[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River 12-29-1977. Amendments noted where applicable.]
Article I General Provisions
Article II Additional Provisions
The following measures shall be required within Zone A of the Flood Hazard Boundary Map issued by the Federal Insurance Administration for this community.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
As used in this chapter, the following terms shall have the meanings indicated:
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- 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.
- A general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOODPLAIN or FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from any source. (See definition of "flood.")
- 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.
- HABITABLE FLOOR
- Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.
- MOBILE HOME
- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes but is not limited to the definition of “mobile home” as set forth in regulations governing the Mobile Home Safety and Construction Standards Program [24 CFR 3282.7(a)].
- Includes any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
- Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.
- For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.
- SUBSTANTIAL IMPROVEMENT
- Any repair, reconstruction or improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- A grant of relief by the community from the terms of a floodplain management regulation.
The Borough of Upper Saddle River hereby agrees to comply with the provisions of Section 1910.3(d) of the aforesaid regulations by the enactment of the following land use and control measures for the floodplain area in the Borough, identified as having special flood hazards, as depicted in the Federal Insurance Administration's Flood Hazard Map, the Federal Insurance Administrator having provided a notice of final base flood elevations within Zones A1-30 on the community's Flood Insurance Rate Map and having designated unnumbered A Zones on the community's Flood Insurance Rate Map and provided data from which the community shall designate its regulatory floodway.
Editor's Note: The "aforesaid regulations" refers to the Federal Insurance Administration regulations.
No person shall erect, construct, enlarge, alter, repair, improve, move or demolish any building or structure without first obtaining a separate permit for each building or structure from the Construction Official.
No 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, shall be commenced until a separate permit has been obtained from the Construction Official.
No mobile home, should any ordinance provide for same, shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the Construction Official.
To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the Construction Official before the issuance of a permit will be considered.
[Amended 5-8-1986 by Ord. No. 8-86]
The Construction Official is appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction and development.
After reviewing the application, the Construction Official shall require any additional measures which are necessary to meet the minimum requirements of this chapter.
The Construction Official shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
The Construction Official shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including the placement of prefabricated buildings and mobile homes, shall be:
The Construction Official shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
All such proposals are consistent with the need to minimize flood damage within the flood-prone areas.
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
Adequate drainage is provided to reduce exposure to flood hazards.
The Construction Official shall require within flood-prone areas new and replacement water supply systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems.
The Construction Official shall require within flood-prone areas new and replacement sanitary sewage systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site disposal systems to be located so as to avoid impairment to them or contamination from them during flooding.
The Construction Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source until such other data has been provided by the Administrator, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated to or above the base flood level and that all new construction and substantial improvements of nonresidential structures have the lowest floor, including basement, elevated or floodproofed to or above the base flood level.
For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's FHBM, the Construction Official shall:
Obtain, or require the applicant to furnish, the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not such structures contain a basement.
Obtain, or require the applicant to furnish, if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed.
Maintain a record of all such information.
The Construction Official shall notify, in riverine situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administration.
The Construction Official shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
The Flood Hazard Boundary Map issued by the Federal Insurance Administration for this community and any officially published revisions to this map are adopted as the official map for the enforcement of this chapter. Zone A on this map delineates the area within which the requirements of this chapter will be enforced.
[Amended 12-29-1998 by Ord. No. 23-98]
This chapter shall apply to all areas of special flood hazard within the Jurisdiction of the Borough of Upper Saddle River, Bergen County, New Jersey.
The areas of special flood hazard for the Borough of Upper Saddle River, Community No. 340077, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
A scientific and engineering report entitled “Flood Insurance Study, Bergen County” (all jurisdictions), dated December 8, 1998, and all subsequent revisions as required by the Borough.
Flood Insurance Rate Map for Bergen County, New Jersey (all jurisdictions), as shown on Index No. 34003C000 and panels 78, 79, 86 and 87, whose effective date is December 8, 1998, and all subsequent revisions as required by the Borough.
Any applicant to whom a variance is granted shall be given written notice indicating the elevation below the base flood level (in feet) to which the lowest floor of the structure will be built, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
As used in this chapter, the following terms shall have the meanings indicated:
- FLOOD INSURANCE RATE MAP (FIRM)
- The official map on which the Federal Insurance Administration has delineated both the areas of specific flood hazards and the risk premium zones applicable to the community.
- START OF CONSTRUCTION
- The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, “start of construction” means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
A development permit shall be obtained before construction or development begins within any area of special flood hazard. Application for a development permit shall be made to the Construction Official on forms furnished by him and may include, but not be limited to, the following 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:
Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
Elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of this chapter and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets this criteria.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Construction Official shall review all development permits to determine if such proposed development is located within the floodway. If the proposed development is to be located in the floodway, a certification shall be obtained in accordance with the following: Located within the areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
Encroachments shall be prohibited, including fill, new construction, substantial improvements and other developments, unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Information to be obtained and maintained. The Construction Official shall:
Verify and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures.
Maintain for public inspection all records pertaining to the provisions of this chapter.
Alteration of watercourses. The Construction Official shall:
Notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
The Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations not subject to flooding or erosion damage for the proposed use.
The comparability of the proposed use with existing and anticipated development.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
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.
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, streets and bridges.
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 that the items in Subsection A(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
Upon consideration of the factors listed above and the purpose of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
[Amended 5-8-1986 by Ord. No. 8-86]
The Construction Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall certify that the standards of this section are satisfied. Such certification shall be provided to the Official as set forth heretofore.