes of suitable design in the flood-fringe area.
(b)Â
Floodproofing. Floodproofing measures shall be consistent
with the flood protection elevation for the particular area, flood velocities,
durations, rates of rise, hydrostatic and hydrodynamic forces, probable evacuation
time available after flood warning, and other similar factors. The Township
shall require the applicant to submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the flood hazard design elevation associated flood factors.
[1]Â
Installation of watertight doors, bulkheads, and shutters,
or similar devices.
[2]Â
Reinforced walls to resist water pressures.
[3]Â
Use of paints, membranes, or mortars to reduce seepage
of water through walls.
[4]Â
Addition of weight to structures to resist flotation.
[5]Â
Installation of pumps to lower water levels in structures.
[6]Â
Construction of water supply and waste treatment systems
in a manner which prevents the entrance of floodwaters.
[7]Â
Pumping facilities, or comparable measures, for the subsurface
drainage systems of buildings to relieve external foundation wall and basement
flood pressures.
[8]Â
Construction that resists rupture or collapse caused
by water pressure or floating debris.
[9]Â
Installation of valves or controls on sanitary and storm
drains which will permit the drains to be closed to prevent backup of sewage
or stormwaters into the structure. Gravity drainage of basements may be eliminated
by mechanical devices.
[10]Â
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure they are not subject to
inundation and flooding.
[11]Â
Adequate emergency electrical power supplies.
(c)Â
Storage and processing facilities. Chemicals, explosives,
buoyant materials, flammable liquids, petroleum products, or other hazardous
materials shall be situated above the flood hazard design elevation or shall
be protected by suitable dikes or embankments. Furthermore, these facilities
shall be designed, constructed and operated in a manner to prevent flotation
of storage containers which would result in the escape of hazardous materials
into the floodwaters.
(d)Â
State and/or federal regulations. In any case, conformance
must be made with the latest state and/or federal regulations, whichever is
the most stringent.
(3)Â
Regulated use permits may be revoked for any violation
of the flood-fringe area regulations or for the violation of any permit conditions.
M.Â
Notification of decision.
(1)Â
The Director shall not decide on an application until
the interested parties have had an opportunity to submit comments on the application.
(2)Â
The Director shall notify the applicant in writing as
to the granting, conditioning or denying of a regulated use permit. The reason
for the decision shall be stated in writing as part of this notification.
(3)Â
At the same time that notification is provided to the
applicant, a copy of the same notification shall be provided to each party
who submitted comments on the application.
N.Â
Preexisting structures and uses. This article requires
that:
(1)Â
Structures which lawfully existed on or before the effective
date of the regulations are permitted to remain subject to the following conditions:
(a)Â
Maintenance and repair of preexisting structures are
permitted and do not require a regulated use permit.
(b)Â
No preexisting structure shall be enlarged greater than
200 square feet without a regulated use permit being granted.
(c)Â
If a preexisting structure is damaged by any means, including
floods, it may be repaired or restored to its condition prior to such damage.
If such a structure is destroyed beyond repair, it shall not be reconstructed
unless a regulated use permit has been granted.
(2)Â
In the event of a "start of construction" on or before
the effective date of the regulations, then the structure may be completed
without a regulated use permit.
(3)Â
Uses of land or structure which lawfully existed immediately
before the effective date of the regulations are permitted to continue subject
to the following:
(a)Â
No preexisting use shall be expanded or enlarged greater
than 200 square feet unless a regulated use permit has been granted.
(b)Â
No preexisting use shall be modified so as to increase
its flood damage potential, unless a regulated use permit has been applied
for and received.
(c)Â
Sanitary landfills are prohibited from expanding horizontally.
They may be permitted, however, to expand vertically if they comply with all
other applicable provisions of law and if their flood hazard potential is
not increased.
O.Â
Maintenance and repair.
(1)Â
Maintenance and repair of a structure are permitted and
shall not require additional regulated use permits. Maintenance, repair, and
replacement shall comply with the terms of the original permit.
(2)Â
If a structure for which a regulated use permit has been
granted is destroyed by floods and is beyond repair, the structure shall not
be reconstructed unless a new regulated use permit has been applied for and
received. If the structure is destroyed by any means other than floods, it
may be reconstructed without applying for an additional regulated use permit.
Reconstruction shall comply with the terms of the original permit.
P.Â
Supplemental flood hazard area delineations. If the Township
determines that lands within its jurisdiction, in addition to those delineated
by the Council, should be included within the flood hazard area because improper
development and use of these lands would constitute a threat to the public
safety, health, and welfare, the municipality may present its delineation
to the Council, with documentation as may be required by the Council, for
consideration and possible adoption.
The powers, duties, and functions vested in the municipality under the
provisions of the Act or these standards shall not be construed to limit in
any manner the powers, duties, and functions vested therein under any other
provisions of law.
[Adopted by Ord. No. 92:16]
No person shall attempt to operate, close or open the flood gates at
the Lake Hiawatha Flood Project except after notification to the Director
of the Department of Public Works or his authorized and designated representative.
[Amended 12-20-2005 by Ord. No. 2005:31]
Between April 15 and October 1 of each year, the flood gates shall remain
open at all times, except when, in the opinion of the Director of the Department
of Public Works or his authorized and designated representative, there is
a need to close same because of possible flooding.
After the Lake Hiawatha Swim Club has been closed and secured for the
winter season, the gates shall remain closed, except that the gate or gates
will be opened for the convenience of the Lake Hiawatha Swim Club upon notification
to the Director of the Department of Public Works; and thereafter, the gates
shall be closed and secured by whomever opened same.
