[HISTORY: Adopted by the Mayor and Council of the Borough of Closter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 89.
Subdivision of land and site plan review --See Ch. 173.
Zoning — See Ch. 200.
[Adopted 3-23-1983 by Ord. No. 1983:446 (Ch. 41 of the 1967 Code)]
A. 
The flood hazard areas of the Borough of Closter may be 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, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
It is the purpose of this article 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 to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
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. 
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.
[Amended 1-3-1994 by Ord. No. 1993-663]
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
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 or other development which may increase flood damage.
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
[Amended 3-11-1987 by Ord. No. 1987:539]
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AH ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detail hydraulic analyses are shown in this zone.
[Added 7-24-2019 by Ord. No. 2019:1259]
AO ZONE
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
[Added 7-24-2019 by Ord. No. 2019:1259]
APPEAL
A request for review of the Chief Construction Official's interpretation of any provisions of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from 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.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within the community subject to a one-percent 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.
[Amended 7-24-2019 by Ord. No. 2019:1259]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year.
[Amended 7-24-2019 by Ord. No. 2019:1259]
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 one-percent or greater chance of being equaled or exceeded in any given year.
[Added 7-24-2019 by Ord. No. 2019:1259]
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
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 within the area of special flood hazard.
[Amended 7-26-1995 by Ord. No. 1995:701]
ELEVATED BUILDING
[Amended 7-24-2019 by Ord. No. 2019:1259]
(1) 
A nonbasement building:
(a) 
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
(b) 
Adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.
(2) 
In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation premier walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EROSION
The process of gradual wearing away of land masses.
[Added 7-24-2019 by Ord. No. 2019:1259]
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.
[Added 7-24-2019 by Ord. No. 2019:1259]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the usual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard 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.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a 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.
[Added 7-26-1995 by Ord. No. 1995:701]
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.
[Added 7-24-2019 by Ord. No. 2019:1259]
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 two-tenths (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.
[Added 7-24-2019 by Ord. No. 2019:1259]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
[Added 7-24-2019 by Ord. No. 2019:1259]
HISTORIC STRUCTURE
[Added 7-26-1995 by Ord. No. 1995:701]
Any structure that is:
(1) 
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;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the 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 of 44 CFR 60.3.
[Amended 7-24-2019 by Ord. No. 2019:1259]
NEW CONSTRUCTION
Structures for which the start of construction commences on or after the effective date of this chapter.
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.
[Amended 7-26-1995 by Ord. No. 1995:701]
STRUCTURE
A walled and roofed building, a mobile home or a gas or liquid storage tank that is principally above ground.
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.
[Added 7-26-1995 by Ord. No. 1995:701]
SUBSTANTIAL IMPROVEMENT
[Amended 7-26-1995 by Ord. No. 1995:701; 7-24-2019 by Ord. No. 2019:1259]
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:
(1) 
Any project for improvement of a structure to correct existing violations of state of 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
(2) 
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 article. 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)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Added 7-24-2019 by Ord. No. 2019:1259]
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Closter, County of Bergen and State of New Jersey.
[Amended 7-26-1995 by Ord. No. 1995:701; 7-13-2005 by Ord. No. 2005:942; 7-24-2019 by Ord. No. 2019:1259]
The areas of special flood hazard identified by the Flood Insurance Administration, for the Borough of Closter, Community Identification Number (CID) is 340023, a scientific and engineering report entitled The Flood Insurance Study (FIS) with accompanying flood insurance rate maps (FIRMs) for Bergen County, New Jersey (All Jurisdictions) whose panel numbers are: 34003CO182H, 34003CO201H, 34003CO202H, 34003CO203H, 34003CO204H, 34003CO206H, 34003CO210H, as shown on Index and Panels whose effective date is August 28, 2019.
[Amended 1-3-1994 by Ord. No. 1993:663; 7-24-2019 by Ord. No. 2019:1259]
No structure or land shall hereafter be constructed, located, relocated, extended, converted or altered without full compliance with the terms of the 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 subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Closter from taking such other lawful action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions 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.
C. 
Deemed neither to limit nor 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 areas of special flood hazard 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 Closter, any officer or employee thereof or the Federal Insurance Administration for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
[Amended 7-24-2019 by Ord. No. 2019:1259]
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 § 108-6. Application for a development permit shall be made on forms furnished by the Chief 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 § 108-16B.
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 chapter by granting or denying development permit applications in accordance with its provisions.
[Amended 3-11-1987 by Ord. No. 1987:539]
A. 
Duties of the Chief Construction Official shall include but not be limited to:
(1) 
Review of all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review of 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 of all development permits to determine if the proposed development is located in the floodway and, if located in the floodway, assurance that the encroachment provisions of § 108-17A are met.
B. 
Use of other flood data. When base flood elevation and floodway data has not been provided in accordance with § 108-6, Basis for establishing areas of special flood hazard, the Chief 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 § 108-16A and B.
C. 
Information to be obtained and maintained. The Chief Construction Official shall:
(1) 
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor 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.
(b) 
Maintain the floodproofing certifications required in § 108-11C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses. The Chief Construction Official shall:
(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 (FIA).
[Amended 7-24-2019 by Ord. No. 2019:1259]
(2) 
Require that maintenance is provided within the altered or relocated portion of said watercourse, so that the flood-carrying capacity is not diminished.
E. 
Interpretation of FIRM boundaries. The Chief Construction Official shall 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 § 108-14.
F. 
Substantial damage review.
[Added 7-24-2019 by Ord. No. 2019:1259]
(1) 
After an event resulting in building damages, assess the damage to structure due to flood and nonflood causes.
(2) 
Record and maintain the flood and nonflood 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.
(3) 
Ensure substantial improvements meet the requirements of § 108-16A (specific standards, residential construction), § 108-16B (specific standards, nonresidential construction) and § 108-16C (specific standards, manufactured homes).
A. 
Appeal Board.
(1) 
The Planning Board, as established by the Borough of Closter, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Chief Construction Official in the enforcement or administration of this chapter.
(3) 
Those aggrieved by the decision of the Chief Construction Official, or any taxpayer, may appeal such decisions to the Borough Planning Board as provided in this section.
(4) 
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) 
The danger that materials may be swept onto other lands to the injury of others.
(b) 
The danger to life and property due to flooding or erosion damage.
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) 
The importance of the services provided by the proposed 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 time 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.
(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.
(5) 
Upon consideration of the factors of Subsection A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) 
The Planning Board 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 one-half ( 1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond the one-half ( 1/2) acre, the technical justification required for issuing the variance increases.
(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.
[Amended 7-26-1995 by Ord. No. 1995:701]
(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 pursuant to N.J.S.A. 40:55D-70c.
(c) 
A determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense or create nuisances or cause fraud on or victimization of the public as identified in Subsection A(4) or conflict with existing 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. The proposed lowest floor elevation and the lowest opening must be at least 1.0 feet above the base flood elevation which must be established for each given location.
[Amended 3-11-1987 by Ord. No. 1987:539; 7-24-2019 by Ord. No. 2019:1259]
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. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to the flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities. For all new construction and substantial improvements:
(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.
(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 and other proposed new development shall be consistent with the need to minimize flood damage;
(2) 
All subdivision proposals and other proposed new developments 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. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) 
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.
(2) 
The bottom of all openings shall be no higher than one foot above grade.
(3) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[Amended 3-11-1987 by Ord. No. 1987-539; 7-24-2019 by Ord. No. 2019:1259]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 108-6, Basis for establishing areas of special flood hazard, or in § 108-13B, Use of other 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 plus one foot or as required by ASCE/SEI 24-14, Table 2-1;
(2) 
Require within any AO or AH Zone on the municipalities 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.
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 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 municipalities DFIRM 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.
C. 
Manufactured homes.
(1) 
Manufactured homes shall be anchored in accordance with § 108-15A.
(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; and
(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 § 108-6 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. 
Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited, 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 the provisions of Subsection A are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 108-15 and 108-16.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, which prohibited the placement of mobile homes outside of mobile home parks, was repealed 7-26-1995 by Ord. No. 1995:701.
D. 
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 foot at any point.
[Adopted 4-14-1999 by Ord. No. 1999:789]
A. 
It is in the best interest of the Borough of Closter to establish as a minimum requirement that all applications involving the tearing down of an existing one- or two-family residence for the purpose of constructing a new one- or two-family residence or an application for the expansion of an existing one- or two-family residence in which the completed structure shall have a roof surface 1/3 or larger than the existing roof surface shall provide for a zero increase in stormwater runoff.
B. 
Recent development of property within the Borough of Closter has increased the discharge of stormwater.
C. 
The Borough of Closter's stormwater system has been impacted by the increase in the discharge of stormwater which, if unregulated, will severely impede the operation of the stormwater system.
D. 
Stormwater runoff created by development not subject to Planning Board review is currently unregulated.
It is the purpose of this article 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 to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
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.
E. 
Help maintain a stable tax base by avoiding over utilization of municipal stormwater utilities.
This article shall apply to:
A. 
All applications for building permits for the construction of a one- or two-family residence or involving the tearing down of an existing one- or two-family residence.
B. 
All applications for building permits for the enlargement or addition to an existing one- or two-family residence in which the completed development shall have a roof surface area 1/3 or larger than the existing roof surface area.
A. 
All applications for a building permit for properties to which this article applies shall contain a plan or certification providing for a zero increase in stormwater runoff for the completed project. As part of this application, permanent property markers are required.
[Amended 8-23-2006 by Ord. No. 2006:973]
B. 
The Borough Engineer shall review each application for a building permit for properties to which this article applies and approve same as providing for a zero increase in stormwater runoff for the completed project.
C. 
No building permit shall be issued for any project to which this article applies when, in the opinion of the Borough Engineer, the applicant fails to provide for a zero increase in stormwater runoff.
D. 
At the time of the application for a building permit for any project to which this article applies, the applicant shall deposit $2,500 in escrow if applying for new construction to cover or defray the cost of the Borough Engineer’s review of the application relative to stormwater runoff and/or other site-work related items; or $600 in escrow if there is an increase of existing roof area by 1/3 or more to cover or defray the cost of the Borough Engineer’s review of the application relative to stormwater runoff.
[Amended 8-8-2007 by Ord. No. 2007:991; 6-24-2015 by Ord. No. 2015:1192]
[Amended 7-24-2019 by Ord. No. 2019:1259]
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance 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 and force and effect, and for this purpose the provisions of this ordinance are hereby declared to be severable.
All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency.
[Amended 7-24-2019 by Ord. No. 2019:1259]
This ordinance shall be effective on July 24, 2019, and shall remain in force until modified, amended or rescinded by the Borough of Closter, County of Bergen, State of New Jersey.