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NORTH HANOVER TOWNSHIP
TOWNSHIP COMMITTEE MEETING MINUTES
September 7, 2017, 7:00 P.M.
CALL TO ORDER
Mayor DeLorenzo called the meeting to order at 7:00 p.m.FLAG SALUTE:
Led by Mayor DeLorenzo and followed by a moment of silence.ROLL CALL:
Mayor DeLorenzoDeputy Mayor DeBaecke
Committeeman Doyle
Committeeman Kocubinski
Committeeman O’Donnell
Absent: None
Also Present: Clerk Picariello and Township Attorney Roselli
SUNSHINE STATEMENT
: “The provisions of the Open Public Meetings Act have been met.Notice of this meeting has been transmitted by email to the Courier Post, Burlington County Times
and The Trenton Times as well as given to those having requested same and posted on the
Township bulletin board located in the foyer of the municipal building”.
PUBLIC COMMENT AS IT RELATES TO AGENDA ITEMS
Mayor DeLorenzo opened the meeting to the public. There were no public comments this evening.
MOTION TO CLOSE PUBLIC COMMENT
Proposed By: Deputy Mayor DeBaecke
Seconded By: Committeeman Doyle
REVIEW OF CORRESPONDENCE
Clerk Picariello reviewed the following items.
1.
Burlington County Department of Solid Waste global recycling issueMayor DeLorenzo stated he would attend the tour. The other Committee members stated they
would check their schedules and let Clerk Picariello know their availability.
2.
North Hanover Township Summer RecreationENGINEER’S REPORT
Engineer Hirsh reported the Burlington County Park grants will be announced at their October
meeting. He reviewed the bids received for the Provinceline Road Contract.
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MINUTES FOR APPROVAL
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August 17, 2017 – Regular MeetingCOMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
XCommitteeman Doyle
X XCommitteeman Kocubinski
X XCommitteeman O’Donnell
XMayor DeLorenzo
XBILLS AND CLAIMS FOR APPROVAL
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XORDINANCE – ADOPTION
2017-11 An Ordinance of the Township of North Hanover, Burlington County Establishing
Four (4) Ton Weight Limit on Certain Roadways within the Township of North
Hanover
COUNTY OF BURLINGTON
TOWNSHIP OF NORTH HANOVER
ORDINANCE 2017- 11
AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, COUNTY OF BURLINGTON, STATE OF NEW
JERSEY, EXCLUDING VEHICLES OVER DESIGNATED WEIGHT FROM CERTAIN STREETS WITHIN THE
TOWNSHIP AND TO MAKE CERTAIN EXCEPTIONS
NOW, THEREFORE,
be it ordained by the Township Committee of the Township of North Hanover, inthe County of Burlington, New Jersey as follows:
SECTION 1: PURPOSE
The purpose of this Ordinance is to exclude vehicles over designated weight from certain streets within the
Township and to make exceptions for trucks making local pick up or deliveries of merchandise or other property
along such streets, trucks used by public utility companies in connection with the construction, installations,
operation or maintenance of public utility facilities, the Township, the County of Burlington or the State of New
Jersey in connection with the maintenance or snowplowing of roads in the Township, including trucks furnishing
materials for said maintenance or snowplowing or in connection with Burlington County’s collection of recyclable
materials, any Police or Fire Department or Board of Education in the performance of its duties, and any persons
engaged in the collection of residential garbage.
SECTION 2: ORDINANCE
A. Vehicles having a total combined gross weight of vehicle and load in excess of four (4) tons are hereby
excluded from the following streets or parts of streets set forth herein:
NAME OF STREET LOCATION
Jones Mill Road Entire Length
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Streeker Road Entire Length
Larrison Road Entire Length
B. Nothing in this article shall be construed to prohibit the minimum use of said Township roads by a truck
whose combined gross weight of vehicle and load in excess of four (4) tons where such is necessary for the
following purposes relating to premises abutting the Township roads identified herein or to exclude from the roads
identified herein, any vehicle used for:
(1) Vehicles making local pick-up or deliveries of merchandise or other property along such roads;
(2) Public utility companies in connection with the construction, installation, operation or
maintenance of public utility facilities in the Township;
(3) The Township, the County of Burlington or the State of New Jersey in connection with the
maintenance or snowplowing of roads, including trucks furnishing materials for said maintenance or
snowplowing or in connection with the County of Burlington or Township’s collection of recyclable
materials;
(4) Any Police or Fire Department or Board of Education vehicle in the performance of its duties; or
(5) Any persons or company engaged in the collection of residential garbage.
SECTION 4. In the event that any portion of this ordinance is determined to be invalid, such determination shall
not affect he remaining portions of ordinance, which are hereby declared to be severable.
SECTION 5. All ordinance or parts thereof, which are inconsistent with the provisions of this Ordinance, are
hereby repealed to the extent of such inconsistency.
SECTION 6. This ordinance shall take effect immediately after final passage and publication according to law.
MAYOR OPENS THE MEETING TO THE PUBLIC
Mayor DeLorenzo opened the meeting to the public. There were no public comments this
evening.
MOTION TO CLOSE PUBLIC HEARING
Proposed By: Deputy Mayor DeBaecke
Seconded By: Committeeman O’Donnell
MOTION TO ADOPT ORDINANCE 2017-11
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
XCommitteeman Doyle
XCommitteeman Kocubinski
X XCommitteeman O’Donnell
X XMayor Delorenzo
XORDINANCE – INTRODUCTION
2017-12 An Ordinance Rescinding and Replacing Prior Ordinance of the Township of North
Hanover, County of Burlington, State of New Jersey, Establishing Regulations
Pertaining to Flood Hazard Areas within the Township of North Hanover in
accordance with N.J.S.A. 40:48 ET. SEQ.
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TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
ORDINANCE 2017-12
AN ORDINANCE RESCINDING AND REPLACING PRIOR ORDINANCE OF THE
TOWNSHIP OF NORTH HANOVER, COUNTY OF BURLINGTON, STATE OF NEW
JERSEY, ESTABLISHING REGULATIONS PERTAINING TO FLOOD HAZARD AREAS
WITHIN THE TOWNSHIP OF NORTH HANOVER IN ACCORDANCE WITH N.J.S.A.
40:48-1 ET. SEQ.
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND OBJECTIVES
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq., delegated the
responsibility to local governmental units to adopt regulations designed to promote public
health, safety, and general welfare of its citizenry. Therefore, the Township Committee of the
Township of North Hanover of Burlington County, New Jersey does ordain as follows:
1.2 FINDINGS OF FACT
a) The flood hazard areas of the Township of North Hanover are subject to periodic
inundation which results 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) 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, causes damage in other areas. Uses that are inadequately flood proofed,
elevated or otherwise protected from flood damage also contribute to the flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance 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 to:
a) Protect human life and health;
b) Minimize expenditure of public money for costly flood control projects;
c) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
d) Minimize prolonged business interruptions;
e) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, bridges located in areas of special flood hazard;
f) 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) Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
h) Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions for:
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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 floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
d) Controlling 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.
SECTION 2.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this ordinance it’s most
reasonable application.
AO Zone
- Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheetflow on sloping terrain) where average depths are between one and three feet.
AH Zone-
Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually areasof ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs)
derived from detailed hydraulic analyses are shown in this zone
Appeal —
A request for a review of the Township’s local Administrator, as the case may be,interpretation of any provision of this ordinance or a request for a variance.
Area of Shallow Flooding
— A designated AO or AH zone on a community's Digital FloodInsurance Rate Map (DFIRM) with a one percent annual or greater 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
—Land in the floodplain within a community subject to a onepercent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V,
VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
Base Flood
—a flood having a one percent chance of being equaled or exceeded in any given year.Base Flood Elevation (BFE) –
The flood elevation shown on a published Flood Insurance Study(FIS) including the Flood Insurance Rate Map (FIRM). For zones AE, AH, AO, and A1-30 the
elevation represents the water surface elevation resulting from a flood that has a 1-percent or
greater 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.Breakaway Wall
— A wall that is not part of the structural support of the building and is intendedthrough 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.
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Development
— Any man made change to improved or unimproved real estate, including but notlimited 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.
Digital Flood Insurance Rate Map (DFIRM)
— The official map on which the Federal InsuranceAdministration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
Elevated Building
— A non-basement building (i) built, in the case of a building in an Area ofSpecial Flood Hazard, to have the top of the elevated floor, elevated above the base flood
elevation plus freeboard 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 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.
Existing Manufactured Home Park or Subdivision
— A manufactured home park or subdivisionfor 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 before the
effective date of the floodplain management regulations adopted by a community.
Flood or Flooding
— A general and temporary condition of partial or complete inundation ofnormally dry land areas from:
a) The overflow of inland or tidal waters and/or
b) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM)
— The official map on which the Federal InsuranceAdministration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
Flood Insurance Study (FIS)
— The official report in which the Federal Insurance Administrationhas provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface
elevation of the base flood.
Floodplain Management Regulations
— Zoning ordinances, subdivision regulations, buildingcodes, health regulations, special purpose ordinances (such as a floodplain 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.
Flood proofing
— Any combination of structural and nonstructural additions, changes, oradjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
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Floodway
— The channel of a river or other watercourse and the adjacent land areas that must bereserved in order to discharge the base flood without accumulatively increasing the water
surface elevation more than 0.2 foot.
Freeboard
— A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
Highest Adjacent Grade
— The highest natural elevation of the ground surface prior toconstruction next to the proposed or existing walls of a structure.
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 or a 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 unfinishedor 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 non-elevation
design requirements of 44 CFR Section 60.3.
Manufactured Home
— A structure, transportable in one or more sections, which is built on apermanent 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 contiguousparcels) of land divided into two (2) or more manufactured home lots for rent or sale.
New Construction
— Structures for which the start of construction commenced on or after theeffective date of a floodplain regulation adopted by a community and includes any subsequent
improvements to such structures.
New Manufactured Home Park or Subdivision
— A manufactured home park or subdivision forwhich 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 floodplain management regulations adopted by the municipality.
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Recreational Vehicle
— A vehicle which is [i] built on a single chassis; [ii] 400 square feet or lesswhen measured at the longest horizontal projections; [iii] designed to be self-propelled or
permanently towable by a light duty truck; and [iv] 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 theCoastal 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 pilings, 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.
Structure
— A walled and roofed building, a manufactured home, or a gas or liquid storage tankthat is principally above ground.
Substantial Damage
— Damage of any origin sustained by a structure whereby the cost ofrestoring the structure to its condition before damage would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
Substantial Improvement
— Any reconstruction, rehabilitation, addition, or other improvementof a structure, the cost of which equals or exceeds fifty (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".
Variance
— A grant of relief from the requirements of this ordinance that permits construction in amanner that would otherwise be prohibited by this ordinance.
Violation
— The failure of a structure or other development to be fully compliant with thisordinance. A new or substantially improved structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in 44 CFR
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§60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
SECTION 3.0 GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the
Township of North Hanover, Burlington County, New Jersey.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the Township of North Hanover, Community No.340109
are identified and defined on the following documents prepared by the Federal Emergency
Management Agency:
a) A scientific and engineering report “Flood Insurance Study, Burlington County, New Jersey
(All Jurisdictions)” dated December 21, 2017.
b) “Flood Insurance Rate Map for Burlington County, New Jersey (All Jurisdictions)” as
shown on Index and panel(s) 34005C0063F, 34005C0064F, 34005C0170F, 34005180F,
34005C0185F, 34005C0190F, 34005C0195F, whose effective date is December 21, 2017.
The above documents are hereby adopted and declared to be a part of this ordinance. The
Flood Insurance Study and maps are on file at North Hanover Township Municipal Building,
41 Schoolhouse Road, Jacobstown, New Jersey 08562.
3.3 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered
without full compliance with the terms of this ordinance and other applicable regulations.
Violation of the provisions of this ordinance 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 ordinance or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than $2,500.00 or
imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the Township
of North Hanover, from taking such other lawful action as is necessary to prevent or remedy
any violation.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and other ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
3.5 INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
a) Considered as minimum requirements;
b) Liberally construed in favor of the governing body; and,
c) Deemed neither to limit nor repeal any other powers granted under State statutes.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
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can and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the area of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the Township of North Hanover, any
officer or employee thereof or the Federal Insurance Administration, for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION 4.0 ADMINISTRATION
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or development begins, including
placement of manufactured homes, within any area of special flood hazard established in
section 3.2. Application for a Development Permit shall be made on forms furnished by the
Township Clerk or Zoning Officer, as the case may be, and may include, but not be limited to;
plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of
the area in question; existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the following information is required:
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 5.2-
2; and,
d) Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Zoning Officer and/or Construction Official (hereinafter “local administrator”), as the case
may be, is hereby appointed to administer and implement this ordinance by granting or denying
development permit applications in accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the local administrator shall include, but not be limited to:
4.3-1 PERMITS REVIEW
a) Review all development permits to determine that the permit requirements of this
ordinance have been satisfied.
b) Review all development permits to determine that all necessary permits have been
obtained from those Federal, State or local governmental agencies from which prior
approval is required.
c) Review all development permits to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the encroachment provisions of 5.3
a) are met.
4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation and floodway data has not been provided in accordance with section
3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the local
administrator 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 sections 5.2-1,
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SPECIFIC STANDARDS, RESIDENTIAL CONSTRUCTION, and 5.2-2, SPECIFIC
STANDARDS, NONRESIDENTIAL CONSTRUCTION.
4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
a) 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.
b) For all new or substantially improved flood proofed structures:
i. verify and record the actual elevation (in relation to mean sea level); and
ii. maintain the flood proofing certifications required in section 4.1 c).
c) Maintain for public inspection all records pertaining to the provisions of this ordinance.
4.3-4 ALTERATION OF WATERCOURSES
a) Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control and the Land Use Regulation Program prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
b) Require that maintenance is provided within the altered or relocated portion of said
watercourse so the flood carrying capacity is not diminished.
4.3-5 SUBSTANTIAL DAMAGE REVIEW
a) After an event resulting in building damages, assess the damage to structures due to
flood and non-flood causes.
b) Record and maintain the flood and non-flood damage of substantial damage structures
and provide a letter of Substantial Damage Determination to the owner and the New
Jersey Department of Environmental Protection, Bureau of Flood Control.
c) Ensure substantial improvements meet the requirements of sections 5.2-1, SPECIFIC
STANDARDS, RESIDENTIAL CONSTRUCTION, 5.2-2, SPECIFIC STANDARDS,
NONRESIDENTIAL CONSTRUCTION and 5.2-3, SPECIFIC STANDARDS, and
MANUFACTURED HOMES.
4.3-6 INTERPRETATION OF FIRM BOUNDARIES
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 section 4.4.
4.4 VARIANCE PROCEDURE
4.4-1 APPEAL BOARD
a) The Township Joint Land Use Board as established by North Hanover Township
Committee shall hear and decide appeals and requests for variances from the
requirements of this ordinance.
b) The Township Joint Land Use Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the local
administrator in the enforcement or administration of this ordinance.
c) Those aggrieved by the decision of the Joint Land Use Board, or any taxpayer, may
appeal such decision to the Superior Court of New Jersey , as provided in
N.J.S.A.40:55D-1 et seq.
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d) In passing upon such applications, the Joint Land Use Board, shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance,
and:
i. the danger that materials may be swept onto other lands to the injury of others;
ii. the danger to life and property due to flooding or erosion damage;
iii. the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
iv. the importance of the services provided by the proposed facility to the community;
v. the necessity to the facility of a waterfront location, where applicable;
vi. the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
vii. the compatibility of the proposed use with existing and anticipated development;
viii. the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
ix. the safety of access to the property in times of flood for ordinary and emergency
vehicles;
x. the expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and,
xi. 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.
e) Upon consideration of the factors of section 4.4-1 d) and the purposes of this
ordinance, the Joint Land Use Board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
f) The local administrator shall maintain the records of all appeal actions, including
technical information, and report any variances to the Federal Insurance
Administration upon request.
4.4-2 CONDITIONS FOR VARIANCES
a) Generally, variances may be issued for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level, providing items i.-
xi. in section 4.4-1 d) has been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance increases.
b) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
c) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
d) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
e) Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and,
iii. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public as identified in section 4.4- 1
d), or conflict with existing local laws or ordinances.
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f) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards, compliance with the applicable requirements of the
Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more
restrictive, are required:
5.1-1 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 to be placed or substantially improved 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.
5.1-2 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.
5.1-3 UTILITIES
a) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
b) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters;
c) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
d) For all new construction and substantial improvements the 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.
5.1-4 SUBDIVISION PROPOSALS
a) All subdivision proposals and other proposed new development shall be consistent with
the need to minimize flood damage;
b) All subdivision proposals and other proposed new development 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 and other proposed new development shall have adequate
drainage provided to reduce exposure to flood damage; and,
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d) Base flood elevation data shall be provided for subdivision proposals and other
proposed new development which contain at least fifty (50) lots or five (5) acres
(whichever is less).
5.1-5 ENCLOSURE OPENINGS
All new construction and substantial improvements having fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an area
other than a basement and which 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
minimum of two (2) openings in at least two (2) exterior walls of each enclosed area, 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. Openings may be equipped with screens, louvers, or other covering or devices
provided that they permit the automatic entry and exit of floodwaters.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data have been provided as set
forth in section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD or in section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards
are required:
5.2-1 RESIDENTIAL CONSTRUCTION
a) New construction and substantial improvement of any residential structure located in an
A or AE zone shall have the lowest floor, including basement together with the
attendant utilities (including all electrical, heating, ventilating, air- conditioning and
other service equipment) and sanitary facilities, elevated at or above the base flood
elevation plus one (1) foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is
more restrictive
;b) Require within any AO or AH zone on the municipality's DFIRM that all new
construction and substantial improvement of any residential structure shall have the
lowest floor, including basement together with the attendant utilities and sanitary
facilities, elevated above the depth number specified in feet plus one (1) foot, above the
highest adjacent grade (at least three (3) feet if no depth number is specified). And,
require adequate drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures.
5.2-2 NONRESIDENTIAL CONSTRUCTION
In an Area of Special Flood Hazard, all new construction and substantial improvement of any
commercial, industrial or other nonresidential structure located in an A or AE zone shall have
the lowest floor, including basement together with the attendant utilities and sanitary facilities
as well as all electrical, heating, ventilating, air-conditioning and other service equipment:
either
a) Elevated to or above the base flood elevation plus one (1) foot or as required by
ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
b) Require within any AO or AH zone on the municipality's DFIRM to elevate above the
depth number specified in feet plus one (1) foot, above the highest adjacent grade (at
least three (3) feet if no depth number is specified). And, require adequate drainage
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paths around structures on slopes to guide floodwaters around and away from proposed
structures; or
c) Be flood proofed so that below the base flood level plus one (1) foot or as required by
ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight
with walls substantially impermeable to the passage of water;
d) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and,
e) 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 official as set forth in section 4.3-3 b) ii.
5.2-3 MANUFACTURED HOMES
a) Manufactured homes shall be anchored in accordance with section 5.1-1 b).
b) All manufactured homes to be placed or substantially improved within an area of special
flood hazard shall:
i. Be consistent with the need to minimize flood damage,
ii. Be constructed to minimize flood damage,
iii. Have adequate drainage provided to reduce exposure to flood damage,
iv. Be elevated on a permanent foundation such that the top of the lowest floor is at
or above the base flood elevation plus one (1) foot or as required by ASCE/SEI
24-14, Table 2-1, whichever is more restrictive and;
v. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches
in height above grade and be securely anchored to an adequately anchored
foundation system to resist floatation, collapse, and lateral movement.
5.3 FLOODWAYS
Located within areas of special flood hazard established in section 3.2 are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
a) Prohibit encroachments, 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.
b) If section 5.3 a) is satisfied, all new construction and substantial improvements must
comply with section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION.
c) In all areas of special flood hazard in which base flood elevation data has been provided
and no floodway has been designated, the accumulative 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 two-tenths (0.2) of a
foot at any point.
SECTION 6.0 SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the
Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this
Ordinance are hereby declared to be severable.
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SECTION 7.0 ENACTMENT:
All ordinances or parts of ordinances inconsistent or inconflict with this Ordinance are hereby repealed as to said inconsistencies and conflict.
If any section, part of any section, or clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not effect the remaining provisions of
this ordinance. The governing body of the Township of North Hanover declares that it would
have passed the ordinance and each section and subsection thereof, irrespective of the fact that
any one or more of the subsections, sentences, clauses or phrases may be declared
unconstitutional or invalid.
The ordinance shall take effect immediately upon passage and publication according to
law.
MOTION TO INTRODUCE
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XSET PUBLIC HEARING FOR SEPTEMBER 21, 2017 AT 7:00 P.M.
CONSENT AGENDA DEFINED:
All Resolutions listed on today’s consent agenda are to be considered as one vote by Township
Committee and will be enacted by one motion. There will be no discussion of these items. If
discussion is desired, that item will be removed from the consent agenda and considered
separately.
2017-134 Resolution Authorizing the Refund of Tax Sale Premium Due to Third Party
Foreclosure
RESOLUTION# 2017-134
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
A RESOLUTION AUTHORIZING THE REFUND
OF TAX SALE PREMIUM DUE TO THIRD PARTY FORECLOSURE
WHEREAS
, Tax Sale Certificate#13-00001 was foreclosed on April 26, 2017 by PCIIIReo, LLC.
WHEREAS
, US Bank Cust for Pro Capital III, LLC paid tax sale premium, in theamount of $3,000.00, for said lien.
THEREFORE BE IT RESOLVED
, by the Township Committee of the Township ofNorth Hanover that, as requested by the Tax Collector, it hereby authorizes a refund of tax sale
premium, in the amount of $3,000.00 to the North Hanover Township Treasurer; for Lien 13-
00001, Block 301 Lot 13, commonly known as 162 Jacobstown-Arneytown Road.
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
XMayor DeLorenzo
X2017-135 Resolution Authorizing Refund of Overpayment of Taxes
RESOLUTION 2017-135
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT OF TAXES
BE IT RESOLVED,
by the Township Committee of the Township of North Hanoverthat, as requested by the Tax Collector, it hereby authorizes a refund of overpayment of 2017
17
taxes, in the amount of $1,421.20 to Corelogic Tax Service LLC, for Block 610 Lot 7.16
commonly known as 19 Carlyle Drive.
BE IT FURTHER RESOLVED,
by the Township Committee of the Township of NorthHanover that, as requested by the Tax Collector, it hereby authorizes a refund of overpayment of
2016 taxes, in the amount of $2,044.19 to Corelogic Tax Service LLC, for Block 400 Lot 16.04
commonly known as 25 Jacobstown-Arneytown Road.
BE IT FURTHER RESOLVED,
by the Township Committee of the Township of NorthHanover that, as requested by the Tax Collector, it hereby authorizes a refund of overpayment of
2016 taxes, in the amount of $1,069.33 to Wells Fargo Home Mortgage, for Block 902 Lot 19
commonly known as 253 Meany Road.
BE IT FURTHER RESOLVED,
by the Township Committee of the Township of NorthHanover that, as requested by the Tax Collector, it hereby authorizes a refund of overpayment of
2016 taxes, in the amount of $1,121.29 to David Robertson, for Block 902 Lot 19 commonly
known as 253 Meany Road.
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
XMayor DeLorenzo
X2017-136 Resolution to Cancel Taxes
RESOLUTION 2017-136
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLNGTON
RESOLUTION TO CANCEL TAXES
WHEREAS
, the United States Department of Veteran Affairs has classified JohnMcIntyre McGonigal 100% Permanently and Totally Disabled.
WHERAS
, by application from Donald Kosul, Tax Assessor in the Township of NorthHanover, the said exemption is granted from July 18, 2017.
WHERAS
, N.J.S.A. 54:4-3.30a – Allows for the exemption from taxation from real andpersonal property for any citizen and resident of the State who has a total or 100% permanent
disability as defined by this statue.
WHEREAS
, the following taxes must be canceled and any monies paid by the ownershould be refunded.
THEREFORE BE IT RESOLVED
, that the following taxes be canceled:BLOCK 401 LOT 16 2017 2
nd half $3,131.342018 1
st half $3,476.09THEREFORE BE IT RESOLVED FURTHER
, that a copy of this Resolution beforwarded to the Burlington County Board of Taxation, the Treasurer of Burlington County, the
Municipal/Regional School Board to advise them of the action taken by the Township
Committee on this matter.
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
XMayor DeLorenzo
X18
NON-CONSENT AGENDA
2017-137 Resolution Awarding Bid and Contract for 2017 Road Improvement Program
Contract Two and Alternate Bid No. One for the Reconstruction of Provinceline
Road
Committeeman Doyle made a motion and seconded by Deputy Mayor DeBaecke to table
Resolution 2017-137 until a later meeting. All were in favor by a voice vote.
DISCUSSION
•
Snow Contract ExpirationDeputy Mayor DeBaecke informed the Township Committee the contract was expiring. He
noted his discussions with the contractor’s willingness to extend. There was a general
consensus to extend for an additional one year term. The Resolution will be listed at a later
meeting.
TOWNSHIP COMMITTEE “COMMENTS”
Committeeman Kocubinski inquired with Attorney Roselli concerning a residents concern
regarding FIOS. Attorney Roselli noted they have state approval. He noted the Recreation
Advisory Committee was looking into a “Trunk or Treat” event. He also stated the Committee
would make a comment at the Movie Night regarding the park improvements.
Committeeman O’Donnell noted the Soccer fields were in great shape and looks the best he has
seen in a long time. He also stated the JVFC has been working a lot and doing a great job.
Committeeman Doyle expressed that the Summer Recreation Program is a great program and
would like to see it continue. Committeeman Kocubinski would be setting up a meeting to
determine what is needed. He noted the Schools would probably not contribute. Deputy Mayor
DeBaecke noted the schools receive base funding and base children participate.
Deputy Mayor DeBaecke noted the leaf collection will be taking place this December. He also
noted that based on a complaint from a resident the County would be placing proper signage at
the intersection of Monmouth and Jacobstown-Cookstown Road.
Mayor DeLorenzo thanked Committeeman O’Donnell for running the last meeting and doing a
great job.
PUBLIC PARTICIPATION
Questions, comments or statements from members of the public in attendance.
Mayor DeLorenzo opened the meeting to the public.
Mr. Wayne Voorhees, President JVFC – He thanked Committeeman O’Donnell for the kind
words. He also thanked Clerk Picariello for her work on the Coin Toss over Labor Day
weekend. He stated they raised $2,700.00.
MOTION TO CLOSE PUBLIC COMMENT
Proposed By: Deputy Mayor DeBaecke
Seconded By: Committeeman Doyle
EXECUTIVE SESSION RESOLUTION
2017-138 Authorizing a Closed Session Meeting to discuss the following matter(s) pursuant
to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12; 2015 Road Improvement Contract I,
Potential Litigation Matter, Personnel Matters, Contract Negotiation Matters, and
Litigation matters
RESOLUTION 2017-138
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
AUTHORIZING A CLOSED SESSION MEETING
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WHEREAS
, the Open Public Meetings Act, P.L. 1975, Chapter 231 and P.L. 2001, C.404, permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS
, the Township Committee of North Hanover Township wishes to go into aclosed Executive Session and is of the opinion that such circumstances presently exist which
should not be discussed in public, and
WHEREAS
. the Open Public Meetings Act pursuant to N.J.S.A. 47:1A-1 and N.J.S.A.10:4-12 permits the Township Committee to discuss certain matter(s) in private, and in this case
for the purpose of the Township Committee to discuss contract negotiations, litigation and
personnel matters in this regard.
NOW, THEREFORE, BE IT RESOLVED
by Township Committee of North HanoverTownship that it will go into an Executive Session for the purpose of the Township Committee to
discuss 2015 Road Improvement Contract I, Potential Litigation, Contract Matters, Litigation
and Personnel matters.
BE IT FURTHER RESOLVED
that the results of such discussion may be revealed atsuch time as the matter(s) are resolved and/or a contract(s) is signed and/or the negotiations are
formally settled. Interested parties may contact the Township Clerk anytime during normal
business hours for periodic updates as to the availability in this regard.
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XBACK TO PUBLIC SESSION
MOTION TO ADJOURN 8:13 pm
Proposed By: Committeeman O’Donnell
Seconded By: Committeeman Kocubinski
Respectively submitted,
__________________
MaryAlice Picariello, RMC/CMR/CTC
Township Clerk