The Legislature of the State of New Jersey has by the Municipal Land Use Law, R.S. 40:55D-1 and following, and by the Flood Hazard Area Control Act, R.S. 58:16A-50 and following, delegated the responsibility to local governmental units to adopt regulations designed to promote and protect the public health, safety and general welfare, including regulations relating to the use of land in flood prone areas.

a. The flood hazard areas of the Township of Mendham are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which may adversely affect the public health, safety and general welfare.

b. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

c. The Federal Insurance Administration has identified areas of special flood hazard within the Township of Mendham for purposes of the National Flood Insurance Program on maps hereinafter identified and incorporated in this chapter.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

a. To protect human life and health;

b. To minimize expenditure of public money for costly flood control projects;

c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. To minimize prolonged business interruptions;

e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

g. To insure that potential buyers are notified that property is in an area of special flood hazard; and

h. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this chapter includes methods and provisions for:

a. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

d. Controlling clearing, filling, grading, dredging, and other development which may increase flood damage; and

e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Unless specifically defined below or elsewhere in the Revised General Ordinances of the Township of Mendham, 1970, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

AREA OF SHALLOW FLOODING . A designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD . The land in the flood plain subject to a one percent or greater chance of flooding in any given year.

BASE FLOOD . A flood having a one percent chance of being equalled or exceeded in any given year.

BASEMENT . Any area of the building having its floor subgrade (below ground level) on all sides.

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.

CHANNEL . A watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water.

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, or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING . A non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood hazard the term 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.

EXCEPTION . A grant of relief by the planning board from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

FLOOD OR FLOODING . A general or temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of rivers, streams or other inland waters, and/or

b. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD FRINGE AREA . The portion of the flood hazard area not delineated as floodway.

FLOOD HAZARD AREA . The floodway and the flood fringe area as determined by the New Jersey Department of Environmental Protection pursuant to Section 3 of the New Jersey Flood Hazard Area Control Act, R.S. 58:16A-52.

FLOOD INSURANCE RATE MAP (FIRM) . The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the township.

FLOOD INSURANCE STUDY . The official report hereinafter mentioned in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD PLAIN . The relatively flat area of land which has been or may be hereafter covered by flooding.

FLOOD PLAIN MANAGEMENT REGULATIONS . Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY . The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 2 tenths of one foot.

HISTORIC STRUCTURE . Any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved State program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR . 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 lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.

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 attached to the required utilities. The term manufactured home does not include a recreational vehicle.

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.

NEW CONSTRUCTION . Structures for which the start of construction commenced on or after the effective date of this chapter.

NEW MANUFACTURED HOME PARK OR SUBDIVISION . A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.

PLANNING BOARD . The planning board of the Township of Mendham.

RECREATIONAL VEHICLE . A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION . (for other than new construction or substantial improvements under the coastal Barrier Resources Act (P.L. No. 97-348)) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, 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 or 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM . Any body either natural or man-made constantly or intermittently flowing water whether designated as a stream, brook, fill or otherwise and consisting of bed, banks and watercourse.

STRUCTURE . A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE . Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT . Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

a. any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

b. any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

This chapter shall apply to all areas of special flood hazard within the Township of Mendham.

The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Township of Mendham" dated January 5, 1982, as revised effective October 2, 1997, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, which Study and Maps may be amended from time to time. The Flood Insurance Study is on file in the office of the township clerk, Township Hall, 2 West Main Street, Brookside, New Jersey, and is hereby adopted by reference and declared to be a part of this chapter. The areas of special flood hazard as delineated at the time of the adoption of this chapter are shown upon the FIRM Flood Insurance Rate Maps and the Flood Boundary-Floodway Maps which are hereby made a part of this chapter. Any amendments to such Study or Maps after the adoption of this chapter shall also be filed in the office of the township clerk.

The following areas as identified in the above-mentioned Study and Maps are areas of special flood hazard: Any A Zone (including any unnumbered A Zone, any zone number A-1 through A-30, and AH Zone or an A-99 Zone), as well as any area within the floodway or 100-year flood boundaries. Zones which are designated B or C and lands lying between the 100-year and 500-year flood boundaries are not considered areas of special flood hazard.

No structure or land shall hereafter be constructed, located, extended, converted, altered or used without full compliance with the terms of this chapter and other applicable regulations. Any person who violates this chapter or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall. upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for each violation, provided, however, that any offense which constitutes a violation of the New Jersey Flood Hazard Area Control Act, R.S. 58:16A-50, et seq., shall be punishable by the fines imposed by R.S. 58:16A-63 which provides a maximum fine of $2,500.00 to be collected by the New Jersey Department of Environmental Protection in an action commenced pursuant to such statute. Nothing herein contained shall prevent the Township of Mendham from taking such other lawful action as is necessary to prevent or remedy any violation.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. In the event that the provisions of this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail.

In the interpretation and application of this chapter all provisions shall be:

a. Considered as minimum requirements;

b. Liberally construed in favor of the Township of Mendham; and

c. Deemed neither to limit nor repeal any other powers granted under State statutes.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Mendham, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

As to any lot which lies wholly or partially within any area of special flood hazard established in section 18-7 a Development Permit shall be obtained pursuant to this chapter prior to any of the following:

a. the issuance of a construction permit;

b. the grant of major or minor subdivision approval,

c. the grant of site plan approval; or

d. the grant of a conditional use.

An application for a Development Permit shall be made on forms available in the office of the township clerk in the Township Hall, 2 West Main Street, Brookside, New Jersey. Documents required to be submitted with an application for a Development Permit may include, but not be limited to: plans drawn to scale showing the nature, location, dimensions, and elevations of the lot and area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

Specifically, the following information shall be provided:

a. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

b. Elevation in relation to mean sea level to which any structure has been flood-proofed;

c. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in section 18-17b2; and

d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.