The New Jersey Legislature has in N.J.S.A. 40:48-1 et seq. delegated
the responsibility to local governmental units to adopt regulations
designed to promote public health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Hackensack
does ordain as follows:
A.
The flood hazard areas within the City of Hackensack are subject
to periodic inundation that may result 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 that increase flood heights and velocities,
and when inadequately anchored, causes damage 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 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 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.
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 that are dangerous to health, safety
and property due to water or erosion hazards or that result in damaging
increases in erosion or in flood heights or velocities.
B.
Requiring that uses vulnerable to flood, including facilities that
serve such uses, be protected against flood heights or velocities.
C.
Controlling the alteration of natural floodplains, stream channels
and natural protective barriers that help accommodate or channel floodwaters.
D.
Controlling filling, grading, dredging and other development that
may increase flood damage.
E.
Preventing or regulating the construction of flood barriers that
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
