City of Summit, NJ Flood Prevention and Protection

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 heath, safety, and general welfare of its citizenry.

§ 27-1.2 Findings of Fact.

[Ord. No. 02-2525 § 1]

The flood hazard areas of the City of Summit 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.

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, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 27-1.3 Statement of Purpose.

[Ord. No. 02-2525 § 1]

It is the purpose of Chapter 27 to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions by enacting provisions designed:

To protect human life and public health.

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

To minimize prolonged business interruptions.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, storm and sanitary sewers, streets and bridges located in areas of special flood hazard.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

To insure that potential buyers are notified that property may be in an area of special flood hazard.

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 27-1.4 Methods of Reducing Flood Losses.

[Ord. No. 02-2525 § 1]

In order to accomplish its purposes, this chapter includes methods and provisions for:

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;

Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which accommodate or channel flood waters;

Controlling, filling, grading, dredging and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters, or that may increase flood hazards to other areas.

§ 27-1.5 Definitions.

[Ord. No. 92-2525 § 1]

Unless specifically defined below, words or phrases 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.

APPEAL: Shall mean a request for a review of the Department of Community Services interpretation of any provision of this chapter or a request for a variance from this chapter.

AREA OF SHALLOW FLOODING: Shall mean a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one (1%) percent or greater chance of flooding to an average depth of one (1') to three (3') feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flow is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: Shall mean the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

BASE FLOOD: Shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

BASEMENT: Shall mean any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS: Shall mean 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.

DEPARTMENT: Shall mean the Department of Community Services.

DEVELOPMENT: Shall mean:

ELEVATED BUILDING: Shall mean a non-basement building:

FLOOD or FLOODING: Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

FLOOD INSURANCE RATE MAP (FIRM): Shall mean the official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS): Shall mean the official report provided in which the Federal Emergency Management Agency has provided flood profiles as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.

FLOOD PLAIN MANAGEMENT REGULATIONS: Shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOOD PROOFING: Shall mean any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.

FLOODWAY: Shall mean areas that must be reserved and free of encroachment in order that the 100-year flood be carried without cumulatively increasing the water surface elevation more than two-tenths (0.2) feet.

HIGHEST ADJACENT GRADE: Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Shall mean any structure that is:

LOWEST FLOOR: Shall mean the lowest floor or 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 basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.

MANUFACTURED HOME: Shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreation vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION: Shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

NEW CONSTRUCTION: Shall mean structures for which the "start of construction" commenced on or after the effective date of this chapter and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: Shall mean 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 flood plain management regulations adopted by the City.

RECREATION VEHICLE: Shall mean a vehicle which is built on a single chassis, four hundred (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.

START OF CONSTRUCTION: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.O. 97-348), shall include substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit. The actual start means either the first placement of permanent construction or 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 walkway; 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 the building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: Shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE: Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Shall mean any repair, reconstruction, addition or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

VARIANCE/WAIVER: Shall mean a grant or relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

WATER SURFACE ELEVATION: Shall mean the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in flood plains.

§ 27-1.6 General Provisions.

[Ord. No. 02-2525 § 1; Ord. No. 06-2728 § 1]

Lands to Which This Chapter Applies. This Chapter 27 shall apply to all areas of Special Flood Hazards within the jurisdiction of the City of Summit, County of Union, State of New Jersey.

Permitted Uses in Flood Plain Areas. The uses permitted within any flood plain area are those uses permitted and regulated by this Chapter of the Ordinance for the Zone District in which the area may be located, as said Zone Districts are set forth and delineated on the City of Summit Zoning Map, provided, however, that no development shall be permitted in those areas lying within the Flood Plain Zone as shown and delineated on the Flood Hazard Rate Maps for the City except upon a Special Use Permit granted by the Department of Community Services under such safeguards or restrictions as the DCS may reasonably impose for the promotion and maintenance of the general welfare and health and commerce of the inhabitants of the City and in accordance with the following restrictions:

New construction or substantial improvement of residential structures where the area of special hazards shall have the lowest floor elevated to above the level of the 100-year flood.

Permitted structures shall be constructed and placed on the building site so as to minimize obstruction to the flow of flooding waters.

Permitted structures shall be anchored to prevent flotation, collapse or lateral movement which may result in damage or restriction of the flow of flood waters.

Electrical control panels in permitted structures shall be mounted at least one (1) foot above the level of the 100-year flood.

Permitted structures shall not encroach upon the present banks of waterways without providing improvements that will compensate for any lows in carrying capacity of the stream.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard for the City of Summit, Community No. 340476, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

A scientific and engineering report "Flood Insurance Study, Union County, New Jersey (All Jurisdictions)" dated September 20, 2006.

Flood Insurance Rate Map for Union County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 0001, 0002, 0003, 0008, 0009, 0010, 0018; whose effective date is September 20, 2006.

The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at 512 Springfield Avenue, Summit, New Jersey 07901.

Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, converted, extended or altered without full compliance with the terms of this chapter and 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 violation of this chapter. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the violations and penalties provided in Section 1-5 of the revised General Ordinances, City of Summit. Nothing herein contained shall prevent the City of Summit from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter or other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

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

Considered as minimum requirements;

Liberally construed in favor of the City of Summit and

Deemed neither to limit, nor repeal, any other powers granted under State law.

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 man-made or natural causes. This chapter does not imply that land outside the areas 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 City of Summit or by any officer and 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.

§ 27-1.7 Administration.

[Ord. No. 02-2525 § 1]

Designation of the Department of Community Services. The Department is hereby appointed to administer and implement this chapter by granting or denying the Special Use Permit Application in accordance with its provisions.

Establishment of Special Use Permit. A special use permit shall be required in conformance with the provisions of this chapter. Application for a special use permit shall be made on forms furnished, which may include, but is not limited to the following: plans in quadruplicate drawn to scale showing the nature, location, dimensions, topography and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, sanitary sewers as well as the following specific information:

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 nonresidential structure has been flood-proofed.

Certification by a licensed professional engineer or architect that any non-residential flood-proofed structure meets the flood-proofed criteria.

Description of the extent to which any watercourse will be altered or relocated as a result.

Description to the extent to which any stream encroachment is required and copy of the stream encroachment permit from State of New Jersey Department of Environmental Protection.

§ 27-1.8 Procedure.

[Ord. No. 02-2525 § 1; Ord. No. 06-2725 § 1]

All applicants for building permits shall make application to the construction official for its issuance. If the proposed structure is located within the flood plain area as delineated on the map referred to herein, the construction official shall not issue the permit but shall refer the applicant to the Department for site review and issuance of a special use permit.

Permit Review. Department before granting any special use permit for construction or repairs in the flood plain area, shall:

Review building permit applications for substantial improvements within the flood plain area having special flood hazards to determine if the proposed substantial improvement:

(a)

Uses construction materials and utility equipment that are resistant to flood damage; and

(b)

Uses construction methods and practices that will minimize flood damage, consistent with economic practicability.

Take into account flood plain management programs if any already are in effect in neighboring areas.

Require new construction or substantial improvements of nonresidential structures to have the lowest floor elevated to or above the level of the 100-year flood or, together with attendant utility and sanitary facilities, to be flood-proofed up to the level of the 100-year flood; and

Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them beyond applicable environmental control limits during flooding.

Review subdivision proposals and other proposed new development within the flood plain area having special flood hazards to assure that:

(a)

All such proposals are consistent with the need to minimize flood damage;

(b)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage; and

(c)

Adequate drainage is provided so as to reduce exposure to flood hazards.

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. 1334.

The Department shall act upon any site plan submitted under paragraph b above, within ninety (90) days of the date of filing thereof, or such other extension of time as the applicant may agree to. Failure of the Department to act within said time limit shall be deemed to be denial of any site plan submitted.

Upon approval or denial of any site plan required by this section, the Department shall forthwith notify the Construction Official thereof who shall either issue the building permit if the same is approved; or if rejected, mark the application "Rejected." No Certificate of Occupancy shall be issued by the Construction Official unless and until proof has been submitted to him that all conditions of site plan approval have been fully met and complied with.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection 27-1.6c, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsections 27-1.10bl, Specific Standards, Residential Construction, and 27-1.10b2, Specific Standards, Nonresidential Construction.

Information to Be Obtained and Maintained. The Construction Official shall:

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.

For all new or substantially improved flood-proofed structures:

(a)

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

(b)

Maintain the flood-proofing certifications required in subsection 27-1.7b3.

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

Alteration of Watercourses. The City Engineer shall:

Notify adjacent communities and the New Jersey Department of Environmental Protection, Land Use Regulation Program and Dam Safety and Flood Control prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

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. The City Engineer shall make interpretations where needed, as to the exact location of the boundaries of the areas if 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 subsection 27-1.9.

§ 27-1.9 Variance Procedures.

[Ord. No. 02-2525 § 1; Ord. 06-2725 § 1]

Appeals.

The City Administrator shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Engineer or Construction Official in the enforcement or administration of this chapter.

Those aggrieved by the decision of the Department, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided by law.

In passing upon such applications, the Department 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 use which are not subject to flooding or erosion damage;

(e)

The necessity to the facility of a waterfront location, where applicable;

(f)

The availability of alternative locations for the proposed use that 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 planned flood plain management program of that area;

(i)

The safety of access to the property in times of flood for ordinary vehicles and emergency vehicles;

(j)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(k)

The costs of providing government 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.

Upon consideration of the factors of subsection 27-1.9a3 and the purposes of this chapter, the Department may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

The City Administrator shall maintain the records of all appeal actions, including technical information and report any variances to the Federal Emergency Management Agency upon request.

Conditions for Variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) to (k) in subsection 27-1.9a3 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance 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.

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 27-1.9a3, or conflict with existing local laws or ordinances.

(d)

Any applicant to whom a variance is granted shall be given written notice that the structures 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.

§ 27-1.10 Provisions for Flood Hazard Reduction.

[Ord. No. 02-2525 § 1; Ord. No. 06-2725 § 1]

General Standards. In all areas of special flood hazards the following standards are required:

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, the 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.

(a)

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

(b)

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

Utilities.

(a)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(b)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and contamination into flood waters.

(c)

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

(d)

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.

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(b)

All subdivision proposals shall have public utilities and facilities such as sewers, gas, electrical, and water systems located and constructed to minimize flood damage;

(c)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(d)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) 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 (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 27-1.6c, Basis for Establishing the Areas of Special Flood Hazard or in subsection 27-1.8e, Use of Other Base Flood Data, the following standards are required:

Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

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 attendant utility and sanitary facilities, shall:

(a)

Be flood-proofed so that below the base level the structure is watertight with walls substantially impermeable to the passage of water;

(b)

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

(c)

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 subsection 27-1.8f2.

Manufactured Homes. Manufactured homes, including prefabricated homes, shall be anchored in accordance with subsection 27-1.10a1. All manufactured, and/or pre-fabricated 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.

Floodways. Located within areas of special flood hazard established subsection 27-1.6c are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

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.

If subsection 27-1.10d1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsection 27-1.10, Provisions for Flood Hazard Reductions.

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 two-tenths (0.2) of a foot at any point.

§ 27-2 CONSTRUCTION OF STRUCTURES WITHIN STREAMS, BROOKS AND DRAINAGEWAYS.

§ 27-2.1 Notice to City Engineer; Approved; Conditions.

[Ord. No. 1403 § 1]

No structure, fence, pier, building or other obstruction within the natural and ordinary high water mark of any stream, brook or drainageway located within the City shall be made by any person or corporation without notice to the City Engineer, and in no case without complying with such conditions as the City Engineer may prescribe for preserving the channel and providing for the flow of water therein to safeguard the public against danger or damage to person or property from the waters impounded or affected by such structure, fence, pier, building or other obstruction, and this prohibition shall apply to any renewal of existing structures. No such approval by the City Engineer shall impair or affect any property rights, otherwise existing, which might be invaded by the construction or maintenance of any such structure, fence, pier, building or other obstruction.

§ 27-2.2 Hearing; Order to Remove or Repair; Compliance.

[Ord. No. 1403 § 2]

The City Engineer may, whenever in his judgement public safety so requires, and after a hearing either on his own motion or upon complaint, make and serve an order directing any person, corporation, officer or board constructing, maintaining or using any such structure, fence, pier, building or other obstruction in any stream, brook or drainageway of this City to remove or repair it within such reasonable time and in such manner as shall be specified in the order.

Every such person, corporation, officer of Board shall obey, observe and comply with the order and with the conditions prescribed by the City Engineer for preserving the channels of streams, brooks, or drainageways and for safeguarding the public against danger or damage to person or property from waters impounded by structures, fences, piers, buildings or other obstructions hereinbefore referred to.

§ 27-2.3 Penalty for Violation.

[Ord. No. 1403 § 3]

Every person, corporation, officer of board failing, omitting or neglecting so to do, or who constructs any such structure, fence, pier, building or other obstruction in any stream, brook or drainageway without submitting to the City Engineer plans therefor and obtaining approval thereof, or who fails to remove, construct or reconstruct the same in accordance with the plans so approved shall upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. Every violation of this section shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be and be deemed to be a separate and distinct offense.