[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 7-27-1982 as Ch. XVIII of the 1981 Revised General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
85.
Fire prevention — See Ch.
104.
Land development — See Ch.
125.
[Amended 7-16-2019 by Ord. No. 2508-2019]
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 the public health,
safety and general welfare of its citizenry.
A. The flood hazard areas of the borough 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 hazards which increase flood
heights and velocities and when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, insufficiently
elevated or otherwise inadequately protected from flood damage also
contribute to the flood loss.
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 second 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 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 floodwaters;
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 floodwaters or which may increase
flood hazards in other areas.
A. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B. As used in this chapter, the following terms shall
have the meanings indicated:
AH ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
[Added 7-16-2019 by Ord.
No. 2508-2019]
AO ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
[Added 7-16-2019 by Ord.
No. 2508-2019]
APPEAL
A request for a review of the Borough Engineer's interpretation
of any provision of this chapter or a request for an exception.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one foot to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a 1%
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.
[Amended 7-16-2019 by Ord. No. 2508-2019]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 7-16-2019 by Ord. No. 2508-2019]
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 one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 7-16-2019 by Ord.
No. 2508-2019]
BASEMENT
Any area of the building having its subgrade (below ground
level) on all sides.
[Added 10-13-1987 by Ord. No. 1377-87]
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 being
equaled or exceeded in any given year.
[Added 10-13-1987 by Ord. No. 1377-87; amended 7-16-2019 by Ord. No. 2508-2019]
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.
[Amended 8-15-1995 by Ord. No. 1608-95]
ELEVATED BUILDING
A nonbasement built, in case of a building in an area of
special 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 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"
shall also include a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate unimpeded movement
of floodwaters.
[Added 10-13-1987 by Ord.
No. 1377-87; amended 7-16-2019 by Ord. No. 2508-2019]
EROSION
The process of gradual wearing away of land masses.
[Added 7-16-2019 by Ord.
No. 2508-2019]
EXISTING 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 before the effective date of
the floodplain management regulations adopted by a community.
[Added 7-16-2019 by Ord.
No. 2508-2019]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or 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 Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided 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.
FLOODPLAIN MANAGEMENT REGULATION
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as 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.
[Added 8-15-1995 by Ord. No. 1608-95]
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 7-16-2019 by Ord.
No. 2508-2019]
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
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.
[Added 7-16-2019 by Ord.
No. 2508-2019]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 7-16-2019 by Ord.
No. 2508-2019]
HISTORIC STRUCTURE [Added 8-15-1995 by Ord. No. 1608-95]
Any structure that is:
(1)
Listed individually on the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
(2)
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;
(3)
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
(4)
Individually listed on a local inventory of
historic places in communities with historic reservation programs
that have been certified either:
(a)
By an approved state program as approved by
the Secretary of the Interior; or
(b)
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's lowest floor, provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
[Added 10-13-1987 by Ord. No. 1377-87; amended 7-16-2019 by Ord. No. 2508-2019]
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."
[Added 10-13-1987 by Ord. No. 1377-87; amended 8-15-1995 by Ord. No. 1608-95]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
[Added 8-15-1998 by Ord. No. 1608-95]
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 that 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
effects the external dimensions of the building.
[Amended 10-13-1987 by Ord. No. 1377-87; 8-15-1995 by Ord. No. 1608-95]
STRUCTURE
A walled and roofed building, a mobile 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% of the market value of the structure before the
damage occurred.
[Added 8-15-1995 by Ord. No. 1608-95]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% 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:
[Amended 8-15-1995 by Ord. No. 1608-95; 7-16-2019 by Ord. No. 2508-2019]
(1)
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
(2)
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 chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
[Added 7-16-2019 by Ord.
No. 2508-2019]
VIOLATION
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 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.
[Added 7-16-2019 by Ord.
No. 2508-2019]
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Borough of Fair Lawn.
[Amended 8-15-1995 by Ord. No. 1608-95; 12-16-1998 by Ord. No. 1745-98; 9-13-2005 by Ord. No.
2026-2005; 7-16-2019 by Ord. No. 2508-2019]
A. The areas of special flood hazard for the Borough of Fair Lawn, Community
No. 340033, are identified and defined on the following prepared by
the Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study, Bergen
County, New Jersey (All Jurisdictions)" dated August 28, 2019.
(2) Flood Insurance Rate Map for Bergen County, New Jersey (All Jurisdictions)
as shown on Index and panels 34003C0159J, 34003C0167H, 34003C0178H,
34003C0179H, 34003C0186H and 34003C0187H, whose effective date is
August 28, 2019.
B. The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file in
the office of the Borough Engineer, 8-01 Fair Lawn Avenue, Fair Lawn,
New Jersey.
[Amended 7-16-2019 by Ord. No. 2508-2019]
No structure or land shall hereafter be constructed,
relocated to, extended, converted or altered without full compliance
with the terms of this chapter and other applicable regulations. Violations
of the provisions of this chapter by failure to comply with any of
its requirements including violations of conditions and safeguards
established in connection with conditions shall constitute a disorderly
persons offense. Any person who violates this chapter or fails to
comply with any of its requirements shall, upon conviction thereof,
be fined not more than $200 or imprisoned for not more than 30 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 Borough of Fair Lawn from taking such other lawful action as is
necessary to prevent or remedy any violation.
[Amended 7-16-2019 by Ord. No. 2508-2019]
This chapter is not intended to repeal, abrogate
or impair any existing ordinance, easements, covenants or deed restrictions.
However, where this chapter and any other ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions 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 governing body;
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 manmade
or natural causes. This chapter 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 chapter shall not
create liability on the part of the Borough of Fair Lawn, any officer
or employee thereof or the Federal Insurance Administration, for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended 7-16-2019 by Ord. No. 2508-2019]
A development permit shall be obtained before construction or development begins, including manufactured homes, within any area of special flood hazard established in §
108-7. Application for a development permit shall be made on forms furnished by the Borough Engineer 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 floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in §
108-17A; and
D. Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development subject
to an approved Stream Encroachment Permit from the NJDEP.
The Borough Engineer is hereby appointed to
administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Duties of the Borough Engineer shall include,
but not be limited to:
A. Permit review.
(1) Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2) 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.
(3) 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 §
108-18A are met.
B. Information to be obtained and maintained.
(1) Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (including basement)
all of new or substantially improved structures and whether or not
the structure contains a basement.
(2) For all new substantially improved floodproofed structures:
(a)
Verify and record the actual elevation (in relation
to mean sea level); and
(b)
Maintain the floodproofing certifications required in §
108-12C.
(3) Maintain for public inspection all records pertaining
to the provisions of this chapter.
C. Alteration of watercourses.
(1) Notify adjacent communities and the NJDEP, 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.
[Amended 7-16-2019 by Ord. No. 2508-2019]
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
D. 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 §
108-15.
E. Substantial damage review.
[Added 7-16-2019 by Ord.
No. 2508-2019]
(1) After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2) Record and maintain the flood and nonflood 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.
(3) Ensure substantial improvements meet the requirements of §
108-17A, Specific standards, residential construction, §
108-17B, Specific standards, nonresidential construction; and §
108-17C, Specific standards, Manufactured homes.
[Amended 8-15-1995 by Ord. No. 1608-95; 7-16-2019 by Ord. No. 2508-2019]
A. Appeal Board.
(1) The Planning Board as established by the Borough of
Fair Lawn shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2) The Planning Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision or determination
made by the Borough Engineer in the enforcement or administration
of this chapter.
(3) Those aggrieved by the decision of the Planning Board,
or any taxpayer, may appeal such decision to the Borough Council as
provided in N.J.S.A. 40:55D-17.
(4) In passing upon such applications, the Planning Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto
other lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion damage;
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(d)
The importance of the services provided by the
proposed facility to the community;
(e)
The necessity to the facility of a waterfront
location, where applicable;
(f)
The availability of alternative locations within
the applicant's property for the proposed use which are not subject
to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing
and anticipated development;
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program of that area;
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(k)
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.
(5) Upon consideration of the factors of Subsection
A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter.
(6) The Borough Engineer shall maintain the record of
all appeal actions, including technical information and report any
exceptions to the Federal Insurance Administration upon request.
B. Conditions for variances.
(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection
A(4) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variances increases.
(2) 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.
(3) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5) Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of an 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 Subsection
A(4) or conflict with existing local laws or ordinances.
(6) 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 probable cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
[Amended 10-13-1987 by Ord. No. 1377-87; 7-16-2019 by Ord. No.
2508-2019]
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, is required:
A. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
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.
B. Construction materials and methods.
(1) All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
C. Utilities.
(1) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems;
(2) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters; and,
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4) 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.
D. Subdivision proposals.
(1) All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
(2) 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;
(3) All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
(4) Base flood elevation data shall be provided for all major subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
E. Enclosure openings. For all new construction and substantial
improvements, fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria: A minimum of two openings
in at least two exterior walls of each enclosed area 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.
[Added 10-13-1987 by Ord. No. 1377-87]
[Amended 10-13-1987 by Ord. No. 1377-87; 7-16-2019 by Ord. No.
2508-2019]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in §
108-8 or in 108-14B, the following standards are required:
A. Residential construction. New construction and substantial improvement
for 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 more restrictive base flood elevation plus one foot or
as required by ASCE/SEI 24-14, Table 2-1; and require within any AO
or AH zone on the Borough'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 foot above the highest adjacent grade (at least three
feet if no depth is specified); and require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
B. Nonresidential construction. In an area of special
flood hazard, new construction and substantial improvement of any
commercial, industrial or other nonresidential structure located in
an A or AE zone shall either have the lowest floor, including basement
or, together with attendant utility and sanitary facilities as well
as all electrical, heating, ventilating, air-conditioning and other
service equipment either:
(1) Elevated at or above the more restrictive base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1, and require
within any AO or AH zone on the municipality's DFIRM to elevate
above the depth number specified in feet plus one foot, above the
highest adjacent grade (at least three feet if no depth number is
specified), and require adequate drainage paths ground structures
on slopes to guide floodwaters around and away from proposed structures;
or
(2) Be floodproofed so that below the more restrictive base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 6-1 and the
structure is watertight with walls substantially impermeable to the
passage of water; and
(3) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(4) 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 §
108-13.
C. Manufactured homes. Manufactured homes shall be anchored in accordance with §
108-16. All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
(1) Be consistent with the need to minimize flood damage;
(2) Be constructed to minimize flood damage;
(3) Have adequate drainage provided to reduce exposure to flood damage;
(4) Be elevated on a permanent foundation such that the top of the lowest
floor is at or above the more restrictive base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1, and 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.
D. In the AO Zone, the base flood elevation is to be
considered the crown of the nearest street or the depth number specified
in the FIRM.
Located within areas of special flood hazard established in §
108-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction,
substantial improvements and other development unless a technical
evaluation demonstrates that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
An approved stream encroachment permit issued by the New Jersey Department
of Environmental Protection shall be considered as evidence that such
an evaluation has been made.
B. If §
108-14A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§
108-16 through
108-17.
[Added 7-16-2019 by Ord.
No. 2508-2019]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.