Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle: Article I, 8-7-1978 as Ord. No. 1447; Article II, 8-25-1982 as Ord. No. 1553. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage and watercourses - See Ch. 57.
[Adopted 8-7-1978 as Ord. No. 1447]
This Article shall be known and may be cited as the "Stormwater Control and Floodplain Ordinance of the Borough of Roselle."
A. 
It is hereby found that the brooks and streams within the Borough of Roselle are subject to recurrent flooding, that such flooding endangers life and damages public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, that all developments contribute to the condition by increasing local storm runoff and erosion and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the control of storm drainage justifies the regulation of land use located in the floodplain and regulation of storm drainage for the entire municipal area as provided in this Article, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants and for the preservation of the health, safety and general welfare.
B. 
Among the purposes of this Article are:
(1) 
To prevent loss of life.
(2) 
To protect the public health and promote public safety and welfare.
(3) 
To minimize losses and damages to public and private property due to inundation and siltation caused by floodwater and storm runoff.
(4) 
To prevent installation of structures and restrict land uses which cause increases in flood heights and/or velocities, erosion and siltation.
(5) 
To prevent increase in volume and rate of surface runoff due to development.
(6) 
To reduce public expenditures for emergency operations, evacuations and restorations.
(7) 
To prevent damage to transportation and utility systems.
(8) 
To prevent further unwise development in floodplains, thus reducing future expenditures for protective measures.
(9) 
To preserve, protect and enhance the natural environment of the floodplains.
(10) 
To 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.
(11) 
To ensure that potential home buyers are notified that property is in a flood area.
C. 
In order to accomplish its purposes, this Article uses the following methods:
(1) 
Restricts or prohibits uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities.
(2) 
Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) 
Controls the alteration of natural floodplains, streams, channels and natural protective barriers, which are involved in the accommodation of floodwaters.
(4) 
Controls filling, grading, dredging and other development which may increase flood damage.
(5) 
Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
For the purposes of this Article, unless the context clearly indicates otherwise, the following words shall have the meanings indicated:
APPEAL
A request for a review of the borough's interpretation of any provision of this Article or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
[Added 5-8-1989 by Ord. No. 1754]
BOROUGH
The Mayor and Council of the Borough of Roselle.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
[Added 5-8-1989 by Ord. No. 1754]
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
DEPARTMENT
The State Department of Environmental Protection, Division of Water Resources.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
ELEVATED BUILDING
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 piling, 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" also includes 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" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls. (Added 5-8-1989 by Ord. No. 1754]
ENCROACHMENT
Any obstruction within a delineated floodway.
FILL
Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons.
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular site to damage by potential floods at that site, as well as increased off-site flooding of flood-related damages caused by such land use.
FLOOD or FLOODING 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD-FRINGE AREA
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The areas designated as Zone A on the Official Flood Insurance Rate Map (FIRM) of the Borough of Roselle as most recently issued and approved by the Federal Insurance Administrator.
FLOOD HAZARD BOUNDARY MAP (FHBM)
The Official Map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.
FLOOD HAZARD ELEVATION
The one-hundred-year-flood elevation as shown on the plates of the Flood Insurance Rate Study Map.
FLOOD INSURANCE RATE MAP (FIRM)
The Official Map of a community, 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
The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard elevation.
FLOOD OF RECORD
The greatest flood in a given area for which accurate records are available and as determined by the Department.
FLOODPLAIN
The same as the flood hazard area.
FLOODWAY
The channel of a natural stream and portions of the floodplain adjoining the channel which are required to carry and discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than 0.2 of a foot. The regulatory floodway shall be delineated, or shall be based, on encroachment lines established by the Department and additional width for access and maintenance.
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols, and their salts.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including a 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 nonelevated design requirements.
[Added 5-8-1989 by Ord. No. 1754]
MANUFACTURED HOME
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.
[Added 5-8-1989 by Ord. No. 1754]
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
[Added 5-8-1989 by Ord. No. 1754]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this Article.
OBSTRUCTION
Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse of flood hazard 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 of water might carry the same downstream to the damage of life or property.
PERCOLATION TEST
A test designed to determine the ability of ground to absorb water. The test shall be performed by a licensed professional engineer with proven competency in the field of soils engineering and shall be in accordance with acceptable engineering standards and practices. A detailed report of the test shall be submitted to the Planning Board.
PERMITTED USE
Any use which shall be allowed subject to the provisions of this Article.
PERSON
Corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
PESTICIDE
Any substance or mixture of substances labeled, designed, intended for or capable of 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.
PROHIBITED USE
Any use which shall not be allowed under any circumstances.
RAINFALL EXCESS
The portion of rainfall which becomes direct surface runoff.
RESTRICTED USE
Any use which requires a restricted use permit.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means 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.
[Amended 5-8-1989 by Ord. No. 1754]
STORMWATER DETENTION
Any storm drainage technique which retards or detains runoff, such as a detention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department under the provisions of N.J.S.A. 58:1-26.
STRUCTURE
Any assembly of materials above or below the surface of land or water, including but not limited to buildings, fences, dams, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads and the facilities of any utility or municipality.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the 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, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
VARIANCE
A grant of relief to a person from the requirements of this Article which permits construction in a manner otherwise prohibited by this Article where specific enforcement would result in unnecessary hardship.
A. 
Administration.
(1) 
The Planning Board of the Borough of Roselle is hereby designated to administer and implement this Article by granting or denying permit applications in accordance with its provisions. Said Planning Board shall have the right to require the applicant to furnish sufficient expertise to support and verify that the proposed development meets the requirements of this Article. Said Planning Board shall also have the right to enlist aid of the Roselle Building Code Official and the Borough Engineer or other professionals for their expertise in order to review adequately the applicant's proposals.
(2) 
The procedure for the filing of applications and the time requirements for review in order to grant or deny applications shall conform to Sections 8 and 9 of Ordinance No. 1391, titled "An Ordinance Establishing a Planning Board and a Zoning Board of Adjustment for the Borough of Roselle Pursuant to the Provisions of N.J.S.A. 40:55D-1 et seq., Providing for the Powers of Said Boards, and the Procedures Governing Applications to Said Boards and Appeals Therefrom, and Providing for the Continuance of Existing Ordinances."[1]
[1]
Editor's Note: See Ch. 77, Land Use Procedures.
B. 
Site plans.
(1) 
No subdivision, development or construction shall take place within the municipal boundaries unless a site plan and any other required information shall have been submitted to the Planning Board for its review and approval.
[Amended 5-8-1989 by Ord. No. 1754]
(2) 
Exempted from the general requirements of the stormwater control provisions of this Article shall be individual one- or two- family homes constructed on sites having no contiguous buildable land, provided that said construction is on an improved street. However, these exemptions shall not be applicable to the general requirements of the federal flood damage prevention provisions of this Article. Plans for exempted construction shall be submitted to the Building Code Official of the borough.
[Amended 5-8-1989 by Ord. No. 1754]
(3) 
Said site plan shall be drawn to a scale not smaller than one inch equals 50 feet and shall show, in addition to the information required under other ordinances, the following information:
(a) 
The existing and proposed principal building or structure and all accessory buildings or structures, if any.
(b) 
The proposed finished grade elevations at the corners of any structure or structures.
(c) 
Existing topography and proposed grading at contour intervals of two feet or less.
(d) 
The lowest elevation within any proposed structure after its completion.
(e) 
The location, type and size of all existing and proposed storm drainage facilities and other utilities servicing, and to service, the premises in question.
(f) 
The location, size and nature of all existing and proposed drainage rights-of-way or easements and the location, size and description of any lands to be dedicated to the municipality or county.
(g) 
The layout and size of existing and proposed public streets.
(h) 
The elevation of any existing or proposed pumping facilities.
(i) 
The nature and extent of any construction alterations or repairs.
(j) 
The location of the proposed and existing buildings on the site.
(k) 
The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.
(l) 
Proof or stream encroachment lines obtained from the Department.
(m) 
The extent of filling of the land, if any.
(n) 
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls, aprons and the like.
(o) 
All stormwater facilities and structures, including detention facilities, storm sewers, headwalls, inlets and the like.
(p) 
All calculations for existing stormwater runoff, additional runoff due to new development and detention, and all reference data used for determination.
(q) 
Where required, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes.
(r) 
Any and all other information and data necessary to meet any of the requirements of this Article.
C. 
In reviewing the application, the Planning Board shall be reasonably assured that any structure, when built or altered, can be occupied without peril to the health or safety of the occupant, and that the proposed land use:
(1) 
Shall be consistent with the need to minimize flood damage.
(2) 
Shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(3) 
Shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Shall have base flood elevation data.
(5) 
Has an inherent low flood damage potential.
(6) 
Either acting alone, or in combination with existing or future uses, does not obstruct flood flows or increase flood heights and/or velocities.
(7) 
Does not affect adversely the water-carrying capacity of any delineated floodway and/or channel.
(8) 
Does not increase local runoff and erosion.
(9) 
Does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters.
(10) 
Does not require channel modification or relocation.
D. 
No land area shall be developed by any person such that:
(1) 
The volume and/or rate of stormwater runoff occurring at the area is increased over what occurs there under existing conditions.
(2) 
The drainage of adjacent areas is adversely affected.
(3) 
Soil erosion during and after development is increased over what naturally occurs there.
(4) 
Soil absorption and groundwater recharge capacity of the area is decreased below what occurs there under existing conditions.
(5) 
The natural drainage pattern of the area is significantly altered.
E. 
Site plan review. In reviewing applications, the Planning Board shall consider the following:
(1) 
Review all development permits to determine that the permit requirements of this Article 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.
(3) 
Review all development permits to determine if such proposed development is located within the floodway. If the proposed development is located in a floodway, no development shall be allowed.
[Amended 5-8-1989 by Ord. No. 1754]
(4) 
Verify and record the actual elevation, (in relation to mean sea level) of the lowest floor, including a basement, of all new or substantially improved structures.
[Amended 5-8-1989 by Ord. No. 1754]
(5) 
For all new or substantially improved floodproofed structures, verify and record and maintain the actual elevation (in relation to mean sea level) to which floodproofing has been done. Floodproofing proposals shall be certified by a registered engineer or architect engaged by the applicant.
(6) 
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.
(7) 
When base flood elevation data has not been provided, obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source.
(8) 
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.
(9) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(10) 
Maintain for public inspection all records pertaining to the provisions of this Article.
F. 
In order to duplicate as nearly as possible natural drainage conditions, regulations and control of stormwater runoff and erosion for any land area to be developed shall be through on-site stormwater detention and/or ground absorption systems, which include but are not limited to the following:
(1) 
Detention areas, which may be depressions in parking areas, excavated basins, basins created through use of curbs, stabilized earth berms or dikes or any other form of grading which serves to temporarily impound and store water.
(2) 
Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by use of drain outlets which restrict the stormwater runoff from the roof surface.
(3) 
Drywells or leeching basins which control stormwater runoff through ground absorption and temporary storage.
(4) 
Porous asphaltic pavement, which preserves the natural ground absorption capacity of a site and provides a subsurface reservoir for temporary storage of stormwater.
(5) 
Any system of porous media, such as gravel trenches drained by porous wall or perforated pipe, which temporarily store and dissipate stormwater through ground absorption.
(6) 
Any combination of the above-mentioned techniques which serve to limit stormwater runoff from a given site to what presently occurs there.
[Added 5-8-1989 by Ord. No. 1754]
This Article shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Roselle.
[Added 5-8-1989 by Ord. No. 1754]
No structure or land shall hereafter be constructed, located, extended, converted or altered without fill compliance with the terms of this Article and other applicable regulations. Violation of the provisions of this Article 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 Article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the provisions of § 68-13, entitled "Violations and penalties," for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Roselle from taking such other lawful action as is necessary to prevent or remedy any violation.
[Added 5-8-1989 by Ord. No. 1754]
A. 
This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However where this Article and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
B. 
In the interpretation and application of this Article, all provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Liberally construed in favor of the governing body.
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
[Added 5-8-1989 by Ord. No. 1754]
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 that land outside the areas of special flood hazard 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 Borough of Roselle, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.
A. 
Stormwater detention facilities shall be designed to contain an amount equal to the increase in volume of runoff which would result from development of any site. The volume of runoff shall be computed on the basis of the total rainfall which produced the flood of record for the area involved, and shall be equivalent to the rainfall excess, as previously defined. The total rainfall which produced the flood of record shall be determined from records of the United States Department of Commerce, National Weather Service.
B. 
The rainfall excess shall be computed for each site using accepted, published runoff coefficients which reflect land use and topography.
(1) 
Acceptable runoff coefficients currently in practice include but are not limited to the following:
Land Use Type Coefficients
Runoff
Business:
Downtown areas
0.70 to 0.95
Neighborhood areas 
0.50 to 0.70
Residential:
Single-family areas
 0.30 to 0.50
Multi-units, detached
 0.40 to 0.60
Multi-units, attached
 0.60 to 0.75
Residential (suburban) 
0.25 to 0.40
Apartment dwelling areas
0.50 to 0.70
Industrial:
Light areas 
0.50 to 0.80
Heavy areas                      
0.60 to 0.90
Parks, cemeteries                  
0.10 to 0.25
Playgrounds                        
0.20 to 0.35
Railroad yard areas                
0.20 to 0.40
Unimproved areas                  
0.10 to 0.30
Surface Type
Streets:
Asphaltic
0.70 to 0.95
Concrete
 0.80 to 0.95
Brick
 0.70 to 0.85
Drives and walks
0.75 to 0.85
Roofs
0.75 to 0.95
Lawns, sandy soil:
lat, 2%  
0.05 to 0.10
verage, 2% to 7%
0.10 to 0.15
Steep, 7% 
0.15 to 0.20
Lawns, heavy soil:
Flat, 2%
0.13 to 0.17
Average, 2% to 7%
0.18 to 0.22
Steep, 7%
0.25 to 0.35
(2) 
The range of coefficients for each land use and surface type reflects differences in land slope, intensity of development, amount of impervious surface and degree of ground saturation due to antecedent precipitation.
C. 
The runoff coefficients shall be determined for each site for both existing and proposed conditions and the difference in the two shall be used to compute the volume of rainfall excess for design of stormwater detention facilities. The volume for design is equal to the depth of the rainfall excess multiplied by the area of the site.
D. 
In the case of detention facilities utilizing porous media for wound absorption, such as drywells, porous pavement or the like, the volume of the porous media shall be large enough to contain the total volume of rainfall excess 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, and approved by the Planning Board. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.
E. 
If detention facilities utilizing surface impoundment, such as detention basins or rooftop storage, are used, sufficient volume to fully contain the total volume of rainfall excess shall be provided. The outlets of such facilities shall be designed to limit the maximum discharge rate of storm-water runoff to what occurs at the site under existing conditions and shall discharge in such a way as not to adversely affect any other property. If rooftop storage is proposed, the weight of the impounded water on the roof shall be accounted for in the structural design of the building, and the roof shall be designed to provide maximum protection against leakage. If earth berms or dikes are used to create the impounding area, they shall be adequately stabilized and the slopes protected with vegetative cover, paving or riprap to protect against failure or breaching.
F. 
If a combination of different stormwater detention techniques is used, combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.
G. 
Stormwater detention facilities shall be maintained regularly by the owner to ensure continual functioning of the systems at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. In no case shall water be allowed to remain in any facility long enough to constitute a mosquito breeding, disease or any other type of health problem. If the land containing the stormwater detention facility or facilities is dedicated to the Borough of Roselle, then the Borough of Roselle shall be responsible for maintenance.
H. 
Detention and sediment and erosion control facilities shall be designed to conform to the Standards for Soil Erosion and Sediment Control in New Jersey of the New Jersey State Soil Conservation Committee and administered by the Somerset Union Soil Conservation District, except where the Borough Engineer has determined that conditions peculiar to a certain site warrant exception.
I. 
Sediment and erosion control measures shall be installed prior to any other site development, shall apply to all aspects of the proposed development and shall be in operation during all stages of development. Increased runoff and sediment, resulting from modified soil and surface conditions caused by the proposed development, shall be minimized and, where possible, retained on site.
A. 
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Borough of Roselle, New Jersey, Union County," dated July 1978, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, are hereby adopted by reference and declared to be a part of this Article. The Flood Insurance Study is on file in the office of the Borough Engineer and Building Code Official.
[Amended 5-8-1989 by Ord. No. 1754]
B. 
No development or construction shall take place within any area of special flood hazard (floodplain) without the approval of the Planning Board, a permit from the New Jersey Department of Environmental Protection and a permit from the Roselle Building Code Official. Plans submitted to the Planning Board shall include the requirements of §§ 68-4 and 68-7 of this Article.
C. 
When base flood elevation and floodway data has not been provided in accordance with § 68-6A, Basis for establishing areas of special flood hazard, the Building 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 §§ 68-7.1B(1), Specific standards, Residential construction, and 68-7.1B(2), Specific standards, Nonresidential construction.
[Added 5-8-1989 by Ord. No. 1754]
A. 
Preservation of natural land. It is hereby found that natural floodplains display complex intimate relationships among streams, periodic flooding, soils, vegetation, fish and wildlife and that periodic flooding of lowland areas, marshes and swamps adjacent to stream channels produces a rich physical-chemical environment for many living organisms. It is further found that floodplains contain biological communities which are among the most productive of natural systems and perform the following functions essential to the natural environment:
(1) 
Passage and storage of storm floodwaters.
(2) 
Removal of sediment loads from streams through deposition.
(3) 
Replenishment of groundwater supplies through soil infiltration.
(4) 
Dissipation of energy of flood flows, thereby reducing downstream destruction.
(5) 
Provision of areas of recreational and aesthetic pleasure.
B. 
Permitted land uses.
(1) 
For purposes of this Article, permitted uses are land uses which have an inherent low flood damage potential and which do not:
(a) 
Require fill or the erection of structures.
(b) 
Require channel modification or relocation.
(c) 
Obstruct flood flows.
(d) 
Increase local runoff and/or erosion.
(e) 
Reduce ground absorption of stormwater.
(f) 
Require equipment or material storage.
(g) 
Adversely affect the water-carrying or storage capacity of any channel, floodway or floodplain.
(h) 
Cause degradation of water quality and/or the natural environment.
(2) 
Permitted uses include but are not limited to the following:
(a) 
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild-crop harvesting.
(b) 
Private and public recreation: golf courses, baseball fields, other playing fields, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and hiking and horseback riding trails.
(c) 
Residential: lawns, gardens, driveways and play areas.
(3) 
No person or persons shall engage in a permitted use within a delineated floodway until he has received a stream encroachment permit issued by the Department or within a delineated flood-fringe area until he has received approval by the Planning Board and a permit issued by the Building Code Official.
(4) 
Conditions. The Planning Board may impose such conditions on permitted uses as it deems appropriate to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve, protect and enhance the natural environment of the floodplain.
C. 
Restricted uses.
(1) 
For purposes of this chapter, restricted uses are land uses within the floodplain which involve:
(a) 
Structures (temporary and permanent).
(b) 
Fill.
(c) 
Storage of materials or equipment.
(d) 
Channel modification and/or relocation.
(e) 
Extraction of sand, gravel and other materials.
(2) 
Restricted uses, in addition, shall include but are not limited to the following, to the extent that they are not prohibited by any other local ordinance or state statute, rule or regulation:
(a) 
All uses listed under Subsection B, which involve also the factors in Subsection C(1) above.
(b) 
Railroads, streets, bridges, utility transmission lines and associated facilities and pipelines.
(c) 
Docks, piers, wharves, boat rentals and marinas.
(d) 
Storage yards.
(3) 
No person shall engage in a restricted use within a delineated floodplain until he has received a restricted use permit from the Building Code Official and a stream encroachment permit issued by the Department. The Planning Board shall notify the general public and the governing bodies and environmental commissions of other municipalities which may be affected by the proposed use as to the application. In addition, the Planning Board shall submit evidence of such notification to the Federal Insurance Administration. Such notifications shall include the name and address of the applicant, the location of the proposed use, an abbreviated description of the proposed use, an announcement as to where and at what times the complete application may be reviewed and to whom and by what date interested parties may communicate their positions concerning the application and any data that they may have developed in reference to the effects of the proposed use. The Planning Board shall review restricted use permit applications and all information received from interested parties under § 68-4B. The Building Code Official shall issue a restricted use permit only if the Planning Board finds that the proposed use:
(a) 
Has low flood damage potential.
(b) 
Either acting alone or in combination with existing or future uses does not obstruct flood flows or increase flood heights and/or velocities.
(c) 
Does not affect adversely the water-carrying capacity of any delineated floodway and/or channel.
(d) 
Does not increase local runoff and/or erosion.
(e) 
Does not stress unduly the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of ground-waters.
(4) 
In reviewing the permit application and arriving at findings, the Planning Board shall consider the following criteria:
(a) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c) 
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
(d) 
The susceptibility of the proposed use to flood damage and the effects of such damage.
(e) 
The duration, rate of rise and sediment transport of floodwaters expected at the site.
(f) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(g) 
The extent to which the hydraulic capacity of the floodway will be disrupted.
(h) 
The degree to which the proposed use serves the general public's health, safety and welfare.
(i) 
The degree to which any aspect of food chain or plant, animal, fish or human life processes are affected adversely within or beyond the proposed use area.
(j) 
The degree to which the proposed activity alters natural water flow or water temperature.
(k) 
The degree to which the proposed use provides facilities for the proper handling of litter, trash, refuse and sanitary and industrial waste.
(l) 
The degree to which irreplaceable land types will be destroyed.
(m) 
The degree to which the natural, scenic and aesthetic values at the proposed activity site can be retained.
(n) 
The degree to which materials not subject to major damage by floods are firmly anchored to prevent flotation and/or are readily removable from the area within the time available after flood warning.
(5) 
If the proposed use would violate or tend to violate the purposes and intent of this chapter, the Planning Board shall deny the application, or may approve the application subject to such permit conditions as are necessary to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve, protect and enhance the natural environment of the floodplain. These conditions may include but are not limited to the following:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Imposition of operational controls, sureties and deed restrictions.
(c) 
Requirements for construction of stormwater detention facilities, channel modifications, dikes, levee and other protective measures.
(d) 
Installation of an adequate flood warning system.
(e) 
Postponement of development until such time as protective measures are installed, or until the floodway and flood hazard areas have been delineated by the Department or the Borough of Roselle.
(6) 
Where applicable, the Planning Board shall condition restricted use permits as follows:
(a) 
Fill shall be no lower than 1 1/2 feet above the flood hazard design elevation and shall extend to a height of one foot at a distance 15 feet beyond the limits of any structure erected thereon.
(b) 
Structures on fill shall be built so that the first floor and/or basements are at a minimum of 1 1/2 feet above the base flood elevation.
(c) 
Structures not placed on fill shall be otherwise elevated so that the first floor is at a minimum of 1 1/2 feet above the flood hazard design elevation or shall be floodproofed as set forth in Subsection C(6)(d) below. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers and similar uses.
(d) 
Floodproofing measures shall be consistent with the flood protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces and other similar factors. The Planning Board shall require the applicant to submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the base flood elevation and associated flood factors. Any or all of the following floodproofing measures may be required:
[1] 
Anchorage to prevent flotation, lateral movement or collapse.
[2] 
Installation of watertight doors, bulkheads and shutters or similar devices.
[3] 
Reinforced walls to resist water pressures.
[4] 
Use of paints, membranes or mortars to reduce seepage of water through walls.
[5] 
Addition of weight to structures to resist flotation.
[6] 
Installation of pumps to lower water levels in structures.
[7] 
Construction of water supply, sanitary waste collection systems and sanitary waste treatment systems in a manner which prevents the entrance of floodwaters.
[8] 
Pumping facilities, or comparable measures, for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
[9] 
Construction that resists rupture or collapse caused by water pressure or floating debris.
[10] 
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.
[11] 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
[12] 
Storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic or hazardous materials shall be situated above the flood hazard design elevation and shall be floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into the floodwaters.
[13] 
Use of construction materials which are resistant to water damage.
All floodproofing measures shall have the certification of a registered professional engineer or architect; to the effect that such measures meet Federal Insurance Administration standards.
D. 
Preexisting structures and uses (nonconforming uses).
(1) 
Structures or land uses which existed on or before the effective date of this Article may be permitted to continue subject to the following conditions:
(a) 
If any preexisting structure is destroyed by any means, including floods, to an extent of 50% or more of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this Article.
(b) 
No preexisting structure shall be moved, altered, expanded, changed or enlarged unless a restricted use permit has been applied for and received. This provision does not apply to routine maintenance and repair, provided that such maintenance and repair does not increase the flood damage potential of the structure.
(c) 
No preexisting use of land or structures shall be modified so as to increase its flood damage potential, unless a restricted use permit has been applied for and received.
(d) 
The first (initial) use of structures completed under the provisions of this section shall be considered preexisting uses.
(2) 
If actual construction of a structure is underway on or before the effective date of this Article, then such construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. The provisions of Subsection D(1) above shall apply to such structures upon completion of construction.
(3) 
Structures in the floodway abandoned for six consecutive months or longer and structures abandoned for 12 consecutive months or longer in the flood-fringe area after the effective date of this Article shall not qualify as preexisting uses.
E. 
Prohibited uses.
(1) 
Floodplain (areas of special flood hazard).
(a) 
Manufactured homes.
[Amended 5-8-1989 by Ord. No. 1754]
(2) 
Floodway. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated floodway. The following uses shall be prohibited:
(a) 
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
(b) 
Dumping or discharging untreated domestic sewage or industrial wastes, either solid or liquid.
(c) 
The storage or disposal of pesticides.
(d) 
The storage or processing of materials that are in time of flooding buoyant, flammable or explosive.
(e) 
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
(f) 
The erection of structures for human occupancy.
(3) 
Flood-fringe area. No person shall engage in, cause  or permit other persons to engage in prohibited uses within a delineated flood-fringe area. The following uses shall be prohibited:
(a) 
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
(b) 
Dumping or discarding untreated domestic sewage or industrial wastes, either solid or liquid.
(c) 
The disposal of pesticides.
[Added 5-8-1989 by Ord. No. 1754]
A. 
General standards. In all areas of special flood hazard, the following standards are required:
(1) 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) 
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.
(2) 
Construction materials and methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) 
New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) 
Electrical, healing, 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.
(4) 
Subdivision proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
(5) 
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) 
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) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
B. 
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 68-6, Basis for establishing areas of special flood hazard, the following standards are required:
(1) 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including a basement, elevated to 1 1/2 feet above base flood elevation.
[Amended 12-16-1996 by Ord. No. 2024]
(2) 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a basement, elevated to the level of the base flood elevation or:
(a) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(b) 
Have structural components capable of resisting hydrostatic and loads and effects of buoyancy; and
(c) 
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 Building Code Official.
(3) 
Manufactured homes.
(a) 
Manufactured homes shall be anchored in accordance with § 68-7.1A(1)(b).
(b) 
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 1 1/2 feet above the base flood elevation.
[Amended 12-16-1996 by Ord. No. 2024]
C. 
Floodways. Located within areas of special flood hazard established in § 68-6A 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) 
Encroachments are prohibited, 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.
(2) 
If Subsection C(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 68-7.1, Provisions for flood hazard reduction.
(3) 
In all areas of special flood hazard in which base  flood elevation data has been provided and on floodway 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.
Flood insurance, in accordance with the National Flood Insurance Program of the United States Department of Housing and Urban Development, shall be required for all development in the floodplain.
A. 
No building permit shall be issued by the Building Code Official for any proposed structure or development to be located within any floodplain are unless the Planning Board shall have approved a site plan and any other data submitted in accordance with § 68-4 and which complies fully with all the provisions of this Article. No certificate of occupancy shall be issued by the Building Code Official unless proof has been submitted to him that all conditions of site plan approval and all other provisions of this Article have been fully complied with.
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; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.
(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.
A. 
If any person shall be aggrieved by the action of the Building Code Official or Planning Board, appeal in writing to the Borough Council may be taken within 10 days after the date of such action. The borough shall fix and notify appellant of a time and place for a public hearing on said appeal, and the appellant shall cause notice of such hearing to be published in the official newspaper of the Borough of Roselle at least 10 days prior to the hearing. All parties in interest shall be afforded an opportunity to be heard thereat. After such hearing, the Borough Council shall affirm or reverse the action of the Planning Board or Building Code Official, stating its findings for its action, and a written copy of such action shall be given to the appellant.
B. 
In passing upon such appeals, the Borough 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 availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(6) 
The compatibility of the proposed use with existing and anticipated development.
(7) 
The relationship of the proposed use of the Comprehensive Plan and floodplain management program for that area.
(8) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(10) 
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.
C. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items listed in Subsection B(1) through (5) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
D. 
Upon consideration of the factors listed above and the purposes of this chapter, the Borough Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E. 
The Planning Board shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
An ordinance entitled "An Ordinance Regulating Encroachments and Land Use in Floodways and Flood Hazard Areas and Establishing Storm Drainage Requirements Within the Borough of Roselle in the County of Union and State of New Jersey," adopted February 12, 1975, shall be and is hereby repealed.[1]
[1]
Editor's Note: The repealed ordinance comprised former Ch. 68, Floodplain and Stormwater Control, adopted 2-12-1975 as Ord. No. 1343.
Should the provisions of this chapter conflict with the provisions of any other ordinance of the Borough of Roselle, the provisions of this chapter shall take precedence.
Any person who violates any provision of this Article shall be liable to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both. Each day in which such violation continues shall constitute a separate violation or offense.
[Adopted 8-25-1982 as Ord. No. 1553]
There shall be a charge of $5 for the issuance of a flood hazard letter for residential properties, payable in advance.