[Prior history includes: 1983 Code § 106; Ord. No. 11-02; Ord. No.
2015-19; Ord. No. 2017-22.]
[Amended 3-25-2020 by Ord. No. 20-10]
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 the public health,
safety, and general welfare of its citizenry. Therefore, the Borough
Council of the Borough of Pompton Lakes, Passaic County, New Jersey
does ordain as follows.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
The flood hazard areas of Borough of Pompton Lakes 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, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
[Amended 3-25-2020 by Ord. No. 20-10]
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 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.
[Amended 3-25-2020 by Ord. No. 20-10]
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.
[Amended 3-25-2020 by Ord. No. 20-10]
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:
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
detailed hydraulic analyses are shown in this 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.
A request for a review of the Construction Official's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO, AH, or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent annual or greater chance
of flooding to an average depth of one foot 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.
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.
A flood having a 1% chance of being equaled or exceeded in
any given year.
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary 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.
The most recent available preliminary flood elevation guidance
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.
A wall that is not part of the structural support of the
building and which 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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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.
A non-basement 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.
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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 flood waters.
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An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support a required for a
Letter of Map Amendment (LOMA) or Letter of Map Revision based on
fill (LOMR-F).
The process of gradual wearing away of land masses.
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.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents.
An American Society of Civil Engineers (ASCE) classification
of buildings and other structures for determination of flood loads
and conditions and determination of minimum elevation requirements
based on risk associated with unacceptable performance.
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.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
Certification by an engineer or architect to certify a floodproofing
design for a non-residential building.
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.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a 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;
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 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; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, useable 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 as to render the structure in violation
of other applicable non-elevation design requirements of 44 CFR Section
60.3.
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."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
The draft version of the FIRM released for public comment
before finalization and adoption.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
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
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. No. 97-348), includes
substantial improvements and means 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" 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 pilings,
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 that alteration
affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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 Damage also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period the cost of which equals or
exceeds 50% of the market value of the structure before the "start
of construction" of the improvement. Substantial improvement also
means "cumulative substantial improvement." As an example, costs incurred
in August 2017 shall only be cumulative until August 2027, after which
time they shall no longer apply to the cumulative calculation. This
term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed or "repetitive loss".
The term does not, however, include either:
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
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
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The determination of market value shall be established using
the Borough improvement assessment as determined by the Assessor and
adjusted by the Borough Equalization Ratio. Any property owner who
is aggrieved by the determination of value established herein may
appeal said value to the Administrator established in this chapter
by providing an appraisal prepared by an appraiser from the list of
appraisers maintained by the Borough Clerk. Said list of appraisers
shall contain no fewer than three names of licensed appraisers. The
cost of any such appraisal shall be the responsibility of the property
owner. Upon receipt of such an appraisal, the Administrator shall
use the improvement value established therein as the market value
for the subject property.
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A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. 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.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the flood plains of coastal or riverine
areas.
[Amended 3-25-2020 by Ord. No. 20-10]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Pompton Lakes, Passaic County,
New Jersey.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
The areas of special flood hazard for the Borough of Pompton Lakes,
Community No. 345528, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
1.
A scientific and engineering report entitled "Flood Insurance Study,
Passaic County, New Jersey (All Jurisdictions)," dated April 17, 2020.
2.
Flood Insurance Rate Map for Passaic County, New Jersey (All Jurisdictions),
as shown on Index and Panel Numbers 34031CIND0B, 34031C0143G, 34031C0144G,
34031C0181G, and 34031C0182G; the effective date of which is April
17, 2020.
3.
Best Available Flood Hazard Data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or Base Flood Elevation conflict
or overlap with the Best Available Flood Hazard Data, whichever imposes
the more stringent requirement shall prevail.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study, maps and advisory documents
are on file at the Pompton Lakes Municipal Offices, 25 Lenox Ave,
Pompton Lakes, NJ.
[Amended 3-25-2020 by Ord. No. 20-10]
No structure or land shall hereafter be constructed, relocated
to, 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 $500 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 Borough of
Pompton Lakes from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Amended 3-25-2020 by Ord. No. 20-10]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and any other ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Amended 3-25-2020 by Ord. No. 20-10]
In the interpretation and application of this chapter, all provisions
shall be:
[Amended 3-25-2020 by Ord. No. 20-10]
A.
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.
B.
This chapter shall not create liability on the part of the Borough
of Pompton Lakes, 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.
C.
Notice to prospective tenant or lessee. The owner of every property located within a flood hazard area of the Borough of Pompton Lakes shall notify any prospective tenant or lessee in writing that the premises are located within a flood hazard area of the Borough of Pompton Lakes and shall file with the officer designated in Section 16-13 of this chapter a copy of said notification, together with proof of service of the same upon proposed lessee or tenant.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
The Borough of Pompton Lakes shall establish and maintain a local development permitting system to determine whether such proposed construction or other development is reasonably safe from flooding. A local Development Permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 16-7. Application for a Development Permit shall be made on forms furnished by the (local administrator) 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; a description of the flood design class, and the location of the foregoing.
B.
Specifically, the following information is required:
1.
Elevation, in relation to zero-foot elevation NAVD 88 datum, of the
lowest floor (including basement) of all structures;
2.
Elevation, in relation to zero-foot elevation NAVD 88 datum, to which
any structure has been floodproofed;
3.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 16-16B;
4.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
5.
A grading plan prepared by a licensed engineer, showing existing
and proposed elevations, based upon NAVD 88 datum, and showing base
flood elevations, wherever applicable, of the premises within 100
feet of the property for which the permit is subject and all property
within 100 feet thereof.
6.
Any forms, plans, or information required pursuant to any applicable
FEMA publication.
[Amended 3-25-2020 by Ord. No. 20-10]
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Amended 3-25-2020 by Ord. No. 20-10]
Duties of the Construction Official shall include, but not be
limited to the following:
A.
Permit review. The Construction Official shall:
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; assure that the encroachment provisions
of § 16-16C are met.
4.
Review all permit applications to determine whether proposed building
sites are reasonably safe from flooding.
5.
Review all permit applications to determine whether development complies
with all applicable FEMA Publications.
6.
Review all permit applications to determine whether development complies
with all applicable New Jersey Land Use requirements.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 16-7, Basis for Establishing 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 § 16-16B, Specific standards for residential construction, and § 16-16B, Specific standards for nonresidential construction.
C.
Information to be obtained and maintained. The Construction Official
shall:
1.
Obtain and record on a current Elevation Certificate the actual elevation
(in relation to zero-foot elevation NAVD 88 datum) of the lowest floor
(including basement) of all new or substantially improved structures,
and whether the structure contains a basement.
2.
For all new or substantially improved floodproofed structures:
(a)
Verify and record on a Floodproofing Certificate the actual
elevation (in relation to zero-foot elevation NAVD 88 datum);
(c)
Record the study date of the Best Available Flood Hazard Data
(and other documents) used to determine the actual elevation of the
lowest floor (including basement) of all new or substantially improved
structures; and
(d)
Maintain for public inspection all records pertaining to the
provisions of this chapter.
D.
Alteration of watercourses. The Construction Official shall:
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Engineering, and the Land Use Regulation
Program prior to any alteration or relocation of a watercourse and
submit evidence of such notification to the Federal Insurance Administration.
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse, so the flood-carrying capacity is not
diminished.
E.
Substantial damage review.
1.
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
2.
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Engineering.
F.
Interpretation of FIRM boundaries. The 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 § 16-15.
G.
Report changes in flooding conditions. Obtain and record changes
in flooding conditions and report the technical or scientific data
to the Federal Insurance Administrator on a six-month basis or sooner
in accordance with Volume 44 Code of Federal Regulations Section 65.3.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
Appeal board.
1.
The Board of Adjustments as established in Pompton Lakes shall hear
and decide appeals and requests for variances from the requirements
of this chapter.
2.
The Board of Adjustments 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.
3.
Those aggrieved by the decision of the Board of Adjustments, or any
taxpayer, may appeal such decision to the Superior Court of New Jersey
as provided in the Rules of Court.
4.
In passing upon such applications, the Board of Adjustments 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 times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
5.
Upon consideration of the factors of paragraph A4 above and the purposes
of this chapter, the Board of Adjustments may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
6.
The Construction Official shall maintain the records of all appeal
actions, including technical information, the justification for their
issuance, and report any variances to the Federal Insurance Administration
upon request.
B.
Conditions for variances.
1.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, provided the items in §§ 16-15A4(a)
through 16-15A4(k) have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the variance increases.
2.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
3.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 16-15A4, or conflict with existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
General standards. In all areas of special flood hazard, compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
is required:
1.
Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
(b)
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.
2.
Construction materials and methods.
(a)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(b)
All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(c)
No basement may be constructed in any flood hazard area. The
lowest floor level shall be constructed at least 30 inches above the
base flood elevations.
(d)
No lot or tract of land in any area of the Borough shall be
filled or graded so as to create a place for water to gather or stand
and shall be graded so that all surface water shall flow to the street
or existing storm sewers.
(e)
Each structure shall be constructed in accordance with the Building
Code of the Borough of Pompton Lakes (New Jersey Uniform Construction
Code) and designed by a licensed architect or engineer, with the certification
by the architect or engineer that such structure is designed to resist
or overcome the anticipated flood condition.
(f)
There shall be no additional earth or fill beyond the total
quantity already present above the low-water level of the stream or
groundwater level (whichever is higher) in that portion of the project
site which is in the flood hazard area or below the base flood elevation.
3.
Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(b)
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;
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
(d)
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 to prevent
water from entering or accumulating within the components during conditions
of flooding.
4.
Subdivision proposals.
(a)
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
(b)
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;
(c)
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development and other proposed development
which contain at least 50 lots or five acres (whichever is less).
5.
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area, having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. However, the higher of the final interior grade
and the finished exterior grade that is immediately under each opening
is considered the grade elevation to be used for establishing the
height of the opening. Openings may be equipped with screens, louvers,
or other covering or devices, if they permit the automatic entry and
exit of floodwaters.
[Amended 3-25-2020 by Ord. No. 20-10]
A.
Residential Construction. New construction and substantial improvement
of any residential structure located in an A, AE, AO or AH 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 of the following:
2.
Within any AO Zone or AH Zone on the municipality's FIRM, shall
have the lowest floor, elevated above the highest adjacent grade at
least 30 inches higher than the depth number specified in feet (at
least three feet if no depth number is specified). Adequate drainage
paths shall be required around structures on slopes to guide floodwaters
around and away from proposed structures.
3.
Record the method and elevation used above and, the Best Available
Flood Hazard Design Data elevation, date and revision in the local
Development Permit.
B.
Nonresidential construction. In
the Area of Special Flood Hazard, all new construction and substantial
improvement of any commercial, industrial or other nonresidential
structure located in an A, AE, AO or AH 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:
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Either:
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1.
Elevated at or above the more restrictive of the following:
(b)
Within any AO Zone or AH Zone on the municipality's FIRM,
shall have the lowest floor elevated above the highest adjacent grade
at least 30 inches higher than the depth number specified in feet
(at least three feet if no depth number is specified). Adequate drainage
paths shall be required around structures on slopes to guide floodwaters
around and away from proposed structures.
(c)
Record the method and elevation used above and, the Best Available
Flood Hazard Design Data elevation, date and revision in the local
Development Permit.
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Or:
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2.
Be floodproofed so that below the more restrictive of the following:
(a)
For A or AE zones:
i.
Base flood elevation (published FIS/FIRM) plus 30 inches;
ii.
The best available flood hazard data elevation plus 30 inches;
iii.
As required by ASCE/SEI 24-14, Table 6-1; or
iv.
As required by N.J.A.C. 7:13-3.
v.
AO or AH zone elevation based upon the highest adjacent grade,
plus the depth number specified in feet, plus 30 inches (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)
The structure is watertight with walls substantially impermeable
to the passage of water;
(c)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(d)
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 § 16-14C2(b).
(e)
Record the method and elevation used above and, the Best Available
Flood Hazard Design Data elevation, date and revision in the local
Development Permit.
C.
Manufactured homes.
2.
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood
damage;
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the more restrictive of the following:
i.
Base flood elevation (published FIS/FIRM) plus 30 inches;
ii.
The best available flood hazard data elevation plus 30 inches;
iii.
As required by ASCE/SEI 24-14, Table 2-1; or
iv.
As required by N.J.A.C. 7:13-3.
v.
AO or AH zone elevation based upon the highest adjacent grade,
plus the depth number specified in feet, plus 30 inches (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,
(e)
Record the method and elevation used above and, the Best Available
Flood Hazard Design Data elevation, date and revision in the local
Development Permit.
[Amended 3-25-2020 by Ord. No. 20-10]
Located within areas of special flood hazard established in § 16-7 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 encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
C.
In all areas of special flood hazard in which base flood elevation
data have been provided and no floodway has been designated, no new
construction, substantial improvements, fill, or other development
shall be permitted, unless it is demonstrated that 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.
