The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1, et seq. and 40:55D-1 et seq., delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety and general welfare of its citizenry. Therefore,
the Mayor and Council of the Borough of River Edge, County of Bergen,
State of New Jersey, does ordain as follows.
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 interruption;
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 sound 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
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
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.
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. As used in this chapter, the following terms shall have
the meanings indicated:
AH ZONE
Areas subject to inundation by 1% annual chance shallow flooding
(usually areas of ponding) where average depths are between one and
three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic
analyses are shown in this zone.
AO ZONE
Areas subject to inundation by 1% annual chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
APPEAL
A request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on the Flood Insurance Rate Map
(FIRM) with a 1% annual or greater chance of flooding to an average
depth of one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
AREA OF SPECIAL FLOOD HAZARD
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.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE)
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.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available flood risk guidance FEMA has provided.
The best available flood hazard data may be depicted on but not limited
to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and
FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available flood elevation FEMA has provided.
The best available flood hazard data elevation may be depicted on
an Advisory Flood Hazard Area Map, Work Map or Preliminary FIS and
FIRM.
BREAKAWAY WALL
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.
DEVELOPMENT
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.
ELEVATED BUILDING
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 base flood elevation plus freeboard 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.
EROSION
The process of gradual wearing a way of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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 areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as 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.
FLOODPROOFING
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.
FLOODWAY
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.
FREEBOARD
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC 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;
A.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered district.
B.
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
C.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, 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 Section 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
NEW CONSTRUCTION
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projection; 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.
START OF CONSTRUCTION
[for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)] Includes
substantial improvements and means the date the building permit was
issued, provided that the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of a slab or footings, the installation of piles, the
construction of columns or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds, not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration effects the external dimensions of the building.
STRUCTURE
A walled or roofed building, a mobile home, or a gas or liquid
storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any projects 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
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
VARIANCE
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
VIOLATION
The failure of a structure or other development to be fully
compliant with this ordinance. 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.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Borough of River Edge, Bergen County,
New Jersey.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another 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. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit or repeal any other powers granted under
state statutes.
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 with such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Borough of River Edge, any officer or employee
thereof or the Federal Insurance Administrations, for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
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 §
216-7. 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. The elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
B. The 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 §
216-20; and
D. A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
The 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 Construction Official as local administrator shall
include but not be limited to:
A. Permit review:
(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.
(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of §
216-21 are met.
B. Use of other base flood data: When base flood elevation and floodway data has not been provided in accordance with §
216-7, Basis for establishing the areas of special flood hazard, the local administrator 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 §
216-21A, Residential construction, and §
216-21B, Nonresidential construction.
C. 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.
(2) For all new 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 §
216-12C.
(c)
Maintain for public inspection all records pertaining to the
provisions of this chapter.
Make interpretation, 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 §
216-18.
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 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.
(1) All new construction and substantial improvement shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
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).
(5) 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 and 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 coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in §
216-7, Basis for establishing the areas of special flood hazard, or in §
216-14B, Use of other base flood data, the following standards are required:
A. 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 (published FIS/FIRM) plus one foot, the best
available flood hazard data 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)
or at or above the best available flood hazard data elevation plus
one foot, whichever is more restrictive. And, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
B. 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 (published
FIS/FIRM) plus one foot, the best available flood hazard data elevation
plus one foot, or as required by ASCE/SEI 24-14, Table 2-1; and
(2) 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) or at or above the best available flood hazard
data elevation plus one foot, whichever is more restrictive; and,
require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures; or
(3) Be floodproofed so that below the more restrictive, base flood elevation
(published FIS/FIRM) plus one foot, the best available flood hazard
data 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;
(4) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(5) 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 §
216-14C(2)(b).
C. Manufactured homes:
(1) Manufactured homes shall be anchored in accordance with §
216-20A(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
(published FIS/FIRM) plus one foot, the best available flood hazard
data elevation plus one foot, or as required by ASCE/SEI 24-14, Table
2-1;
(e)
The manufactured home chassis is 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 §
216-7 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 encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B. If Subsection
A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§
216-20 through
216-22.
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.