Chapter 108 Flood Damage Prevention

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;

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;

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

Individually listed on a local inventory of historic places in communities with historic reservation programs that have been certified either:

By an approved state program as approved by the Secretary of the Interior; or

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

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]

A parcel (or contiguous parcels of land) divided into two or more manufactured home lots for rent or sale.

[Added 10-13-1987 by Ord. No. 1377-87]

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]

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

§ 108-6 Lands to which this chapter applies.

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]

[1]

Editor's Note: The former definition of "exception," which immediately followed this definition, was repealed 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.

§ 108-7 Basis for establishing areas of special flood hazard.

[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]

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:

A scientific and engineering report "Flood Insurance Study, Bergen County, New Jersey (All Jurisdictions)" dated August 28, 2019.

§ 108-9 Abrogation and greater restrictions.

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.

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.

§ 108-8 Penalties for noncompliance.

[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.

§ 108-10 Interpretation.

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

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

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

§ 108-11 Warning and disclaimer of liability.

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.

§ 108-12 Establishment of development permit.

[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:

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

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 108-17A; and

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.

§ 108-13 Designation of the Borough Engineer.

The Borough Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 108-14 Duties and responsibilities of the Borough Engineer.

Duties of the Borough Engineer shall include, but not be limited to:

Permit review.

Review all development permits to determine that the permit requirements of this chapter have been satisfied.

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.

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.

Information to be obtained and maintained.

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.

For all new substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in § 108-12C.

Maintain for public inspection all records pertaining to the provisions of this chapter.

Alteration of watercourses.

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]

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

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.

Substantial damage review.

[Added 7-16-2019 by Ord. No. 2508-2019]

After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.

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.

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.

§ 108-15 Variance procedure.

[Amended 8-15-1995 by Ord. No. 1608-95; 7-16-2019 by Ord. No. 2508-2019]

Appeal Board.

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.

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.

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.

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:

The danger that materials may be swept onto other lands to the injury of others;

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.

Conditions for variances.

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.

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.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

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 showing of good and sufficient cause;

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.

§ 108-16 General standards.

[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:

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.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

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,

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

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.

Subdivision proposals.

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;

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;

All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and

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).

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]

§ 108-17 Specific standards.

[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:

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.

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:

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

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

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

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.

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:

Be consistent with the need to minimize flood damage;

Be constructed to minimize flood damage;

Have adequate drainage provided to reduce exposure to flood damage;