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Flooding – FACT SHEET – Last updated 9.24.08

NORTH PLAINFIELD FLOOD PREVENTION ORDINANCE

NPRGO Chapter 20, reproduced in full below, as downloaded Sept. 2008

1974 North Plainfield Master Plan Excerpt (pages 78-79)

FLOOD CONTROL

Perhaps the most serious problem which North Plainfield has experienced in recent years is frequent flooding of lands adjacent to Stony Brook and Green Brook. The more extensive floods occurred in 1969, 1971 (Hurricane Doria) and 1973. The latter flood proved to be the most serious.

The damage caused by flooding in the Borough has been extensive and has exceeded that experienced by most municipalities in the State. Although there is no way of defining precisely the amount of damage caused by flooding, estimates of damage to private and public property resulting from the 1973 storm alone range from $2,000,000 to $3,000,000. In addition, clean-up and repairs following this storm cost the Borough $400,000.

The flood damage that has occurred in the past is very much the result of the fact that development has taken place in flood plain areas which should have been left undisturbed. In addition, as more area upstream becomes developed, these flood plain areas stand the chance of being expanded. Therefore, prompt action must be taken if the Borough is to avoid repeated flood damage and the resulting expense.

Flooding of Stony Brook and Green Brook is largely a regional problem which is beyond the ability of the Borough alone to solve. Cooperative efforts of other municipalities are needed and, most importantly, action by higher levels of government. To date, activities in this area by County, State and Federal agencies have been tentative and incomplete and no firm or specific solutions have been presented despite the urgency of the problem.

Obviously, immediate actions are necessary if the Borough is to avoid repetition of flood damage.

Historically, solutions to flood problems have largely involved structural improvements, including dams and piping. In all probability, the ultimate correction of flooding of Stony Brook and Green Brook will necessitate drainage and flood control structures ot this

This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.

mailto:[email protected]

http://www.npccr.org/

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nature. In addition, facilities for upstream detention will be desirable and should reduce volume downstream.

However, such measures will be extremely costly and may not provide the complete solution in North Plainfield. The Borough has more improved properties in the floodways than any other municipality in the County and many of these properties may continue to be faced with the threat of flood damage despite structural improvements.

The alternate solution in the Borough and the one which would be most expeditious, would be to acquire properties within flood hazard areas and return them to their natural state. Such an approach could prove to be far less expensive than structural improvements and should increase the water retention capacity of land adjoining the streams.

A number of attempts to define flood hazard areas and to identify properties that have experienced flooding have been made by Federal and State agencies. Review of the results of these efforts reveal apparent discrepancies between the flood delineations and what has been actual, local experience. Therefore, there is a need for more precise information before properties which should be acquired can be identified and reflected for this purpose on the Master Plan.

This will involve further studies which should address themselves to the following:

(a) Identification of properties which should be acquired either as a result of final structural solutions that may be developed by the Corps of Engineers or out of consideration for safety and protection of life.

(b) Preparation of a plan for the acquisition of the properties so identified utilizing every available and prudent funding source at the Federal and State government levels.

(c) Establishment of a local, flood hazard area delineation which will serve as the basis for sound and rational land use and development regulations within flood prone areas.




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REGIONAL - GREEN BROOK FLOOD CONTROL COMMISSION

North Plainfield is a member community. NPRGO Chapter 2-25

Commission meets monthly, met in North Plainfield in May 2008.

North Plainfield’s representative on the Commission is Councilman Frank Righetti, who did not attend the May meeting.

NPCCR reps spoke about the Villa Maria and flood and erosion impacts along Stony Brook and Green Brook. Sent follow-up letters requesting Commission intervention in Villa Maria development plan to Chair Joe Debler and Commissioners. No response.

Wikipedia http://en.wikipedia.org/wiki/Green_Brook_Flood_Control_Project (includes links to official project websites maintained by the Army Corps of Engineers):

Green Brook Flood Control is a flood control project in Somerset County in central New Jersey first proposed in the early 1970s in the wake of two major flooding events: a 1971 flood event and a major flood in August 1973, which ravaged the Green Brook and Raritan River basins with flooding, causing millions in property damage and several deaths in central New Jersey...

The worst flooding in the Green Brook basin occurs in Bound Brook, which partially lies on a natural flood plain of the Raritan River at the junction of the Green Brook and Raritan River.

To address this flooding problem, the United States Army Corps of Engineers has proposed the Green Brook Sub Basin Flood Control Project, which entails numerous flood walls, levees, channel diversions, widening projects and retention basins throughout the Green Brook basin.

The Green Brook Flood Control project has languished for decades due to a lack of federal funding. Hurricane Floyd in 1999 caused yet more property damage and deaths in the Green Brook basin, especially in Bound Brook, and reinvigorated the flood control project. As of 2006, two levees have been built on the western and eastern sides of Bound Brook. However, an important levee (R2) on the southwestern side of Bound Brook, which would prevent the Raritan River from flooding the downtown and nearby residential areas, has not been built, but is expected to be completed by the beginning of 2010.




http://en.wikipedia.org/wiki/Hurricane_Floyd

http://en.wikipedia.org/wiki/Retention_basin

http://en.wikipedia.org/wiki/Flood_wall

http://en.wikipedia.org/wiki/United_States_Army_Corps_of_Engineers

http://en.wikipedia.org/wiki/Green_Brook

http://en.wikipedia.org/wiki/Somerset_County,_New_Jersey

http://en.wikipedia.org/wiki/Green_Brook_Flood_Control_Project

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The April Nor'easter of 2007 flooded Bound Brook with the second highest crest ever recorded in the area, as the envisioned flood protection systems were not yet fully in place. However, the April 2007 flooding did reinvigorate efforts to complete the flood levee protection system around Bound Brook, to protect it from future flooding.

March 2008 – Resolution Adopted by the North Plainfield Borough Council, regarding federal funding for the Green Brook Flood Control Project

Excerpts:

WHEREAS, the Green Brook Sub-Basin in central-New Jersey has continually been subjected to severe and sometimes devastating flood damage for decades, causing many millions of dollars in damages from flooding as a result of storms, as well as resulting in 8 deaths as recently as 1973 and 1999…

WHEREAS, the Green Brook Sub-Basin is becoming increasingly susceptible to flooding due to water drainage problems caused by sources within and outside of the Green Brook Sub-Basin which causes an increasing financial strain on the State of New Jersey, the Counties of Middlesex, Somerset and Union and the municipalities of Bound Brook, Bridgewater, Dunellen, Green Brook, Middlesex, North Plainfield, Piscataway, Plainfield, Scotch Plains, South Plainfield, Warren and Watchung as a result of emergency planning, evacuations, street, road and property damage, as well as undue hardship to the affected residents and businesses subject to such flooding within the Green Brook Sub-Basin; and

WHEREAS, the recent lessons learned from Hurricanes Katrina and Rita have demonstrated the enormous human and economic costs of not taking appropriate proactive precautions to safeguard communities located in regions that are susceptible to flooding…

REGIONAL - PARSA – Plainfield Area Regional Sewerage Authority

North Plainfield pays fees to PARSA based on the volume of sewage sent into the system.

North Plainfield’s PARSA Representative is James Freeman. Mr. Freeman reported to the Borough in June 2007 about floodwater in the sewer system during the two heavy rainfalls in April. Mr. Freeman presented a chart showing how raw sewage flow increased during the storms. “You have a sewage system that leaks like a sieve,” he said, explaining that “I&I” refers to inflow and infiltration. Inflow is rainwater that gets directly into the sewer system through, for example, pipes from water detention basins




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built by contractors who didn’t link the pipes to the proper, stormwater system, or from homeowner sump pumps linked, again improperly, to the sewer system instead of the stormwater system. Infiltration is when ground water seeps into the sewer system through leaks in the pipelines....costing the town a lot of money...

FEDERAL RESPONSIBILITYNational Flood Insurance Program as supervised by Federal Emergency Management Agency

Attempting to identify the individuals and agencies ultimately responsible for protecting North Plainfield residents from flood dangers and property damage, NPCCR’s Linda Darge contacted FEMA’s Region II office in Fort Monmouth, finally referred to Richard Einhorn, natural hazards program specialist for FEMA. (Mitigation Division - 732-427-1543; [email protected]) Conversations 8/19 and 9/8. Linda gathered and Richard Einhorn confirmed in writing:

North Plainfield Borough is a member of the NFIP (National Flood Insurance Program) since 08/20/71 – Current Effective Map Date listed as 9/28/07.

FEMA doesn’t get involved with preventive flood control. FEMA focuses on mitigation after flood problems happen, mitigation efforts are geared towards buyouts, relocations and elevation projects.

When FEMA updates flood plain maps, they invite the communities to be involved, and they have the opportunity to bring up new issues or areas that are a problem.

FEMA sets minimum standards for flood control and stormwater management that the NFIP member communities must adopt and enforce. However, these are minimum standards only, and FEMA encourages states and communities to adopt more stringent standards.

State stormwater management standards are set by the NJ Department of Environmental Protection (more below).

When a community joins NFIP, as North Plainfield did in 1971, the community promises to enforce its own local Flood Damage Prevention Ordinance, which are all development-related ordinances pertaining to land development within special flood hazard areas as designated in the ordinance. The Borough is responsible for ensuring that the requirements are met, on behalf of FEMA, with DEP involvement.

STILL UNCLEAR A representative from FEMA or our state NFIP coordinator (someone in NJDEP) can and will assess NFIP compliance of North Plainfield as a participating community. FEMA makes sure, through each state (NJDEP) that each municipality (North Plainfield) is enforcing flood management programs to comply with the NFIP. NJDEP is the agency that would work with any developer and the borough, outlining what is required of the developer to adhere to the new stormwater management rules, etc. once again to clarify storm water management does go through DEP but a different




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section and would be a separate permit than the floodplain development permit that needs to be issued

NJ DEP Storm-Water Management Division officials’ role is to help control this development so it does not cause an impact. (More on Storm-Water Management below).

Einhorn of FEMA stated that the development itself, i.e., Villa Maria, should be the only property impacted. No water or a small percentage of water should run off onto other properties, limiting flood risks. More development, faster run-off., and urged residents to check with DEP for details on the amount of water allowed to run off the property.

Revised Flood Plain Map: Borough has copies of new flood maps, most likely with the Borough Engineer. FEMA has digitized maps online http://www.fema.gov/business/nfip/mscjumppage.shtm

STATE RESPONSIBILITY

National Flood Insurance Program as supervised by NJ Dept. of Environmental Protection

Flood Control via NJ DEP State NFIP Coordinator’s Office, 609-292-2296. Joseph Ruggiero, P.E., CFM, Supervising Engineer. 2007 - PowerPoint Presentation (15 pages) on the Map Modernization project, and what communities need to do to maintain compliance with NFIP. http://www.nj.gov/dep/floodcontrol/docs/njdep_njafm_2007_plenary1.pdf

[…NFIP is] a voluntary program based on a mutual agreement between the Federal government and the local community: In exchange for adopting and enforcing a Flood Damage Prevention Ordinance, Federally-backed flood insurance is made available to property owners throughout the community.

Community Benefits of Map Modernization

For Residents - easier identification of their home within the floodplain. For Local Floodplain Administrators – better manage building construction

activities within the floodplain. For Emergency Management Officials – flood risk, hazard mitigation and

emergency planning purposes.

What is the responsibility of the community during [the Map Modernization process]?

Amend/Readopt Local Flood Damage Prevention Ordinance to include: Updated FIS and FIRM Panel #’s Local Floodplain Administer Designation




http://www.nj.gov/dep/floodcontrol/docs/njdep_njafm_2007_plenary1.pdf

http://www.fema.gov/business/nfip/mscjumppage.shtm

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Updated Map Effective Date Appeal Board Designation Penalties for Noncompliance

Storm-Water Management via Division of Land Use Regulation http://www.state.nj.us/dep/landuse/forms/stmwrdr0406.pdf

www.njstormwater.org/ Information about the storm water permitting and management programs and other useful ideas on how you can help keep our state's waters clean.

New Jersey’s Stormwater Management rules (N. J. A. C. 7:8) are implemented by the NJDEP through the review of permits issued by the Division of Land Use Regulation (DLUR) (Flood Hazard, Freshwater Wetlands, CAFRA, Waterfront Development and Coastal Wetlands).

The Stormwater Management rules … are also implemented by local authorities through the Municipal Land Use Law (MLUL) and the Residential Site Improvement Standards (RSIS). Per the New Jersey Department of Community Affairs, the RSIS are applicable to any residential application that goes before a local board.

Through the RSIS, the Stormwater rules are activated whenever a municipality requires the control of runoff from a site that is the subject of a site or subdivision application.

Therefore, consistent with its duly adopted ordinances, a municipality may require compliance with the Stormwater rules through the RSIS whether or not a development is a "major development" as defined in the Stormwater rules.

Please note that local implementation may differ, particularly with regard to their jurisdiction. Consequently, the municipal ordinances must be examined to determine development thresholds at which the Stormwater rules will apply. The rule clarification and interpretation offered herein are consistent with the current application of the Stormwater rules by the Department, and do not supersede local authority under the MLUL.

WATER QUALITY MANAGEMENT PLANNING RULE: N.J.A.C. 7:15 – Effective Date: May 20, 2008 – Readoption July 7, 2008 - Amendments, Repeals and New Rules Rule Expiration Date: May 21, 2013

LOCAL RESPONSIBILITYThis document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



http://www.nj.gov/dep/watershedmgt/rules.htm

http://www.njstormwater.org/

http://www.state.nj.us/dep/landuse/forms/stmwrdr0406.pdf

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National Flood Insurance Program as implemented in NORTH PLAINFIELD

North Plainfield Borough Council did insert the new maps, dated Sept. 2007, into the Flood Prevention Ordinance, NPRGO Chapter 20. Resident investigation into whether the Council implemented the other NFIP compliance measures is ongoing.

The NFIP member is a designated Borough position appointed by the borough to be the enforcer. In North Plainfield, the Floodplain Administrator designated in the Flood Prevention Ordinance (NPRGO Chapter 20) is the Zoning Officer, currently James Rodino.

This year (2008) Tom Mullen’s (Council Candidate – R) flood insurance for his home at Glenside Place went from somewhere around $850 to $1,900 because the FEMA maps have changed because of runoff from the Watchung Square Mall, built in the late 1990s.

The mall developers complied with all applicable rules and regulations to prevent flooding (drainage systems, basins etc.) and the development still increased flooding and changed the FEMA map.

“Externalization of Costs” - Financial burden caused by private development, facilitated by compliant local government, shifted onto private taxpayers/homeowners shoulders.

Class action suit against the Borough? If the Villa Maria gets built on and it worsens flooding and expands FEMA flood zones again, Mullen’s whole neighborhood could potentially be condemned.

SOURCE DOCUMENTS:

1974 North Plainfield Master Plan April 2007 PARSA flow report-

http://bp2.blogger.com/_nolnujV6-AE/Rm6_PTm59aI/AAAAAAAAAGs/NkBRM85B2Jo/s1600-h/flow+chart.jpg

June 2007 - Borough Engineer Daniel Swayze Report on Villa Maria Development Plans, including concerns about stormwater management plan. http://communityrights.files.wordpress.com/2008/02/swayze-villa-report.pdf

March 2008 North Plainfield Borough Council Resolution on federal funding for Green Brook Flood Control Project.




http://communityrights.files.wordpress.com/2008/02/swayze-villa-report.pdf



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2008 Updated FEMA Flood Zone Maps (GIS) http://www.fema.gov/business/nfip/mscjumppage.shtm

http://hub.gmnews.com/news/2008/0320/front_page/031.html

NPRGO CHAPTER XX FLOOD PREVENTION

20-1 FLOOD DAMAGE PREVENTION.

20-1.1 Definitions.

Appeal shall mean a request for a review of the Zoning Officer's interpretation of any provision of this Section or a request for a variance.

Area of Shallow Flooding shall mean a designated AO, AH or VO zone on the Borough's Digital Flood Insurance Rate Map (DFIRM) with a one (1%) percent annual or greater chance of flooding to an average depth of one (1') to three (3') feet were as clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard shall mean the land in the flood plain within the Borough subject to a one (1%) percent or greater chance of flooding in any given year.

Base Flood shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

Basement shall mean any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway Wall shall mean 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.

Development shall mean 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, or storage of equipment or materials located within the area of special flood hazard.

Elevated Building shall mean a non-basement building: (1) 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 ground level This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



http://hub.gmnews.com/news/2008/0320/front_page/031.html

http://www.fema.gov/business/nfip/mscjumppage.shtm

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by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and, (2) 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, an "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; and/or, (2) the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Borough.

Flood Insurance Study (FIS) shall mean the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

Flood Plain Management Regulations shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as flood plain ordinances, grading ordinances and erosion control ordinances) 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.

Floodway shall mean 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 0.2 feet.

Highest Adjacent Grade shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure shall mean any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) 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, (4) individually listed on a local inventory of historic places in communities with historic This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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preservation programs that have been certified either: (a) by an approved State program as determined by the Secretary of the Interior; or, (b) directly by the Secretary of the Interior in states without approved programs.

Lowest Floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable 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 non-elevation design requirements.

Manufactured Home shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured Home Park or Manufactured Home Subdivision shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New Construction shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by the Borough and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision shall mean 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 on or after the effective date of the flood plain management regulations adopted by the Borough.

Recreational Vehicle shall mean a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the longest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and, (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Start of Construction 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 the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (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 This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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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 affects the external dimensions of the building.

Structure shall mean a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

Substantial Damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

Substantial Improvement shall mean any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds fifty (50%) percent 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: (1) any project for improvement of a structure to correct existing violations of State or 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, (2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance shall mean a grant of relief from the requirements of this Section that permits construction in a manner that would otherwise be prohibited by this Section.

20-1.2 General Provisions.

a. Lands to Which this Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of North Plainfield.

b. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard for the Borough of North Plainfield, Community No. 345307, are identified and defined on the following documents prepared by the Federal Emergency Management Agency ("FEMA"):This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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1. A scientific and engineering report "Flood Insurance Study, Somerset County, New Jersey (all jurisdictions)" dated September 28, 2007; and,

2. Flood Insurance Rate Map for Somerset County New Jersey (all jurisdictions) as shown on Index and panel numbers 0089,0093,0177 and 0181, whose effective date is September 28, 2007. The above documents are hereby adopted and declared to be a part of this Section. The Flood Insurance Study and maps are on file at 263 Somerset Street, North Plainfield, New Jersey, 07060.

c. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Section and other applicable regulations. Violation of the provisions of this Section 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 Section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand ($1,000.00)/day, or imprisoned for not more than ninety (90) days, or both, for each and every separate violation, and in addition shall pay all costs and expenses involved in the case. Each day such occurs is a separate violation. Nothing herein contained shall prevent the Borough of North Plainfield from taking such other lawful action as is necessary to prevent or remedy any violation.

d. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Section and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

e. Interpretation. In the interpretation and application of this Section, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and,

3. Deemed neither to limit nor repeal any other powers granted under State statutes.

f. Warning and Disclaimer of Liability. The degree of flood protection required by this Section 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 manmade or natural causes. This Section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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This Section shall not create liability on the part of the Borough of North Plainfield, any of its officers, officials (elected and/or appointed), employees, agents, designees or representatives, or the Federal Insurance Administration, for any flood damages that result from reliance on this Section or any administrative decision made hereunder.

(Ord. #07-10)

20-1.3 Development Permits.

a. Establishment of Development Permit. A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 20-1.2b. Application for a development permit shall be made on forms furnished by the Zoning Officer 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. The following information must be included:

1. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

2. Elevation, in relation to mean sea level, to which any structure has been flood-proofed;

3. Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in subsection 20-1.4b,2; and,

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

b. Designation of the Local Administrator. The Zoning Officer is hereby appointed to administer and implement this Section by granting or denying development permit applications in accordance with its provisions.

c. Duties and Responsibilities of the Administrator. Duties of the Zoning Officer in administering and implementing this Section shall include, but not be limited to:

1. Permit Review.

(a) Review all development permits to determine that the permit requirements of this Section have been satisfied;This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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(b) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local government agencies from which prior approval is required; and,

(c) Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of subsection 20-1.4c,1 are met.

2. Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 20-1.2b, "Basis for Establishing the Areas of Special Flood Hazard", the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from Federal, State or other source, in order to administer subsection 20-1.4b,1, "Specific Standards, Residential Construction" and subsection 20-1.4b,2, "Specific Standards, Nonresidential Construction."

3. Information to be Obtained and Maintained.

(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

(b) For all new or substantially improved flood-proofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and, (ii) maintain the flood-proofing certifications required in subsection 20-1.3a,3; and,

(c) Maintain for public inspection all records pertaining to the provisions of this Section.

4. Alteration of Watercourses.

(a) Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section 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; and,

(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.

5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting




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the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 20-1.3d.

d. Variance Procedure.

1. Appeal Board.

(a) The Zoning Board of Adjustment shall hear and decide appeals and requests for variances from the requirements of this Section.

(b) The Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Officer in the enforcement or administration of this Section.

(c) Those aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, pursuant to the New Jersey Rules of Court.

(d) In passing upon such applications, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Section 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 for the proposed use which are not subject to flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;




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(8) The relationship of the proposed use to the comprehensive plan and flood plain management program of 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 flood waters and the effects of wave action, if applicable, expected at the site; and,

(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 and streets and bridges.

(e) Upon consideration of the factors in subsection 20-1.3d,1(d) and the purposes of this Section, the Zoning Board of Adjustment may attached such conditions to the granting of variances as it deems necessary to further the purposes of this Section.

(f) The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

2. Conditions for Variances.

(a) 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, providing items (1)-(11) in subsection 20-1.3d,1(d) 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.

(b) 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.

(e) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.




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(e) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that the failure to grant the variance would result in exceptional hardship to the applicant; and,

(3) A determination that the granting of a 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 as identified in subsection 20-1.3d,1(d), or conflict with existing local laws or ordinances.

(f) 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.

(Ord. #07-10)

20-1.4 Provisions for Flood Hazard Reduction.

a. General Standards. In all areas of special flood hazards, the following standards are required:

1. Anchoring.

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

2. Construction Materials and Methods.




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(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3. Utilities.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d) 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.

4. Subdivision Proposals.

(a) All subdivision proposals shall be consistent with the need to minimize flood damage.

(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(d) Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).

5. Enclosure Openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 This document was prepared by Katherine Watt, co-founder of North Plainfield Citizens for Community Rights, and Blog Editor for Grassroots Groundswell (www.npccr.org), based on information and documents gathered by NPCCR volunteers between May 2007 and September 2008. Please send corrections, clarifications, additions, etc, to [email protected] or call 814-237-0996.



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criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1') foot abovegrade. Openings may be equipped with screens, louvers or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

b. Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 20-1.2b, "Basis for Establishing the Areas of Special Flood Hazard" or in subsection 20-1.3c,2 "Use of Other Base Flood and Floodway Data", the following standards are required:

1. Residential Construction.

(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

(b) Require within any AO zone on the Borough's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two (2') 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.

2. Nonresidential Construction.

(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have either the lowest floor, including basement, elevated to the level of the base flood elevation.

(b) Require within any AO zone on the Borough's FIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two (2') 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 or, together with the attendant utilities and sanitary facilities, shall:

(1) Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;




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(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 20-1.3c,3(b).

3. Manufactured Homes.

(a) Manufactured homes shall be anchored in accordance with subsection 20-1.4a,1.

(b) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

c. Floodways. Located within areas of special flood hazard established in subsection 20-1.2b. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If subsection 20-1.4c,1 is satisfied, all new construction and substantial improvements must comply with subsection 20-1.4, "Provisions for Flood Hazard Reduction".

3. 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 two-tenths (0.2') of a foot at any point.

(Ord. #07-10)




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