Editor's Note: Prior ordinance history includes portions
of 1972 Code §§ 28-1–28-6.
[Ord. No. O-06-26 § 1]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Municipal Council
of the City of Bayonne, New Jersey does ordain as follows.
[Ord. No. O-06-26 § 1]
a.
The flood hazard areas of the City of Bayonne are subject to periodic
inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
b.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Ord. No. O-06-26 § 1]
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 designated:
a.
To protect human life and health;
b.
To minimize expenditure of public money for costly flood control
projects;
c.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d.
To minimize prolonged business interruptions;
e.
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
f.
To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
g.
To insure that potential buyers are notified that property is in
an area of special flood hazard; and
h.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. O-06-26 § 1]
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 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 flood plains, 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.
[Ord. No. O-06-26 § 2]
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.
Shall mean a request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
Shall mean a designated AO or AH Zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% 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 indeterminable,
and velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Shall mean the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
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.
Shall mean any manmade 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.
Shall mean a nonbasement building (i) 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 ground level by means of
piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and (ii) 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" shall also include a building elevated by means of fill
or solid foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of flood waters.
Shall mean 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.
Shall mean the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Maps and the water surface elevation of the base
flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain ordinance, grading ordinance and erosion control ordinances)
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.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean 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 a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; and
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Shall mean 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 as to render the
structure in violation of other applicable nonelevation design requirements.
Shall mean 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".
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean 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.
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 municipality.
Shall mean a vehicle which is (i) built on a single chassis;
(ii) 400 square feet or less when measured at the longest horizontal
projections; (iii) designed to be self-propelled or permanently towable
by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act, P.L. 97-348), shall include
substantial improvement and shall mean the date the building permit
was issued; provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start shall mean 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,
piers, or foundation 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 substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or any structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Shall mean a walled and roofed building, a mobile home, a
manufactured home, or a gas or liquid storage tank, that is principally
above ground.
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 50% of the market value of the structure
before the damage occurred.
Shall mean:
Any repair, reconstruction, rehabilitation, addition or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred.
For the purposes of this definition substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
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."
Shall mean a grant of relief from the requirements of this
chapter which permits construction in a manner that would otherwise
be prohibited by this chapter.
[Ord. No. O-06-26 § 3]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of Bayonne, Hudson County, New
Jersey.
[Ord. No. O-06-26 § 3]
The areas of special flood hazard for the City of Bayonne, Community
No. 340218 are identified by the Federal Insurance Administration
in a scientific and engineering report entitled "The Flood Insurance
Study for the City of Bayonne," dated August 16, 2006, with accompanying
Flood Insurance Rate Maps is hereby adopted by reference and declared
to be a part of this chapter. The Flood Insurance Study is on file
in the office of the construction official of the City of Bayonne.
The Flood Insurance Rate Maps (FIRM) shall consist of those maps recognized
by the Federal Insurance Administration as the current official rate
maps for the City of Bayonne and any revisions thereto without further
amendment of this chapter.
The areas of special flood hazard for the City of Bayonne, Community
No. 340218 are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Hudson
County, New Jersey (all jurisdictions)" dated August 16, 2006.
b.
Flood Insurance Rate Map for Hudson County, New Jersey (all jurisdictions)
as shown on panel number(s) 0092, 0093, 0094, 0103, 0111, 0112, 0113,
0114 whose effective date is August 16, 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 the Bayonne City Offices, 630 Avenue C, Bayonne, N.J. 07002.
|
[Ord. No. O-06-26 § 3]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Violation of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this chapter or fails to comply with any of its requirements
shall upon conviction thereof, be fined not more than $1,250 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 City of Bayonne from taking such other
lawful action as is necessary to prevent or remedy any violation.
[Ord. No. O-06-26 § 3]
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.
[Ord. No. O-06-26 § 3]
In the interpretation and application of this chapter all provisions
shall be:
[Ord. No. O-06-26 § 3]
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 Bayonne, 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.
[Ord. No. O-06-26 § 4]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 29-3.2. 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 flood proofing criteria in subsection 29-6.2b.
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. O-06-26 § 4]
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. O-06-26 § 4]
Duties of the Construction Official shall include, but not 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 a floodway.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 29-3.2, Basis for Establishing the Areas of Special Flood Hazard, 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 subsection 29-6.2a, Specific Standards, Residential Construction, and 29-6.2b., Specific Standards, 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.
3.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
[Ord. No. O-06-26 § 4]
The Flood Plan Administrator is responsible for the following:
a.
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.
b.
Require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood carrying capacity is
not diminished.
[Ord. No. O-06-26 § 4]
The Flood Plan Administrator must 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 Section 29-5.
[Ord. No. O-06-26 § 5]
a.
The Construction Board of Appeals (hereinafter "Board"), as established
by the City of Bayonne, shall hear and decide appeals and requests
for variance from the requirements of this chapter.
b.
The 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 chapter.
c.
Those aggrieved by the decision of the Board, or any taxpayer, may
appeal such decision to the Superior Court of New Jersey, as provided
by Superior Court of N.J. Statute N.J.S.A. 52:22D-127 et seq.
d.
In passing upon such applications, the Board shall consider all technical
evaluations, all relevant factors, standards specified in other sections
of this chapter; and
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger of life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the comprehensive plan and
flood plain management program of that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
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
11.
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, water systems, streets
and bridges.
e.
Upon consideration of the factors of subsection 29-5.1d and the purposes of this chapter, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
f.
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.
[Ord. No. O-06-26 § 5]
a.
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 items 1—11 in subsection 29-5.1d have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
b.
Variances may be issued for the reconstruction, rehabilitation or
restoration of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
c.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
e.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3.
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 29-5.1d, or conflict with existing local laws or ordinances.
f.
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 flood elevation.
[Ord. No. O-06-26 § 6]
In all areas of special flood hazards the following standards
are required:
a.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.
All manufactured homes shall be anchored to resist flotation, collapse
or lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over-the-top of 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; and
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4.
Electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need to minimize
flood damage;
2.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
3.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
4.
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres (whichever is less).
e.
Enclosure Openings. For all new construction and substantial improvements,
fully enclosed areas below the lowest flood 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 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.
[Ord. No. O-06-26 § 6]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 29-3.2, Basis for Establishing the Area of Special Flood Hazard, or in subsection 29-4.3b, Use of Other Base Flood and Floodway Data, the following standards are required:
a.
Residential Construction. New construction and substantial improvement
of any residential structure shall have the lowest flood, including
basement, elevated to or above base flood elevation, and 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, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified). And, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
b.
Nonresidential Construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to the
level of the base flood elevation; or, together with attendant utility
and sanitary facilities, shall:
1.
Be required within any AO zone on the municipality's FIRM that
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified); require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures;
2.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
3.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
4.
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 29-4.3c2.
[Ord. No. O-06-26 § 6]
b.
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall be elevated on a permanent foundation
such that the top of the lowest floor is at or above the base flood
elevation.
