[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 9-28-1987 by Ord. No. 87-10;
amended in its entirety 12-10-2001 by Ord. No.
2001-5. Subsequent amendments noted where applicable.]
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 Mayor and Borough Council of the Borough
of New Providence, County of Union and State of New Jersey, does ordain as
follows:
A.
The flood hazard areas of the Borough of New Providence
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, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise 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 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 floodwaters or which may increase flood hazards
in other areas.
A.
Unless specifically defined below, words or phases used
in this chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDING
FLOOD OR FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have
the meanings indicated:
A request for a review of the Borough Administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map with a 1% 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.
The land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year.
The flood having a one percent chance of being equaled or exceeded
in any given year.
Any area of the building having its floor subgrade (below ground
level) on all sides.
A wall that is 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.
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.
A nonbasement building built, in the case of a building in an area
of special flood hazard, to have the top of the elevated floor elevated above
the ground level by means of piling, columns (posts and piers), or shear walls
parallel to the flow of the water and 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 floodwaters.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The official map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
The official report provided in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map and the
water surface elevation of the base flood.
Zoning ordinances, subdivision regulations, building codes, 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.
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.
The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Any structure that is:
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;
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 preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, useable solely for the parking
of vehicles, building access or storage in an area other than a basement is
not considered a buildings lowest floor, provided that such enclosure is not
built so to render the structure in violation of other applicable nonelevation
design requirements.
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 recreation vehicle.
A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after
the effective date of a floodplain regulation adopted by a community and includes
any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads)
is completed on or after the effective date of the floodplain management regulations
adopted by the municipality.
A vehicle which is:
Built on a single chassis;
Four hundred 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.
For other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial
improvements and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent construction of
a structure on a site such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways, nor does
it include excavation for a basement, footings or piers, or foundations or
the erection of temporary forms, nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas or liquid
storage tank that is principally above ground.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which 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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
This chapter shall apply to all areas of special flood hazards within
the jurisdiction of the Borough of New Providence.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood
Insurance Study for the Borough of New Providence" dated December 20, 2001,
with accompanying Flood Insurance Rate Maps is hereby adopted by reference
and declared to be a part of this chapter. The Flood Insurance Study is on
file in the office of the Borough Clerk, Municipal Center, 360 Elkwood Avenue,
New Providence, New Jersey.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter
and other applicable regulations. Violation 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 misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall, upon conviction thereof, be fined
not more than $500 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 New Providence
from taking such other lawful action as is necessary to prevent or remedy
any violation.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and
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:
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 New Providence, 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.
A.
A development permit shall be obtained before construction
or development begins within any area of special flood hazard established
in § 281-7. Application for a development permit shall be made on
forms furnished by the Borough Construction Official 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 and drainage facilities; and the location of the
foregoing.
B.
Specifically, the following information is required:
(1)
Elevation, in relation to mean sea level, of the lowest
floor (including basement) of all structures;
(2)
Elevation, in relation to mean sea level, to which any
structure has been floodproofed.
(3)
Certification by a registered professional engineer or
architect that the floodproofing methods for any nonresidential structure
meet the floodproofing criteria in § 281-17B; and,
(4)
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
The Borough Construction Official 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 Construction Official shall include, but not be
limited to:
A.
Permit review. The Borough Construction Official shall:
(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.
B.
Use of other base flood and floodway data. When base
flood elevation and floodway data has not been provided in accordance with
§ 281-7, Basis for establishing areas of special flood hazard, the
Borough Construction Official shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a federal, state
or other source, in order to administer § 281-17A, Residential Construction,
and § 281-17B, Nonresidential construction.
C.
Information to be obtained and maintained. The Borough
Construction Official shall:
(1)
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.
(2)
For all new or 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
§ 281-12B(3).
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses. The Borough Construction
Official shall:
(1)
Notify adjacent communities and the state coordinating
agency prior to any alteration or relocation of a watercourse and submit evidence
of such notification to the Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so the flood-carrying capacity is
not diminished.
E.
Interpretation of firm boundaries. The Borough Construction
Official shall 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 filed
conditions). The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided in § 281-15.
A.
Appeal Board.
(1)
The Planning Board, as established by the Borough of
New Providence, 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 Construction Official 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 Mayor and Borough Council.
(4)
In passing upon such applications, the Planning Board
or the Board of Adjustment, 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 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 or the Board of Adjustment
may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this chapter.
(6)
The Borough Construction Official shall maintain the
records of all appeal actions, including technical information, and report
any variances 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)(a) through
(j) have been fully considered. As the lot size increases beyond the 1/2 acre,
the technical justification required for issuing the variance 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 an 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 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 Subsection A(4), or conflict with existing
local laws or ordinances.
(d)
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.
In all areas of special flood hazards, the following standards are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2)
All manufactured homes 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.
C.
Utilities.
(1)
All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system.
(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.
(3)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(4)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components during
conditions of flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2)
All subdivision proposals 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 shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50 lots or
five acres, whichever is less.
E.
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:
(1)
A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one
foot above grade.
(3)
Openings may be equipped with screens, louvers, or other
covering or devices, provided that they permit the automatic entry and exit
of floodwaters.
In all areas of special flood hazards where base flood elevation data
have been provided as set forth in § 281-7, Basis for establishing
areas of special flood hazard or in § 281-14B, Use of other base
flood and floodway data, the following standards are required:
A.
Residential construction.
(1)
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or
above base flood elevation.
(2)
Within any AO Zone on the municipality's FIRM, all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet (at
least two feet if no depth number is specified), and adequate drainage paths
around structures on slopes to guide floodwaters around and away from proposed
structures and required.
B.
Nonresidential construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure
shall either have the lowest floor, including basement, elevated to the level
of the base flood elevation or, together with the attendant utility and sanitary
facilities, shall:
(1)
Within any AO or AH Zone on the municipality's FIRM,
require all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated above the highest adjacent grade at least
as high as the depth number specified in feet (at least two 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.
(2)
Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage
of water.
(3)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(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 Borough Construction
Official as set forth in § 281-14C(2).
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with
§ 281-16A(2).
(2)
All manufactured homes to be placed or substantially
improved within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is at or above the base flood
elevation.
Located within areas of special flood hazard established in § 281-7
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 encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
In all areas of special flood hazard in which base flood elevation data
has been provided and no floodway has been designated, the cumulative 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 0.2 of a foot at any point.