These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
The Borough was accepted for participation in the National Flood Insurance Program on June 1, 1977.
A. 
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file with the Borough Code Enforcement Officer, 221 South Fifth Avenue, Highland Park, New Jersey 08904.
B. 
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
(1) 
Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Middlesex County, New Jersey (All Jurisdictions)," dated July 6, 2010, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 197-13A below, whose effective date is July 6, 2010, are hereby adopted by reference.
197 Table 13-1
Map Panel #
Effective Date
Revision Letter
34023C0039
July 6, 2010
F
34023C0043
July 6, 2010
F
34023C0127
July 6, 2010
F
34023C0131
July 6, 2010
F
(2) 
Federal best available information. The Borough shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of these regulations must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
197 Table 13-2
Map Panel #
Preliminary Date
34023C0131G
January 31, 2014
(3) 
Other best available data. The Borough shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(1) and (2) above. This information shall be used for floodplain regulation purposes only.
(4) 
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the Flood Hazard Area Control Act design flood elevation, as defined in Article V, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey state-studied waters in this community under the FHACA, and their respective map identification numbers.
197 Table 13-3
List of State-Studied Waters
Name of Studied Water
File Name
Map Number
Raritan Rv
D0000017
R-4
Raritan Rv
D0000018
R-6
Raritan Rv
D0000019
R-5
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 197-13, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by these regulations. At a minimum, the local design flood elevation shall be as follows:
A. 
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 197-13 above, plus one foot, or as described by N.J.A.C. 7:13, of freeboard; or
B. 
For any undelineated watercourse [where mapping or studies described in § 197-13B(1) and (2) above are not available] that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
(1) 
A copy of an unexpired NJDEP flood hazard area verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
(2) 
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to §§ 197-37 and 197-38.
C. 
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
D. 
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
E. 
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high-hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
The Borough Code Enforcement Officer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article IV of these regulations.
The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
The duties of the Floodplain Administrator shall include, but are not limited to:
A. 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Article II of these regulations.
B. 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
C. 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
D. 
Determine whether additional flood hazard data shall be obtained or developed.
E. 
Review required certifications and documentation specified by these regulations and the Building Code to determine that such certifications and documentations are complete.
F. 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 197-28 of these regulations.
G. 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
H. 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to Article IV of these regulations.
I. 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
J. 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
K. 
Inspect development in accordance with § 197-40 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
L. 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Article IV of these regulations.
M. 
Cite violations in accordance with § 197-50 of these regulations.
N. 
Notify the Federal Emergency Management Agency when the corporate boundaries of the Borough have been modified.
O. 
Permit ordinary maintenance and minor work in the regulated areas discussed in § 197-13.
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
A. 
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
(1) 
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
(2) 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
B. 
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in §§ 197-13 and 197-14, respectively. This information shall be provided to the Construction Official and documented according to § 197-29.
Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.
A. 
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
B. 
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
A. 
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
B. 
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high-hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by these regulations unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of these regulations. The width of the riparian zone can range between 50 feet and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
A. 
Estimate the market value or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 197-13, performed in the floodplain regulated by these regulations in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
C. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
D. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of five years prior to the permit application or substantial damage determination as specified in the definition of "substantial improvement."
E. 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Building Code is required and notify the applicant in writing when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the Building Code to the NJDEP Bureau of Flood Engineering.
In addition to the requirements of the Building Code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies; Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations; records of issuance of permits and denial of permits; records of ordinary maintenance and minor work; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations, including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.
The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
A. 
Identify and describe the development to be covered by the permit.
B. 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
C. 
Indicate the use and occupancy for which the proposed development is intended.
D. 
Be accompanied by a site plan and construction documents as specified in Article III of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
F. 
Be signed by the applicant or the applicant's authorized agent.
The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of these regulations or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each.
The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.