Tuesday, April 17, 2018

Councilwoman Jen Giattino: Update on the Flood Ordinance

Official release:

Dear friends and neighbors - 

Here is an update on the Flood Ordinance and a few upcoming events:

Amending Hoboken's Flood Ordinance  (attached below)
Second reading at next council meeting, Wednesday, April 18
The DEP reviewed and approved the amendment removing the X and shaded X zones from Hoboken's Flood Ordinance. However, they have made two changes to the original ordinance that will bring the ordinance back to first reading. Removing the X and shaded X zones from enforcement under Hoboken's Flood Ordinance will help to preserve Hoboken's character and scale in those areas.

Coffee with a Cop
WHEN: April 20 8:30AM (this Friday)
WHERE: O'nieals 343 Park Avenue

Clean it up with Jen and friends
WHEN: April 21 9:30AM - 2PM
WHERE: Church Square Park

Rally to support Union Dry Dock as public parkland
WHEN: April 20 6PM
WHERE: Maxwell Place Park

Meeting on the redesign of Multi Sevice Center
WHEN: April 25 6PM
WHERE: Multi Service Center (124 Grand St.)

After the meeting, the City will retain an engineering firm to conduct a feasibility study and cost analysis, based on public input.

As always reach out with thoughts and concerns,

SPONSORED BY: __________________
                                                                                   SECONDED BY: ___________________




Section 1.  The follow additionsshall be made to Chapter 104 of the Code of the City of Hoboken entitled “Flood Damage Prevention” Article III “General Provisions” at §104-6 “Lands to Which This Chapter Applies” as follows:

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Hoboken, Hudson County, New Jersey, with the exception of areas within the “X” or “shaded X” zones. 

A. The areas of special flood hazard for the City of Hoboken, Community No. 340222, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) A scientific and engineering report "Flood Insurance Study, Hudson County, New Jersey (All Jurisdictions)," dated August 16, 2006.

(2) Flood Insurance Rate Map for Hudson County, New Jersey (All Jurisdictions), as shown on Index and Panel Numbers 0043, 0044, 0106, and 0107, whose effective date is August 16, 2006.

(3) Advisory base flood elevations and Advisory Flood Hazard Maps whose date is February 22, 2013. These documents shall take precedence over previous panels and FIS in construction and development regulations only. Where the Special Flood Hazard Area (SFHA) and the Advisory Flood Hazard Area (AFHA) Maps conflict or overlap, whichever imposes the more-stringent requirement shall prevail.

B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the office of the Floodplain Administrator at City Hall, 94 Washington Street, Hoboken, NJ 07030.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this 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 fined $2,000 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Hoboken 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 another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more-stringent restrictions shall prevail.

In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.

A. 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.

B. This chapter shall not create liability on the part of the City of Hoboken, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Section 2:  This Ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code.

Section 3:  The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

Section 4:  This ordinance shall take effect as provided by law.

Section 5:  All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect.  This Ordinance shall also supersede any inconsistent provisions contained in any resolution or ordinance previously adopted by the Hoboken City Council.

Section 6: The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remain in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

Section 7:  This Ordinance shall take effect upon passage and publication as provided by law.

Date of Introduction: March 7, 2018