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 § 142-72. Application for a development permit shall be made on forms furnished by the 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, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A.
Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
B.
Elevation in relation to mean sea level to which any structure has
been floodproofed;
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section § 142-81H; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Chief Construction Official is hereby appointed to administer
and implement this Part 2 by granting or not granting development
permit applications in accordance with its provisions.
The duties of the Chief Construction Official shall include
but not be limited to:
A.
Reviewing all development permits to determine that the permit requirements
of this Part 2 have been fulfilled.
B.
Reviewing all development permits to determine that all necessary
permits have been obtained from federal, state or local governmental
agencies from which prior approval is required.
C.
Reviewing all development permits to determine if the proposed development is located in the floodway; if located in the floodway, to assure that the encroachment provisions of § 142-81J(1) are fulfilled.
D.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 142-72, Basis for establishing areas of special flood hazard; study on file, the 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 § 142-81G, Residential construction, and § 142-81H, Nonresidential construction.
E.
Information to be obtained and maintained.
(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.
(3)
Maintain for public inspection all records pertaining to the provisions
of this Part 2.
F.
Alteration of watercourses.
(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.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
G.
Substantial damage review.
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
(2)
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
H.
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 § 142-80.
A.
Appeal board.
(1)
The River Vale Joint Planning Board shall hear and decide appeals
and requests for variances from the requirements of this Part 2.
(2)
The River Vale Joint Planning Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the Construction Official in the enforcement
or administration of this Part 2.
(3)
Those aggrieved by the decision of the River Vale Joint Planning
Board, or any taxpayer, may appeal such decision to the Superior Court,
Law Division, as provided in N.J.S.A. 40:55D-1 et seq.
(4)
In passing upon such applications, the River Vale Joint Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Part 2, 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.
(6)
The 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 (k) 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 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.
(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.
In all areas of special flood hazard, 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 to be placed or substantially improved shall
be anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind
forces.
B.
Construction materials and methods.
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. 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: 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.
G.
Residential construction.
(1)
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.
(2)
Require within any AO or AH zone on the municipality's DFIRM that
all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified);
and require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
H.
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
zone shall have the lowest floor, including basement together with
the attendant utilities and sanitary facilities, as well as all electrical,
heating, ventilating, air-conditioning and other service equipment
either:
(1)
Elevated at or above the more restrictive, base flood elevation plus
one foot, or as required by ASCE/SEI 24-14, Table 2-1; and require
within any AO or AH zone on the municipality's FIRM 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
(2)
Be floodproofed so that below the more restrictive, base flood elevation plus one foot, or as required by ASCE/SEI 24-14, Table 6-1, the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 142-79E(2)(b).
I.
Manufactured homes.
(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.
(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 securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
J.
Floodways. Located within areas of special flood hazard established in § 142-72 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:
(1)
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.
(3)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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.
If any section, subsection, paragraph, sentence, clause, or phrase of this Part 2 shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Part 2 are hereby declared to be severable.
This Part 2 shall take effect following adoption and approval
in a time and manner prescribed by law and shall remain in force until
modified, amended or rescinded by the Township of River Vale, Bergen
County, New Jersey.
