[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 10-2-1995 by Ord. No. 95-12 (Ch.
134 of the 1985 Code). Amendments noted where applicable.]
The purpose of this chapter is to amend and
replace Ordinance No. 81-9, as amended and supplemented, so as to
ensure that the Borough's Floodplain Management Ordinance complies
with all federal regulations.
The legislature of the State of New Jersey has
in N.J.S.A. 58:16A-1 et seq., N.J.S.A. 40:55D-1 et seq. and N.J.S.A.
40:48-1 et seq. delegated the responsibility to local government units
to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. The National Flood Insurance
Act of 1968 (Title 13 of the Housing and Urban Development Act of
1968) requires that local municipalities adopt an ordinance and regulations
as contained herein.
A.
The flood hazard areas of Woodcliff Lake 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 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 and
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 ensure that potential buyers are notified that
property is in areas 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 purpose, 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 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 to as to given 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
BASEMENT
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDING
(1)
(2)
(a)
(b)
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
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
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall
have the meanings indicated:
A request for a review of the Borough Clerk's interpretation
of any provision of this chapter or a request for variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the part of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
The 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 8-19-2019 by Ord. No. 19-09]
Any area of the building having its floor subgrade (below
ground level) on all sides.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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% or greater chance of
being equaled or exceeded in any given year.
[Added 8-19-2019 by Ord.
No. 19-09]
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 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, 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:
[Amended 8-19-2019 by Ord. No. 19-09]
Built, in the case of a building in an area of special flood
hazard, to have the top of the elevated floor, or, in the case of
a building in a coastal high-hazard area, to have the bottom of the
lowest horizontal structural member of the elevated floor, elevated
above the base flood elevation plus freeboard ground level by means
of pilings, 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" also
includes a building elevated by means of fill or solid foundation
perimeter walls with opening(s) sufficient to facilitate the unimpeded
movement of floodwaters.
In areas of coastal high hazard, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls.
The process of gradual wearing away of land masses.
[Added 8-19-2019 by Ord.
No. 19-09]
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 8-19-2019 by Ord.
No. 19-09]
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 boundary
floodway map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land area from the overflow of inland or
tidal waters and/or the unusual and rapid accumulation or runoff of
surface waters from any source.
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.
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 8-19-2019 by Ord.
No. 19-09]
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 feet.
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 8-19-2019 by Ord.
No. 19-09]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 8-19-2019 by Ord.
No. 19-09]
Any structure that is:
Listed individually in 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 the state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of 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, 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.
[Amended 8-19-2019 by Ord. No. 19-09]
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 connected to the required utilities. The
term "manufactured home" does not include a recreational 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, 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 a temporary living quarters for recreational, camping, travel or
seasonal use.
[For other than new construction or substantial improvements
under the Coastal Barrier Resource Act (P.L. 97-348).] Includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, 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 footing,
the installation of piles and the construction of columns, or any
work beyond the state of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filing; nor does it include
installation of streets or walkways; nor does it include excavation
for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory building, such as garages or sheds, not occupied as dwelling
units or not part of the main structure.
A walled and roofed building, a manufactured home or 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 the 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 the construction in a manner that would otherwise be prohibited
by this chapter.
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 8-19-2019 by Ord.
No. 19-09]
This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the Borough of Woodcliff
Lake, County of Bergen, State of New Jersey.
[Amended 9-19-2005 by Ord. No. 05-23; 8-19-2019 by Ord. No. 19-09]
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study, Bergen County, New Jersey (All Jurisdictions),"
dated August 28, 2019, Index Map and Flood Insurance Rate Maps (FIRMs)
whose panel numbers are 34003C0087J, 34003C0089H, 34003C0091H, 34003C0093H,
and 34003C0094H, dated August 28, 2019, are hereby adopted by reference
and declared to be part of this chapter. The Flood Insurance Study
is on file with the Clerk of the Borough of Woodcliff Lake, 188 Pascack
Road, Woodcliff Lake, NJ 07677.
[Amended 8-19-2019 by Ord. No. 19-09]
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 violation
of this chapter. 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 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 Borough of Woodcliff Lake from taking such other lawful action
as is necessary, in equity or law, to prevent or enjoin any threatened
violation of this chapter.
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:
A.
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the area of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages.
B.
This chapter shall not create liability on the part
of the Borough of Woodcliff Lake, 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 8-19-2019 by Ord. No. 19-09]
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 § 188-8. Application for a development permit shall be made on forms furnished by the Construction Code 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, drainage facilities, and the location of the foregoing.
The Borough Clerk is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties and responsibilities of the Borough Clerk
shall include, but not be limited to:
A.
Review of all development permits to determine that
the requirements of this chapter have been satisfied.
B.
Review of all development permits to determine that
all necessary permits have been obtained from those federal, state
or local government agencies from which prior approval is required.
C.
Review all development permits to determine if the development is located in the floodway. If located in the floodway, assurance that the encroachment provisions of § 188-23A are met.
D.
Alteration of watercourses.
[Added 8-19-2019 by Ord.
No. 19-09]
(1)
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.
E.
Substantial damage review.
[Added 8-19-2019 by Ord.
No. 19-09]
(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 substantially
damaged structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
When base flood elevation and floodway data has not been provided in accordance with § 188-8, Basis for establishing areas of special flood hazard, the administrative 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 § 188-22, Specific standards for flood hazard reduction.
The administrative officer shall:
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.
The administrative officer shall:
A.
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.
B.
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
The administrative 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 field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 188-20.
A.
Appeals.
(1)
The Board of Adjustment established by the Borough
of Woodcliff Lake shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The Board of Adjustment shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Borough Clerk in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Board of Adjustment
or any taxpayer may appeal such decision to the Superior Court of
New Jersey, as provided in relevant New Jersey statutes.
(4)
In passing upon such applications, 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 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 Clerk 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, provided that the 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 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 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 will only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant a variance would result in increased flood heights, additional threats to the 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 cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
[Amended 8-19-2019 by Ord. No. 19-09]
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.
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 material 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;
and
(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 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 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 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 covering or devices, provided that they permit the automatic
entry and exit of floodwaters.
[Amended 8-19-2019 by Ord. No. 19-09]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 188-8, Basis for establishing areas of special flood hazard, or in § 188-16, Use of other base flood data, the following standards are required:
A.
Residential construction. 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 more restrictive base flood elevation plus one foot or
as required by ASCE/SEI 24-14, Table 2-1. Require within any AO Zone
on the municipality's FIRM 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 highest adjacent grade at least as
high as 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 around the structures
on slopes to guide floodwaters around and away from proposed structures.
B.
Nonresidential construction.
(1)
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, elevated to the
level of the base flood elevation; or, together with attendant utility
and sanitary facilities as well as all electrical, heating, ventilating,
air-conditioning and other service equipment, shall either:
(a)
Be 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
(b)
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 around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(c)
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,
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 certifications shall be provided to the official as set forth in § 188-17B.
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with § 188-21A(2).
(2)
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood
damage;
(d)
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
(e)
Have the manufactured home chassis 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 flotation, collapse,
and lateral movement.
Located within areas of special flood hazard established in § 188-8 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.
C.
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.
The regulations set forth in this chapter may contain references to various uses not presently permitted within the Borough of Woodcliff Lake. Said references are not intended to indicate that said uses are now permitted, and all uses prohibited by Chapter 380, Zoning, of the Code of the Borough of Woodcliff Lake remain prohibited, and said chapter is not in any way amended by the within chapter.
