The disposal of construction debris and vegetative waste material upon or under the surface of property within Roxbury Township is prohibited.

A. Flood Losses Resulting from Periodic Inundation. Within the Township of Roxbury, there exist 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 for Development Controls with Flood Hazard Area Only.

1. BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides.

2. 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.

3. CHANNEL shall mean a natural depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

4. 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.

5. ELEVATED BUILDING shall mean a non-basement building a) built in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts or piers), or shear walls parallel to the flow of the water and b) 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.

6. 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 100-year design flood.

7. 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.

8. FLOODPROOFING shall mean any combination of structural and nonstructural additions, 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.

9. 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 100-year flood flow of any natural stream, without increasing the water surface elevation more than two tenths (.2) of a foot.

10. FLOOD FRINGE shall mean that portion of the flood hazard area outside of the floodway, but inside the 100-year flood plain.

11. LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.

12. 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 of property.

13. 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 100 years; the term also means that level of flooding having a one percent probability of occurrence in any year.

14. START OF CONSTRUCTION includes substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start 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 the excavation for basements, footings, or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.

15. SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 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.

16. WATER SURFACE ELEVATION DATA shall mean the elevations 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 regulated flood which is based upon engineering calculations which permits a consideration of such flood factors as its expected frequency of occurrence, the area of inundation and the depth of inundation. The regulated flood selected for this Section 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 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 which cannot increase the water surface elevation more than two-tenths of a foot 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 the floodway encroachment line but which is still subject to inundation by the regulatory floods of 100-year reoccurrence.

6. When base flood elevation and floodway data has not been provided in accordance with this Section, the Planning Board, Township Engineer and Construction 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 these regulations.

E. Statement of Purpose. It is the purpose of this Section to promote the public health, safety and general welfare and to minimize those losses described in paragraph (c) 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 Areas Created. There are hereby created within the Township of Roxbury flood hazard areas as delineated by a scientific and engineering report, entitled "The Flood Insurance Study for the Township of Roxbury dated December 15, 1982," on Flood Insurance Rate Maps (FIRM) and Flood Boundary-Floodway Maps prepared by the Federal Insurance Administration (FIA) effective date December 15, 1982. For the purpose of administering the land use control measures of this Section, these boundaries are also shown on the Township of Roxbury Zoning Map, as amended. The Zoning Map delineations of flood hazard areas are intended to be true representations of the areas shown on the Federal maps. Where, because of the scale of the Zoning Map, there is a question as to the location of a specific boundary of the flood area, those boundaries shown on the Federal maps shall govern.

G. Permitted Uses in Flood Hazard Areas. The uses permitted within any flood hazard area are those uses permitted and regulated in this Ordinance for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Township of Roxbury Zoning Map, subject to the following further limitations:

1. Proposed permanent structures within the portion of the 100-year flood plain which lies beyond the floodway, shall have basement floor or lowest floor elevations one foot above the level of the 100-year flood. Exceptions may be granted by the Planning Board only for nonresidential structures, which together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100year flood.

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 may be located within the floodway, the development plan application shall be submitted to the New Jersey Department of Environmental Protection for a determination of the floodway for that location.

3. No new development, including landfill, shall be permitted within the flood hazard area if the proposed development, in conjunction with all other uses permitted since the enactment of the Ordinance, would increase water surface elevations of the 100-year flood more than two tenths of one 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. Landfill may be permitted within the 100-year flood hazard area to raise existing buildings, dwellings, roadways, sidewalks and driveways.

5. To the extent existing data permits, all proposed developments including substantial improvements within the flood hazard area shall be designed and constructed in accordance with all of the other requirements of 44 CFR, 60.3D of the National Flood Insurance Program Regulations.

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 100-year flood. No such relocation or realignment shall be permitted without prior written approval of the New Jersey Department of Environment 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 50 acres shall be confined in a pipe or conduit except to cross streets and rights-of-way except as specifically approved by the Planning Board.

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 a Development Plan. Notwithstanding any other provisions of this Ordinance, 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 development plan shall have been submitted to the Planning Board for review and approval in accordance with this Ordinance. Said development plan shall, in addition to the information required under subsection 13-3.8 of this Ordinance, 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. The 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 50 lots or five acres, whichever is less, shall include base flood elevation data.

1. Requirements in Flood Hazard Area. The Planning Board and Township Engineer shall not approve any development plan within the 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 foot than the level of the base flood level established by the Federal Insurance Administration.

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. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage so that any proposed structure, when built, may be occupied without peril to the health or safety of the occupants.

4. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5. 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.

6. All necessary permits have been received from those governmental agencies from which approval is required by Federal and State Law.

7. All new construction shall be anchored to prevent floatation and lateral movement and shall be constructed with flood resistant materials and methods.

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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

J. Time Limits. The Planning Board shall act upon any development plan submitted under paragraph (h) above within 90 days of the date of the filing thereof, or such other extension of time as the applicant may agree.

K. Issuance of Permits. No building permits shall be issued by the Construction Official for any proposed structure to be located within the permitted flood hazard area unless and until the Planning Board shall have approved a development plan submitted in accordance with this Section. Upon approval or denial of any development plan required by this Section, the Secretary of the Planning Board shall forthwith notify the Construction Official thereof. No Certificate of Occupancy shall be issued by the Construction Official unless and until proof has been submitted to him that all conditions of the development plan approval have been fully met and complied with. In addition, the Construction Official shall:

1. Require the applicant to furnish information, verify and record the actual elevation of the lowest floor of all new or substantially improved structure and whether or not a structure contains a basement.

2. For all new or substantially improved flood proof structures, verify and record actual elevations and maintain the flood proofing certificate required.

3. Maintain for public inspection all records pertaining to this Ordinance.

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 100-year flood hazard area will increase, requiring periodic revisions in the Flood Hazard Map which shall be prepared by and certified to by a licensed engineer of the State of New Jersey.

M. Flood Regulations Take Precedence. Within the boundaries of the flood hazard areas, the laws and ordinance concerning flood plains, floodproofing, floodway preservation and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances and codes.

It has been determined that within the Township of Roxbury there exists certain sites and structures that exhibit architectural, historical and/or cultural values reflecting the Township's heritage; and, that it is in the public interest and a matter of public policy to encourage the preservation and protection of such sites and structures. To this end, it is the intent and purpose of this section to establish Historic Preservation Districts and review procedures of an advisory nature within these districts which would promote the use of designated structures, sites and areas for the education and welfare and pleasure of present and future generations of Roxbury residents as well as residents of Morris County and to foster a sense of civic pride and to stabilize and improve property values within historic districts.

A. Historic Preservation Districts Created. Within the Township of Roxbury, there are hereby created "Historic, Preservation Districts", as shown on a map entitled, "Historic Preservation Districts", dated January 2, 1984, as amended in October 2001."

**Webmasters Note: The previous subsection has been amended as per Ord. No. 33-01.

B. Uses and Regulations. The uses and regulations permitted in Historic Preservation Districts shall be those requirements established by the various zone districts of Section 13-7.4 and such additional regulations as are stated herein which shall apply to structures within the districts shown on the Historic Preservation Districts Map.

C. Historic Preservation District Requirements.

1. Building permit issuance No building permits shall be issued for new construction. alterations, additions, repairs or replacements within the established Historic Preservation District until the plane for such construction, alterations, additions, repairs or replacements have been reviewed by the Historic Advisory Committee (HAC) established under Subsection 2-6 10 of the Township Administrative Code No permit shall be issued for relocation or the demolition or structure within the established Historic Preservation District unless the HAC has reviewed the significance of the structure being relocated or removed.

**Webmasters Note: The previous subsection (1) has been amended as per Ord. No. 33-01.

2. Subdivision and site plan review. No subdivision or site plan affecting historic sites, structures or historic districts shall be approved by the Planning Board or Zoning Board of Adjustment without the proposed development being referred to the Historic Advisory Committee for advice and comments. Upon receipt of a subdivision or site plan located within the Historic Preservation District, the Secretary for the Planning Board or Zoning Board of Adjustment, as the case may be, shall forward the site plan to the HAC for its review and comment. The Secretary for the Board shall advise the Committee of the scheduled hearing date for the site plan application. The HAC shall submit its comments to the approving authority within 45 days of transmittal by the Board's Secretary.

D. Exemptions. Within a Historic Preservation District zone, the following activities shall not require review as set forth in this subsection:

1. Repair or replacement of roof surfaces that do not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

2. Repair or replacement of windows that do not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

3. Repair or replacement of siding that does not require alteration of the exterior architectural configuration nor changes in the characteristics of the structure.

4. Installation of swimming pools or fences,

5. Installation or replacement of landscaping.

6. Construction, repair or replacement of accessory buildings.

7. Construction, repair or replacement of solar panels and other energy saving devices.

8. Any construction, alteration, addition or repair that is inside of the structure and does not change the exterior appearance of the building, or that is on a side of the building that is not visible from a public right-of-way.

In determining whether a proposed repair, replacement or construction will, in fact, alter the exterior architectural appearance of a structure, as set forth in exceptions (1), (2), (3) and (8) above, the owner, Code Enforcement Officer or Zoning Officer may apply to the Historic Advisory Committee for a determination as to the necessity for a formal review of the proposed improvement. This determination must be made within ten calendar days of the request, or the proposed repair, replacement or construction will be considered as exempt from these requirements.

E. Definitions. For the purpose of this subsection, certain terms are defined as follows:

1. ADDITION means any work done to expand, enlarge or add to an existing structure when such new work changes the exterior architectural appearance of any historic site or structure.

2. ALTERATION means any work performed on an existing structure when such alteration changes the architectural appearance of the exterior surface of any improvements.

3. DEMOLITION means the razing of any structure or the obliteration of any natural feature of any historic site or structure.

4. REPAIR means any work performed on any structure which is not an addition to the improvement and does not change the architectural appearance of the exterior surface of any improvement and requires a building permit.

5. REPLACEMENT shall mean repairs when a building permit is required for same.

6. EXTERIOR ARCHITECTURAL APPEARANCE shall mean the architectural style, design, general arrangement and components of all outer surfaces of an improvement, including but not limited to the kind and texture of the building material and type and style of all windows, doors, lights, signs, decorative elements and other fixtures appurtenant to such improvements.