[HISTORY: Adopted by the Borough Council of the Borough of Upper
Saddle River 12-29-1977. Amendments noted where applicable.]
The following measures shall be required within Zone A of the Flood
Hazard Boundary Map issued by the Federal Insurance Administration for this
community.
A.
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.
B.
BASE FLOOD
DEVELOPMENT
FLOOD
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
HABITABLE FLOOR
MOBILE HOME
PERSON
RIVERINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
VARIANCE
As used in this chapter, the following terms shall have
the meanings indicated:
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:
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.
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.
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.
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[1] 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.
[1]
Editor's Note: The "aforesaid regulations" refers to the Federal Insurance
Administration regulations.
A.
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.
B.
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.
C.
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]
A.
The Construction Official is appointed as the person
responsible for receiving applications and examining the plans and specifications
for the proposed construction and development.
B.
After reviewing the application, the Construction Official
shall require any additional measures which are necessary to meet the minimum
requirements of this chapter.
C.
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.
D.
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:
E.
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:
(1)
All such proposals are consistent with the need to minimize
flood damage within the flood-prone areas.
(2)
All public utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided to reduce exposure to flood
hazards.
F.
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.
G.
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.
H.
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.
I.
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:
(1)
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.
(2)
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.
(3)
Maintain a record of all such information.
J.
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.
K.
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.
[Added 1-12-1978]
[Amended 12-29-1998 by Ord.
No. 23-98]
A.
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.
B.
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:
(1)
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.
(2)
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:
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.
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:
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
nonresidential structure has been floodproofed.
C.
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.
D.
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
A.
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:
(1)
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.
B.
Information to be obtained and maintained. The Construction
Official shall:
C.
Alteration of watercourses. The Construction Official
shall:
(1)
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.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
A.
The Board of Appeals shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this chapter
and:
(1)
The danger that materials may be swept onto other lands
to the injury of others.
(2)
The danger to life and property due to flooding or erosion
damage.
(3)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed
facility to the community.
(5)
The necessity to the facility of a waterfront location,
where applicable.
(6)
The availability of alternative locations not subject
to flooding or erosion damage for the proposed use.
(7)
The comparability of the proposed use with existing and
anticipated development.
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(11)
The costs of providing governmental services during and
after flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, streets and
bridges.
B.
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.
C.
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]
D.
The Construction Official shall maintain the records
of all appeal actions and report any variances to the Federal Insurance Administration
upon request.
A.
Elevation.
(1)
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.
(2)
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.
B.
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.
