The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land (Ord #2-77, 19-5 701)
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished, or used, for any purpose other than that permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located (Ord #2-77, 19-5 702)
No building or part thereof shall be erected, constructed, altered or moved until a building permit has been issued by the Building Inspector No building permit shall be issued unless all the following requirements and conditions are complied with
a. All applications for a building permit shall be filed by the owner or his agent and shall state the intended use of the structure and the land All specifications for a permit for a new structure shall be accompanied by detail plans and specifications drawn to scale of one-fourth inch equals one foot (1/4" = 1') with dimensions and by a plot plan drawn to scale not smaller than one inch equals fifty feet (1" = 50') by a licensed land surveyor of the State of New Jersey The plot plans shall show the actual dimensions of all proposed and existing buildings, all open spaces, the established building line within the block, utility lines, parking or paved areas and any natural physical features upon the lot or within fifty (50') feet of said lot In addition, such other information as may be necessary or desirable to provide for the enforcement of this Article shall be provided to the Building Inspector upon his request
b. All plans, specifications and plot plans required by this Section and by any officer or body of the Township charged with the enforcement and administration of this Article shall be signed by a duly licensed architect of the State of New Jersey or by a licensed professional engineer where permitted by law, or by the owner of a one-family dwelling only if occupied by the owner. In the event the plans, specifications and plot plans have been prepared by the owner or an agent of the owner other than the above architect or engineer, the owner shall file an affidavit to that effect in accordance with State law.
c. The intended use, plans, specifications and plot plans shall conform in all respects with the provisions of this Article and with the provisions of any other applicable Township Ordinance, Code or State regulations
d. Where site or plot plan approval of an intended use is required from the Planning Board, such approval shall be obtained prior to the issuance of a building permit.
e. Where there is a question as to the suitability of a lot for its intended use due to topography, rock formations, flood conditions, public safety or other similar circumstances which in the opinion of the Building Inspector may adversely affect the health, safety or general welfare of the occupant of the lot or the public, the Building Inspector shall not issue a permit unless so ordered by the Township Council
Every building permit shall expire one (1) year from the date of issuance thereof The Building Inspector shall revoke any building permit if he finds that actual conditions and construction do not adhere to either the plans or specifications submitted to him or to any other applicable Township or State regulations A revoked building permit may not be reinstated unless the above nonadherence is corrected (Ord #2-77, 19-5 703)
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector The certificate of occupancy shall state that the use, building and premises complies with all the provisions of this Article and all other applicable Township and State requirements. Certificates of occupancy shall be granted or denied within one (1) week of application therefor being received by the Building Inspector.
a. Certificate of occupancy shall specify the use of the land or building and any circumstances or conditions imposed by any public agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, will be treated as a new use and a new certificate of occupancy shall be required pursuant to subsection 19-4 401. Prior to the issuance of a certificate of occupancy for the change in use, all provisions of this Chapter shall be complied with the same as if the new use were a new structure or a new use of land, unless waived by the Planning Board
b. No certificate of occupancy shall be issued by the Building Inspector until he has ascertained that all requirements of this Article are fully complied with. Any other applicable Township or State regulations, Board of Adjustment order, Township Council order, Township Engineer order or plot plan approved by the Planning Board shall be complied with prior to issuance of a certificate of occupancy.
c. When by reason of adverse weather conditions completion of certain site improvements would cause an undue delay, a performance guarantee may be posted to assure installation of incomplete improvements pursuant to subsection 19-4.1409 and a certificate of occupancy issued.
d. It shall be the duty of the Building Inspector to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications and the same shall form a part of the records of his office and shall be available to all officials of the Township Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected. A fee of five (5%) percent of the building Permit fee or five ($5 00) dollars, whichever is larger, shall be charged for each original certificate and one ($1.00) dollar shall be charged for each copy thereof (Ord. #2-77, 19-5.704)
Buildings and structures which are accessory to a principal use or building are permitted in all zones provided:
a. Accessory buildings in the business and industrial zones shall not exceed the height regulations of the principal building. In the residential zones no accessory building shall exceed sixteen (16') feet in height except for accessory buildings used on farms which shall not exceed thirty (30') feet in height.
b. Accessory buildings in the R-3 and R-4 Zones shall be at least six (6') feet from any principal building situated on the same lot, then (10') feet from any principal building on the same lot in all other zones and at least six (6') feet from any other accessory building.
c. Accessory buildings on corner lots may not be erected nearer to the street than the front yard requirements on the abutting lot.
d. Accessory buildings built within the front half of the side yard shall meet the side yard setback requirements for the principal building.
e. Accessory buildings in residential zones built within the rear yard and the rear half of the side yard shall be no closer than five (5') feet to any lot line, except where a rear lot line is coincidental to a side lot line there shall be a setback of at least twenty (20') feet.
f. No accessory building may be located in the front yard of any lot.
g. No accessory building may be built on any lot on which there is no principal building or structure.
h. Utility buildings as defined in subsection 19-1.2 shall comply with all of the foregoing provisions for accessory buildings, except that they shall not be an integral part of or attached to a principal building; and, in addition, they shall comply with the following requirements:
1. Utility buildings shall be anchored/attached to a concrete pad or alternatively, on four (4) concrete corner footings, each of which shall be at least twelve (12") inches in diameter; water resistant girders may be required to support the structure.
2. Utility buildings of approved construction materials shall be built in accordance with all requirements of the building code.
i. All private swimming pools as permitted in subsection 19-5.1101k shall not be located closer than ten (10') feet to any side or rear lot lines, shall not be located in the front yard of the premises upon which they are constructed and installed and shall not be located within the side yard otherwise required in the zone district wherein the property is located. The area of the private swimming pool shall not exceed twenty (20%) percent of the rear yard area of the lot upon which it is located. (Ord. #2-77, §19-5.705; Ord. #9-85, §4; Ord. #9-02, §1; Ord. #13-04, §1)
**Webmasters Note: The previous section has been amended as per Ordinance No. 13-04.
Any non-conforming use of structure existing on July 22, 1964, may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired In the event of a partial destruction thereof A non-conforming use changed to a conforming use may not thereafter be changed back to a non-conforming use. Cessation of use or failure to diligently prosecute the rebuilding of a partially destroyed building for a period of twelve (12) consecutive months shall be deemed to be an abandonment of such nonconforming use.
a. A structure or use of land which is non-conforming in use shall not be enlarged or extended in any manner whatsoever A building or use of land which is nonconforming in a manner other than use may be extended or enlarged provided that the non-conformance is not further increased
b. Nothing in this Article shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six (6) months of the date of such permit (Ord. #2-77, 19-5 706)
Where a lot is bounded by more than one (1) street, the front yard setback requirement from each abutting street shall be met The width of a corner lot measured at the front yard setback line shall be increased over the width specified in the schedule shown on the zoning map by the difference in feet between the required front yard setback and the required side yard setback. (Ord. #2-77, 19-5 707)
No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety. (Ord. #2-77, 19-5 708)
A building to be used as a residence shall not be constructed in the rear of or moved to the rear of a structure situated on the same lot, and a structure shall not be constructed in front of or moved to the front of a residence situated on the same lot (Ord #2-77, 195.709)
Any lot of record as of November 17, 1952 which fails to comply with the minimum lot area and frontage requirements of this Article may be used for any use not prohibited in the zone in which it lies, provided that the lot was in single ownership July 22, 1964 and is still in single ownership as defined in this Chapter and 'provided that all other requirements of this Chapter are complied with.
**Webmasters Note: The previous section has been amended as per Ordinance No. 10-05.
Not more than one (1) commercial vehicle shall be permitted to be stored in a residential zone, provided that said vehicle must be owned or used by a resident of the premises and further provided that the commercial vehicle shall not have a rated load capacity of more than one (1) ton. No such vehicle shall be stored in the R-1, RC or C Zones unless it is regularly garaged. This provision shall not be deemed to limit the number or type of commercial vehicles accessory to a farm. (Ord #2-77, 19-5.711)
Notwithstanding any other provisions of this Article, the parking of mobile homes and travel trailers in any zone is prohibited, except that the prohibition should not extend to one (1) unoccupied travel trailer owned by the property owner or one (1) travel trailer occupied by nonpaying guests of the property owner for a period not longer than two (2) weeks in any calendar year, if parked within the yard setback requirements of the zone in which it is parked (Ord #2-77, 1-5.712)
No building or use which is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property shall be constructed, erected or used (Ord #2-77, 19-5 713)
In the business and industrial zones, no article or material shall be kept, stored or displayed outside the confines of the building unless the same is so screened by special planting and fence as approved by the Planning Board so that it is not visible from any adjacent residential zone or public street In instances where there is suitable existing plant materials appropriate measures shall be taken to adequately protect such plant materials during construction and supplemental plantings shall be provided as necessary to achieve an effective screen Otherwise, a planting area at least twenty (20') feet in width shall be provided, where necessary, at the periphery of the outdoor storage area for new plantings which shall include staggered rows of evergreen trees, shrubs where appropriate and suitable ground covers
In the residential zones, outdoor storage is prohibited. This shall not be construed to prohibit the storage or display of shrubbery grown on the premises Outdoor storage as permitted and regulated in this subsection is only permitted in the side and rear yards Seasonal farm produce grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened.
Within any residential zone, no motor vehicle shall be permitted to be stored or repaired (including, but not limited to, removal of wheels) outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition, or be unregistered by not having a valid vehicle registration with the State of New Jersey Division of Motor Vehicles for the current year or same to be left on blocks or other similar devices.
No public garage or service station and new or used automobile sales establishment shall store outside, in a side or front yard, wrecked, damaged or disassembled (either whole or in part) motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof Any such storage area located in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front of the premises or to any adjacent premises (Ord. #2-77, 19-5 714; Ord #28-81, 2)
No lot shall contain more than one (1) principal building, provided however, that more than one (1) principal building will be permitted in the B-2A, B-2B, I-1, I-2, AH, T-1, T-3, T-4, PARC and OB-4 Zones if they conform to all of the following requirements:
**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 18-01.
a. No lot upon which a residential structure exists shall be permitted a second principal use except as otherwise permitted in Section 19-5.11.
b. No lot upon which more than one (1) principal building is located shall be less than five (5) acres, except in the T-3 zone for any lot to be developed for low and moderate income housing.
c. In the B-2A Zone, no such lot shall have a principal highway frontage of less than four hundred (400') feet.
d. A principal building as permitted shall not be closer to another principal building that forty (40) feet in the B-2A and OB-4 Zones nor sixty (60') feet in the I-1 and I-2 zones
**Webmasters Note: The previous subsection (d.) has been amended as per Ord. No. 12-02.
e. Plans for all internal improvements, including, but not limited to access drives, storm drainage, water and sanitary sewer services shall be submitted for the entire development as part of the original site plan application. Primary access drives and related storm drainage, water, sanitary sewer and other service facilities essential to the viability of the overall project as determined by the Planning Board shall be installed prior to the issuance of a certificate of occupancy for any part thereof. Any change to the original site plan shall be subject to the approval of the Planning Board.
f. No structure or uses shall be located closer to the front, side or mar lot lines than the minimum distances required by its zone district.
g. Any subsequent subdivision of such multiple use development shall take place only in compliance with all the provisions of this and other Township Ordinances on the basis of one (1) principal use on a lot, with provision for all required area, frontage and setback requirements.
h. Any development within the AH Affordable Housing Zone or within the T-1, T-3, T-4 or PARC Zones requiring more than one principal building on the original parcel or lot shall be subject to all of the rules and regulations established in Sections 19-5.24, 19-5.25, 19-5.25B, 19-5.25C and 195.25D respectively herein.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18-01.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this Article. If already less than the minimum required under this Article, the area or dimension shall not be further reduced. No area or space or parking facility approved by the Planning Board, Board of Adjustment or Township Council shall be changed or reduced without the approval of the body. (Ord. #2-77, 19-5.716)
When a new lot or lots are formed from part of a parcel of land, the subdivision must be effected in such a manner as not to impair any of the provisions of this Article (Ord. #2-77, 19-5.717)
On any corner lot in any residential district, no fence, structure or planting over thirty (30") inches in height above the roadway shall be erected or maintained within twenty (20) feet of the corner so as to interfere with traffic visibility across the corner. (Ord. #2-77, 19-5 718)
Walls and fences are permitted in the required yards of all zones provided they are not higher than four (4') feet In all residential zones, fences not higher than six (6') feet are permitted in the side and rear yards, provided they are not more than ten (10%) percent solid. Fences more than ten (10%) percent solid are permitted only in the rear yards of residential zones, provided they do not exceed six (6') feet in height. On residential lots having an area of fifteen thousand (15,000) square feet or greater, fences more than ten (10%) percent solid and up to six (6') feet in height may be extended into the side yard, provided, however, any fence so extended shall not be permitted where a principal building on any lot is closer than thirty (30') feet at any point to the proposed fence
In the business and industrial zones, fences or walls not exceeding seven (7) feet in height shall be permitted in the side and rear yard. A fence or wall used for screening, if required by the Planning Board may be higher. (Ord. #2-77, 19-5.720)
Every lot must provide front, rear and side yards as required for its zone All front yards must face upon an improved public or private street or right-of-way. (Ord. #2-77, 19-5.721; Ord. #19-88, 5)
Notwithstanding any other provisions of this Article, the parking of boats in any residential district is prohibited, except that the prohibition should not extend to one (1) boat not to exceed thirty (30') feet in length if kept on a trailer or other support and owned by the property owner, when placed within the yard setback requirements of the zone in which it is parked. (Ord. #2-77, 19-5.722)
No one- or two-family residential buildings or structures shall hereafter be erected, extended, enlarged or altered in any residence district which shall be like or substantially like any building or structure on a lot adjoining on the same side of the street or a lot, any part of the street line frontage of which is across the street from the lot, then in existence or for which a building permit has been issued and is then outstanding, or which is included in the same building permit application, in more than three (3) of the following six (6) respects
a. The same basic roof design in height or style.
c. The same front elevation in terms of location, height and design of porches, if any.
d. The same front elevation in terms of location and design of attached garage.
f. The same basic plan without substantial differentiation in setback elements of the plan. (A setback with a difference of four (4') feet or more is not considered the same.) (Ord #2-77, 19-5.723)
**Webmaster's Note: As per the original ordinance, there is no subsection e.
a. Flood Losses Resulting From Periodic Inundation. Within the Township of Denville, there exists certain flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare
b. Definitions As used in this subsection-
BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides
BREAKAWAY WALL shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system
CHANNEL shall mean a natural depression of perceptible extent, with definite beds and banks to confine and conduct flowing water either continuously or periodically.
CUT shall mean the removal of non-buoyant, impervious, solid material which results in an increase in the storage capacity of the if flood plain.
**Webmaster's Note: The previous definition has been added as per Ordinance 14-98
DEVELOPMENT shall mean 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 operation.
ELEVATED BUILDING shall mean a non-basement building, (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor 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 (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. 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
FILL shall mean any approved material placed or deposited within the flood plain or the watercourses that create them which will displace floodwaters.
**Webmaster's Note: The previous definition has been added as per Ordinance 14-98
FLOOD FRINGE shall mean that portion of the flood hazard area outside of the floodway, but inside the one hundred (100) year flood plain.
FLOOD HAZARD AREA shall mean the floodway and any additional portions of the flood plain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This constitutes the total area inundated by the one hundred (100) year design flood.
FLOOD PLAIN shall mean an area, usually a relatively flat or lowland area adjoining a river, stream or watercourse, which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.
FLOODPROOFING shall mean any combination of structural and non-structural addition, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings
FLOODWAY shall mean the channel of a natural stream and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.
OBSTRUCTION shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, rectification, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, or matter, in, along, across or projecting into any natural stream or flood plain which may impair, 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.
100-YEAR FLOOD shall mean a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average once every one hundred (100) years, the term also means that level of flooding having a one (1%) percent probability of occurrence in any year
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 one hundred eighty (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.
SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the property either (a) before the improvement is started or (b) if the property has been damaged and is being restored, before the damage occurred Substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences
WATER SURFACE ELEVATION DATA shall mean the elevation in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the flood plains of coastal areas.
c. General Causes of Flood Losses Such flood losses are caused by:
1. The cumulative effect of obstructions in floodways causing increases in flood heights and velocities.
2. The occupancy of flood hazard areas by uses vulnerable to floods or hazards to others which are inadequately elevated or otherwise protected from flood damages.
d. Methods Used to Analyze Flood Hazards This Section uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
1. Selection of a regulatory flood which is based upon engineering calculations which permits a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The regulatory flood selected for this subsection is representative of large floods known to have occurred in this region and are reasonably characteristic of what can be expected to occur on the particular streams subject to this Section it is the general order of floods which could be expected to occur on the average once every one hundred (100) years
2. Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
3. Computation of floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development
4. Delineation of floodway and encroachment lines within which no obstruction is permitted which would cause such damage.
5. Delineation of the flood plain, i e , that area outside of the floodway encroachment line but which is still subject to inundation by the regulatory floods of one hundred (100) year reoccurrence.
e. Statement of Purpose It is the purpose of this subsection to promote the public health, safety and general welfare and to minimize those losses described in paragraph d.2 above by provisions designed to
1. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities
2. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
3. To assist in protecting individuals from buying lands which are unsuited for intended purposes because of flood hazard
f. Flood Hazard Area Created. There are hereby created within the Township of Denville flood hazard areas as delineated on the Flood Insurance Rate Map panel numbers 1-6, inclusive, (community #345292) as prepared by the Federal Emergency Management Agency and effective April 17, 1985, which map is hereby adopted by reference. Where because of the scale of this map there is a question as to the exact location of a specific boundary of the flood plain, those boundaries shall be determined by the elevations indicated on this map in conjunction with accurate topographic information. The tax maps of the Township of Denville as last amended are intended to be true representations of the flood plain areas shown on said flood insurance rate map.
g. Permitted Uses in Flood Hazard Areas The uses permitted within any flood hazard area are those uses permitted and regulated by this subsection for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Township of Denville Zoning Map, subject to the following further limitations:
1. Proposed permanent structures within the portion of the one hundred (100) year flood plain which lies beyond the floodway, shall have basement floor or lowest floor elevations one (1) foot above the level of the one hundred (100) year flood. Exceptions may be granted by the local government only for non-residential structures, which together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the one hundred (100) year flood Such floodproofing shall be certified to by a licensed engineer.
2. No permanent building structures and/or substantial improvements are to be built within the floodway If it is determined by the Planning Board, based on the advice of the Township Engineer, that the proposed Structure and/or substantial improvement will be located within the floodway the site plan application shall be submitted to the New Jersey Department of Environmental Protection for a determination of the floodway for that location
3. No use, including landfill, shall be permitted within the flood hazard area if the proposed use, in conjunction with all other uses permitted since enactment of this subsection, would increase water surface elevations of the one hundred (100) year flood more than two-tenths of one (0.2') foot An applicant for such land use shall be required to submit for review a plan showing the effects of his proposed action on future flood heights
4. Land fill may be permitted within the one hundred (100) year flood hazard area to raise existing buildings, dwellings, roadways, sidewalks and driveways
5. To the extent existing data permits, all proposed developments and improvements within the eligible area shall be designed and constructed in accordance with all of the other requirements of the Land Use Ordinance.
6. Any relocation or realignment of any river or stream channel within the Township shall be prohibited if it would reduce the natural valley storage capacity with respect to the one hundred (100) year flood No such relocation or realignment shall be permitted without prior written approval of the New Jersey Department of Environmental Protection and notification of adjacent municipalities and the Federal Insurance Administrator No river or stream within the Township having a watershed area in excess of fifty (50) acres shall be confined in a pipe or conduit except to cross streets and rights-of-way.
7. Protection of Floodway. No "obstruction" shall be permitted in the floodway without the consent of the New Jersey State Department of Environmental Protection and the local authority.
h. Submission of Site Plan. Notwithstanding any other provisions of this subsection, no development shall take place and no structure shall hereafter be erected, constructed or substantially improved within any Flood Hazard Areas unless and until a site plan shall have been submitted to the Planning Board for review and approval in accordance with Article 4 of this Chapter. Said site plan shall, in addition to the information required under subsection 19-4.1405 of this Chapter, show the following information:
1. The existing and proposed contours at a contour interval of one foot at the USGS datum and the volume of fill in cubic yards added to the property.
2. The proposed elevation of the levels of the lands involved at the corners of the foundation of any structure or structures
3. A sectional view showing elevations of the proposed structure.
4. The layout and elevations of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing and to service the premises in question
5. All new developments greater than fifty (50) lots or five (5) acres, whichever is less, shall include base flood elevation data
i Requirements in Flood Hazard Area. The Planning Board and Township Engineer shall not approve any site plan within the one hundred (100) year flood plain area unless and until it is satisfied that the following requirements have been met
1. The lowest floor level including the basement of any proposed structure shall be higher by one (1) foot than the level of the basic flood level established by the Federal Insurance Administrator
2. Proper facilities have been or will be provided for potable water and for the disposal of sanitary sewage and of storm drainage and that such facilities are located and designed to be consistent with the need to minimize flood damage.
3. Any proposed structure, when built, may be occupied without peril to the health or safety of the occupants
4. Any proposed structure or attendant protective measures will not impede the flow of surface waters through any watercourse or cause an unacceptable increase in flood heights or velocities
5. All necessary permits have been received from those governmental agencies from which approval is required by Federal and State Law
6. All new construction shall be anchored to prevent flotation and lateral movement and shall be constructed with flood constant material and methods
7. Electrical, beating, 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
8. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided The bottom of all openings shall be no higher than one (1') foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
9. New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including basement, elevated to one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall- (i) be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water, OD have structural components capable to resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (iii) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards methods of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in paragraph k
10. All fill being placed within the Flood Hazard Area shall be matched by an equal amount of cut so that there is strict compliance with the Master Plan's net fill policy.
**Webmasters Note: The previous subsection has been amended as per Ordinance 14-98
j. Time Limits The Planning Board shall act upon any site plan submitted under paragraph h above within ninety-five (95) days of the date of filing thereof, or such other extension of time as the applicant may agree Failure to act within said time limit shall be deemed to be a denial of any site plan submitted
k. Issuance of Permits No building permit shall be issued by the Building Inspector for any proposed structure to be located within the permitted flood hazard area unless and until the Planning Board shall have approved a site plan submitted in accordance with this Section Upon approval or denial of any site plan required by this Section, the Secretary of the Planning Board shall forthwith notify the Building Inspector thereof No certificate of occupancy shall be issued by the Building Inspector unless and until proof has been submitted to him that all conditions of the site plan approval have been fully met and complied with
l. Boundary Amendment. The boundaries of the flood hazard areas as shown on the Flood Hazard Map shall be subject to amendments to conform with any amended boundaries identified by the Federal Insurance Administrator As the watersheds are developed, the size of the One Hundred (100) Year Flood Hazard Area will increase, requiring periodic revisions in the Flood Hazard Map which shall be prepared and certified to by a licensed engineer of the State of New Jersey
m. Flood Regulations Take Precedent Within the boundaries of the Flood Hazard Areas, the laws and ordinances concerning flood plains, floodproofing, floodway preservation and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances and codes
n. When base flood elevation and floodway data has not been provided in accordance with subsection 19-5 724 f, Flood Hazard Area Created, the Planning Board shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer paragraph g, "Permitted Uses in Flood Hazard Areas," paragraph h. "Submission of Site Plan," and paragraph i, "Requirements in Flood Hazard Area "
o Information to Be Obtained and Maintained It shall be the duty of the Township Engineer to.
1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement
2. For all new or substantially improved floodproofed structures
(a) Verify and record the actual elevation (in relation to mean sea level), and
(b) Maintain floodproofing certifications as required
3. Maintain for public inspection all records pertaining to the provisions of this subsection (Ord #2-77, 19-5 724; Ord #18-78, 1, Ord #2078, 1, Ord #14-85, 1, Ord #16-88, 1-5, Ord #16-91, 1)
