Ogdensburg City Zoning Code
§ 30-604
FLOOD PLAIN AREAS.
A.
Basis for Establishing Flood Plain Areas.
The mapping of flood plain areas within the Borough of Ogdensburg is indicated on the map entitled "Existing Land Use" and sub-designated "Flood Hazard Zone" which is part of the municipality's "Existing Master Plan." As noted on the map, the basis for the delineation of flood plain areas was the approximate boundaries established by the Department of Housing and Urban Development on the federal insurance anticipated "Flood Hazard Boundaries Map for Ogdensburg Borough." However, it is recognized that more flood plain areas may exist in the Borough than those already mapped. Moreover, the State Department of Environmental Protection, Division of Water Resources, in accordance with the Flood Hazard Control Act (N.J.S.A. 58-16A-50 et seq.), has adopted N.J.A.C. 7:13 and will be mapping the "Flood Hazard Areas" in Ogdensburg. The Department of Environmental Protection mapping shall take precedence when completed.
NOTE: The Borough adopted N.J.A.C. 7:13 on November 5, 2007, amended June 20, 2016; and FEMA Flood Map for the Borough of Ogdensburg dated September 29, 2011.
Additionally, while information depicted on the Flood Hazard Areas map has been prepared as accurately as possible; nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to the Borough at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers the flood plain information depicted on the map.
B.
Regulations for Flood Plain Areas.
1.
Purpose.
The purpose of these regulations is to permit only that development of flood prone areas within Ogdensburg Borough which 1) is appropriate in light of the probability of flood damage and the need to reduce flood losses, 2) represents an acceptable social and economic use of the land in relation to the hazards involved, 3) does not increase the danger to human, plant or animal life, 4) provides that no decreases in the amount of available storage for floodwaters within the flood plain results from any development; and conversely, to discourage all other development. These regulations are created in recognition of the increased threat, severity, and frequency of floods expected to result from areas adjacent to streams and rivers free from structures and other obstructions to the water flow during the periodic rises in the water level.
These regulations are intended to protect floodplains so that flood water may have a natural course to follow; that the water course is not constricted or altered in a manner that will increase water velocities or create a dam; that the water level may rise without danger to persons, animals or property; and the water level may rise and cover larger land surfaces for the purposes of greater water percolation and recharging of the underground water supply.
2.
Definitions.
a.
APPEAL - A request for the review of the Borough Engineer's interpretation of any provision of this section of the chapter or a request for a variance from the Planning Board.
b.
CHANNEL - The bed and banks of the watercourses located within the boundaries of the Borough of Ogdensburg which convey the normal flow of said water courses most of the time.
c.
DESIGN FLOOD PROFILE - The elevations of the water surface of the floodway design flood and the flood hazard area design flood.
d.
DEVELOPMENT - Any manmade 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 located within the flood hazard area.
e.
FLOOD ELEVATION DETERMINATION - A determination of the water surface elevations of the design flood, i.e., the flood level that has a 1% or greater chance of occurrence in any given year.
f.
FLOOD FRINGE AREA - The portion of the flood hazard area not designated as the floodway.
g.
FLOOD HAZARD AREA - The floodway and the flood fringe area of a delineated stream.
h.
FLOOD HAZARD AREA DESIGN FLOOD - The 100-year storm in non-delineated areas and the 100-year storm plus 25% in delineated areas.
j.
FLOOD PLAIN - The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.
k.
FLOOD PLAIN MANAGEMENT REGULATIONS - State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
l.
FLOODWAY - The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
m.
HABITABLE FLOOR - For flood plain management purposes, any floor, including the basement, useable 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."
n.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.
o.
STRUCTURE - For flood plain management purposes, a walled or roofed building, including a gas or liquid storage tank, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.
p.
SUBSTANTIAL IMPROVEMENTS - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1)
Before the improvement or repair is started; or,
(2)
If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, floor or other structural part of the floor commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a)
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,
(b)
Any alteration of a structure listed on the National Historic Register of Historic Places or the State Inventory of Historic Places.
q.
VARIANCE - A grant of relief by the Planning Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section of the chapter because the literal enforcement would result in unnecessary hardship.
C.
Site Plan Review.
All proposals for any development within a flood plain area shall require site plan approval by the Planning Board in accordance with Section 30-800 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, the requirement for site plan approval may be waived by the Planning Board upon written recommendation from the Planning Board Engineer. In any case, all other requirements of this section of this chapter shall apply.
Fees shall be as provided for site plans in Section 30-900 of this chapter and public notice of public hearings shall be given as stipulated for site plans in Section 30-706D of this chapter, the following additional information shall be provided.
1.
Proposed finished grade elevations at the corners of any structure or structures.
2.
The extent of proposed or previous filling, cutting or regarding of the land, if any.
3.
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment trap head walls and aprons.
4.
Proof of stream encroachment lines (floodway) obtained from the State Department of Environmental Protection. Should this information not be available through the Department of Environmental Protection, it is required that the applicant submit a floodway delineation for the reach of the stream involved with all required engineering data to the Borough Engineer for review and approval.
5.
The applicant should be prepared to present evidence that the proposal:
a.
Has an inherent low flood damage potential.
b.
Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of storm water.
c.
Does not affect adversely the water carrying or storage capacity of the channel, floodway or flood fringe areas.
d.
Does not increase local run-off and erosion and provides proper drainage of the area to an existing adequate water course or drainage system.
e.
Does not unduly stress or degrade the natural environment of the flood plain or degrade the quality of surface water or the quality or quantity of ground waters.
f.
Does not require channel notification or relocation.
g.
Is set forth in this chapter as a permitted use.
h.
Is not a prohibited use in that portion of the flood plain where proposed to be located.
6.
Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Borough Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Borough Engineer for review.
D.
Uses in Floodways and Flood Fringe Areas.
1.
Prohibited Uses.
No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated flood plain. The following uses shall be prohibited:
a.
Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.
b.
Dumping or discharging untreated domestic sewerage or industrial waste, either solid or liquid.
c.
Storage or disposal of pesticides.
d.
Storage or processing of materials that are in time of flooding buoyant, flammable or explosive.
e.
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
2.
Permitted Uses in Floodways.
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a 1% chance of being equaled or exceeded in any given year.
Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the State Department of Environmental Protection, the Sussex County Planning Board and the Borough of Ogdensburg Planning Board. The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, play yards, picnic areas, golf courses and boat landings shall be permitted. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.
3.
Permitted Uses in the Flood Fringe Areas.
Within any flood fringe area, the accepted practices of soil husbandry and farming as well as restricted uses in the nature of parks, wildlife preserves and undeveloped common open space shall be permitted provided site plan approval is acquired from the Borough. Additionally, detached dwellings and related development may be constructed on lands within the flood fringe area provided that the lowest habitable floor is at a minimum of one foot above the flood hazard design elevation and provided further that:
E.
Conditions of Approval.
The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the flood plain. No Certificate of Occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case.
1.
All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage.
2.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
3.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
4.
All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters.
5.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
6.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
7.
All subdivision proposals shall be consistent with the need to minimize flood damage.
8.
All subdivision proposals shall have public utilities and facilities such as water, gas, electrical and water systems located and constructed to minimize flood damage.
9.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
10.
Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided, as applicable, for review and approval by the Planning Board Attorney.
11.
The construction of storm water detention and/or retention facilities, channel modifications, dikes, levees and other protective measures may be required as determined by the Borough Engineer.
12.
The installation of an adequate flood warning system shall be required.
13.
The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.
14.
New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the design flood elevation.
15.
New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation or, together with the attendant utility and sanitary facilities, be flood proofed so that below the design flood level the structure is water tight 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 licensed professional engineer or architect shall certify that the standards of this section of this chapter are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following flood proofing measures may be required:
a.
Installation of watertight doors, bulkheads and shutters, or similar devices.
b.
Reinforced walls to resist water pressure.
c.
Use of paints, membranes or mortars to reduce seepage of water through walls.
d.
Addition of weights to structures to resist flotation.
e.
Installation of pumps to lower water levels of structures.
f.
Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over the sidewalk and under the sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate water course or drainage system.
g.
Construction that resists rupture or collapse caused by water pressure or floating debris.
h.
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or storm waters into the structure; gravity drainage of basements may be eliminated by mechanical devices.
i.
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
16.
Where and when permitted, fill shall be no lower than one foot above the flood design elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.
17.
Where and when permitted, structures on fill shall be so built that the basement, or in the event there is no basement, that the lowest habitable floor is at a minimum of one foot above the flood hazard design elevation.
F.
Variances From Conditions.
Variances from the conditions of this section of this chapter may be granted by the Borough of Ogdensburg Planning Board in conformance with the following provisions:
1.
For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.
2.
If an increase in flood levels within any designated floodway or flood fringe area would not occur during the design flood.
3.
Upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.
4.
Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
G.
Flood Insurance.
Flood insurance in accordance with the Federal Insurance Agency shall be required for all development in the flood plain.
H.
Warning and Disclaimer.
The degree of flood protection required herein 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 flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Borough of Ogdensburg or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.