[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-23-1983 by Ord. No. 1983:446
(Ch. 41 of the 1967 Code)]
A.
The flood hazard areas of the Borough of Closter may
be 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.
It is the purpose of this article 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.
[Amended 1-3-1994 by Ord. No. 1993-663]
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 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 or other development
which may increase flood damage.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
[Amended 3-11-1987 by Ord. No. 1987:539]
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD or FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
NEW CONSTRUCTION
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall
have the meanings indicated:
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
detail hydraulic analyses are shown in this zone.
[Added 7-24-2019 by Ord. No. 2019:1259]
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.
[Added 7-24-2019 by Ord. No. 2019:1259]
A request for review of the Chief Construction Official's
interpretation of any provisions of this chapter or a request for
a variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet, a clearly defined
channel does not exist, the path of flooding is unpredictable and
indeterminate and velocity flow may be evident.
Land in the floodplain within the community subject to a
one-percent 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.
[Amended 7-24-2019 by Ord. No. 2019:1259]
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 7-24-2019 by Ord. No. 2019:1259]
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 one-percent or greater
chance of being equaled or exceeded in any given year.
[Added 7-24-2019 by Ord. No. 2019:1259]
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and 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 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 within the area of special flood
hazard.
[Amended 7-26-1995 by Ord. No. 1995:701]
[Amended 7-24-2019 by Ord. No. 2019:1259]
A nonbasement 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.
In an area of special flood hazard, "elevated building" also
includes a building elevated by means of fill or solid foundation
premier walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
The process of gradual wearing away of land masses.
[Added 7-24-2019 by Ord. No. 2019:1259]
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.
[Added 7-24-2019 by Ord. No. 2019:1259]
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the usual and rapid accumulation or runoff
of surface waters from any source.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary
- Floodway Map and the water surface elevation of the base flood.
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.
[Added 7-26-1995 by Ord. No. 1995:701]
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.
[Added 7-24-2019 by Ord. No. 2019:1259]
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
two-tenths (0.2) foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain 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.
[Added 7-24-2019 by Ord. No. 2019:1259]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 7-24-2019 by Ord. No. 2019:1259]
[Added 7-26-1995 by Ord. No. 1995:701]
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
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 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 the
basement. An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement, is not considered a building's "lowest floor,"
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements
of 44 CFR 60.3.
[Amended 7-24-2019 by Ord. No. 2019:1259]
Structures for which the start of construction commences
on or after the effective date of this chapter.
(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 that 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 piles, 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 or not that alteration
effects the external dimensions of the building.
[Amended 7-26-1995 by Ord. No. 1995:701]
A walled and roofed building, a mobile 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.
[Added 7-26-1995 by Ord. No. 1995:701]
[Amended 7-26-1995 by Ord. No. 1995:701; 7-24-2019 by Ord. No. 2019:1259]
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state of 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.
A grant of relief from the requirements of this chapter which
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 article. 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)(10),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
[Added 7-24-2019 by Ord. No. 2019:1259]
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Borough of Closter, County
of Bergen and State of New Jersey.
[Amended 7-26-1995 by Ord. No. 1995:701; 7-13-2005 by Ord. No. 2005:942; 7-24-2019 by Ord. No. 2019:1259]
The areas of special flood hazard identified
by the Flood Insurance Administration, for the Borough of Closter,
Community Identification Number (CID) is 340023, a scientific and
engineering report entitled The Flood Insurance Study (FIS) with accompanying
flood insurance rate maps (FIRMs) for Bergen County, New Jersey (All
Jurisdictions) whose panel numbers are: 34003CO182H, 34003CO201H,
34003CO202H, 34003CO203H, 34003CO204H, 34003CO206H, 34003CO210H, as
shown on Index and Panels whose effective date is August 28, 2019.
[Amended 1-3-1994 by Ord. No. 1993:663; 7-24-2019 by Ord. No. 2019:1259]
No structure or land shall hereafter be constructed, located, relocated, extended, converted or altered without full compliance with the terms of the 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 subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Closter from taking such other lawful action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this chapter and other ordinances, easements, covenants
or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be:
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
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Borough of Closter, any officer
or employee thereof or the Federal Insurance Administration for any
flood damage that results from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended 7-24-2019 by Ord. No. 2019:1259]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 108-6. Application for a development permit shall be made on forms furnished by the Chief Construction Official 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 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 structure has been floodproofed.
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 108-16B.
D.
Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
The Chief Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
[Amended 3-11-1987 by Ord. No. 1987:539]
A.
Duties of the Chief Construction Official shall include
but not be limited to:
(1)
Review of all development permits to determine that
the permit requirements of this chapter have been satisfied.
(2)
Review of 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.
B.
Use of other flood data. When base flood elevation and floodway data has not been provided in accordance with § 108-6, Basis for establishing areas of special flood hazard, the Chief 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 § 108-16A and B.
C.
Information to be obtained and maintained. The Chief
Construction Official shall:
D.
Alteration of watercourses. The Chief Construction
Official shall:
(1)
Notify adjacent communities and the New Jersey Department
of Environmental Protection, Bureau of Flood Control 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 (FIA).
[Amended 7-24-2019 by Ord. No. 2019:1259]
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse, so that the flood-carrying
capacity is not diminished.
E.
Interpretation of FIRM boundaries. The Chief 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 § 108-14.
F.
Substantial damage review.
[Added 7-24-2019 by Ord. No. 2019:1259]
(1)
After
an event resulting in building damages, assess the damage to structure
due to flood and nonflood causes.
(2)
Record
and maintain the flood and nonflood 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 Control.
A.
Appeal Board.
(1)
The Planning Board, as established by the Borough
of Closter, shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The Planning Board shall hear and decide appeals when
it is alleged that there is an error in any requirement, decision
or determination made by the Chief Construction Official in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the Chief Construction
Official, or any taxpayer, may appeal such decisions to the Borough
Planning Board as provided in this section.
(4)
In passing upon such applications, the Planning Board
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 time
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.
(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 Subsection A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Planning Board shall maintain the records of all
appeal actions, including technical information, 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 one-half ( 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 provisions of Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond the one-half ( 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 a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
[Amended 7-26-1995 by Ord. No. 1995:701]
(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 pursuant to
N.J.S.A. 40:55D-70c.
(c)
A determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense or create nuisances or cause fraud on or victimization of the public as identified in Subsection A(4) or conflict with existing 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.
The proposed lowest floor elevation and the lowest opening must be
at least 1.0 feet above the base flood elevation which must be established
for each given location.
[Amended 3-11-1987 by Ord. No. 1987:539; 7-24-2019 by Ord. No. 2019:1259]
In all areas of special flood hazards, 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:
A.
Anchoring. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B.
Construction materials and methods.
C.
Utilities. For all new construction and substantial
improvements:
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
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.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
(2)
All subdivision proposals and other proposed new developments
shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(3)
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres, whichever is less.
E.
Enclosure openings. For all new construction and substantial
improvements, fully enclosed areas below the lowest floor that 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:
(1)
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.
(2)
The bottom of all openings shall be no higher than
one foot above grade.
(3)
Openings may be equipped with screens, louvers or
other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[Amended 3-11-1987 by Ord. No. 1987-539; 7-24-2019 by Ord. No. 2019:1259]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 108-6, Basis for establishing areas of special flood hazard, or in § 108-13B, Use of other flood data, the following standards are required:
A.
Residential construction.
(1)
New
construction and substantial improvement of any residential structure
located in an A or AE 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
base flood elevation plus one foot or as required by ASCE/SEI 24-14,
Table 2-1;
(2)
Require
within any AO or AH Zone on the municipalities DFIRM that all new
construction and substantial improvement of any residential structure
shall have the lowest floor, including basement together with the
attendant utilities and sanitary facilities, elevated above the depth
number specified in feet plus one foot, above the highest adjacent
grade (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.
Nonresidential construction. In an area of special
flood hazard, all new construction and substantial improvement of
any commercial, industrial or other nonresidential structure located
in an A or AE 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, either:
(1)
Elevated at or above the more restrictive base flood
elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1;
and
(2)
Require within any AO or AH Zone on the municipalities
DFIRM to elevate above the depth number specified in feet plus one
foot, above the highest adjacent grade (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.
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 base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1; and
(e)
The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
Located within areas of special flood hazard established in § 108-6 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.
Encroachments, including fill, new construction, substantial
improvements and other development, shall be prohibited, unless a
technical evaluation demonstrates that encroachments shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
D.
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
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 foot at
any point.
[Adopted 4-14-1999 by Ord. No. 1999:789]
A.
It is in the best interest of the Borough of Closter
to establish as a minimum requirement that all applications involving
the tearing down of an existing one- or two-family residence for the
purpose of constructing a new one- or two-family residence or an application
for the expansion of an existing one- or two-family residence in which
the completed structure shall have a roof surface 1/3 or larger
than the existing roof surface shall provide for a zero increase in
stormwater runoff.
B.
Recent development of property within the Borough
of Closter has increased the discharge of stormwater.
C.
The Borough of Closter's stormwater system has been
impacted by the increase in the discharge of stormwater which, if
unregulated, will severely impede the operation of the stormwater
system.
D.
Stormwater runoff created by development not subject
to Planning Board review is currently unregulated.
It is the purpose of this article 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 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.
E.
Help maintain a stable tax base by avoiding over utilization
of municipal stormwater utilities.
This article shall apply to:
A.
All applications for building permits for the construction
of a one- or two-family residence or involving the tearing down of
an existing one- or two-family residence.
B.
All applications for building permits for the enlargement
or addition to an existing one- or two-family residence in which the
completed development shall have a roof surface area 1/3 or larger
than the existing roof surface area.
A.
All applications for a building permit for properties
to which this article applies shall contain a plan or certification
providing for a zero increase in stormwater runoff for the completed
project. As part of this application, permanent property markers are
required.
[Amended 8-23-2006 by Ord. No. 2006:973]
B.
The Borough Engineer shall review each application
for a building permit for properties to which this article applies
and approve same as providing for a zero increase in stormwater runoff
for the completed project.
C.
No building permit shall be issued for any project
to which this article applies when, in the opinion of the Borough
Engineer, the applicant fails to provide for a zero increase in stormwater
runoff.
D.
At the time of the application for a building permit
for any project to which this article applies, the applicant shall
deposit $2,500 in escrow if applying for new construction to cover
or defray the cost of the Borough Engineer’s review of the application
relative to stormwater runoff and/or other site-work related items;
or $600 in escrow if there is an increase of existing roof area by
1/3 or more to cover or defray the cost of the Borough Engineer’s
review of the application relative to stormwater runoff.
[Amended 8-8-2007 by Ord. No. 2007:991; 6-24-2015 by Ord. No. 2015:1192]
[Amended 7-24-2019 by Ord. No. 2019:1259]
If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance shall be declared invalid for any
reason whatsoever, such a decision shall not affect the remaining
portions of the ordinance, which shall remain in full and force and
effect, and for this purpose the provisions of this ordinance are
hereby declared to be severable.
All ordinances or parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
[Amended 7-24-2019 by Ord. No. 2019:1259]
This ordinance shall be effective on July 24,
2019, and shall remain in force until modified, amended or rescinded
by the Borough of Closter, County of Bergen, State of New Jersey.
