[Ord. No. 08-2006 § 1.1]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1 et seq., delegated the responsibility to local government
units to adopt regulations designed to promote public health, safety
and general welfare of its citizenry. Therefore, the Mayor and Borough
Council of the Borough of East Newark, County of Hudson, State of
New Jersey do ordain as follows regulations.
[Ord. No. 08-2006 § 1.3]
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood control
projects;
c. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, 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. 08-2006 § 1.4]
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 flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters;
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 flood waters or which may increase flood hazards
in other areas.
[Ord. No. 08-2006 § 2.0]
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 Building Sub-Code
Official's; interpretation of any provision of this chapter or
a request for a variance.
AREA OF SHALLOW FLOODING
Shall mean a designated AO or AH zone on a community's
Flood Insurance Rate Map with a 1% or greater chance of flooding to
an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding 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 1% or greater chance of flooding in any given year.
BASE FLOOD
Shall mean the flood having a 1% 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 WALL
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.
DEVELOPMENT
Shall mean any man-made change to improved or unimproved
real estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within an
area of special flood hazard.
ELEVATED BUILDING
Shall mean a non-basement building (i) 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 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 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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
Shall mean the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Map and the water surface elevation of the base
flood.
FLOOD or FLOODING
Shall mean 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.
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.
HIGHEST ADJACENT GRADE
Shall mean the highest natural elevation of the ground surface
prior to the proposed walls of a structure.
HISTORIC STRUCTURE
Shall mean any structure that is:
a.
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;
b.
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;
c.
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
d.
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
Shall mean the lowest floor in 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 buildings 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 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 "recreation vehicle."
NEW CONSTRUCTION
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.
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 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.
RECREATIONAL VEHICLE
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.
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), shall include
substantial improvements 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 date 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 shall mean the first alteration of
any wall, ceiling, floor, or other structural part of a 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 50% of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures, which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
a.
Any project 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
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. 08-2006 § 2.1]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of East Newark, Hudson County,
New Jersey.
[Ord. No. 08-2006 § 3.2]
The areas of special flood hazard for East Newark, Community
No. 340219, 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 Index and panel number(s) 0018, 0081; 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 Borough Clerk Office located at 34 Sherman Avenue, East Newark,
New Jersey 07029-2793
[Ord. No. 08-2006 § 3.3]
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 liable for the penalty stated in Chapter
1, Section
1-5 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of East Newark from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 08-2006 § 3.4]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 08-2006 § 3.5]
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 nor repeal any other powers granted under
State statutes.
[Ord. No. 08-2006 § 3.6]
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
This chapter shall not create liability on the part of the Borough
of East Newark, 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. 08-2006 § 4.2]
The Building Sub-Code Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 08-2006 § 4.3]
Duties of the 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 government agencies
from which prior approval is required.
3. Review all development permits to determine if the proposed development
is located in the 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
26-3.2, 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 subsections
26-5.2a, Specific Standards, Residential Construction, and 26-5.2b, 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.
2. For all new or 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 subsection
26-4.1b3.
3. Maintain for public inspections all records pertaining to the provisions
of this chapter.
d. Alteration of Watercourses.
1. Notify adjacent communities and the state coordinating agency prior
to any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
e. Interpretation of FIRM Boundaries. 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 filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection
26-4.4.
[Ord. No. 08-2006 § 5.1]
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 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 improvements 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 flood waters 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. 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. 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 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.
[Ord. No. 08-2006 § 5.3]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection
26-3.2, Basis for Establishing the Areas of Special Flood Hazard, or in subsection
26-4.3b, Use of Other Base Flood Data, the following standards are required:
a. Residential Construction.
1. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above
base flood elevation:
2. Require within any AO zone on the Borough'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.
1. 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 the attendant utilities and sanitary facilities,
shall;
2. Be required within any AO zone on the Borough'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). And, require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures; or
3. Be flood proofed so that below the base flood level 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 subsection 26-4.3c2.
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with subsection
26-5.1a2.
2. 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.