City Council to Consider Pier Development Ban, Increased Flood-Protection Standards

The Zimmer Administration will introduce ordinances that ban development on Hoboken's piers and increase flood-protection requirements on new construction projects at Wednesday's city council meeting.

The ordinances are intended to enhance public safety, increase resiliency in the aftermath of future flood events and reduce flood insurance costs for residents, city spokesman Juan Melli said.

Waterfront Development Legistlation

The waterfront legislation follows Zimmer's efforts this summer to amend a state assembly bill that would have permitted developers to build on piers in areas like Hoboken as long as they complied with town ordinances and regulations. At the time, Zimmer said her administration was already at work developing an ordinance to ban future development on the city's piers.

"This legislation is currently being drafted as a result of the passage of the state legislation, and it will be designed to help ensure the long-term protection of our city’s treasured waterfront and public safety for our community," she said in June.

The waterfront ordinance that will be presented Wednesday outlaws all new commercial and residential construction or substantial improvement to existing structures on Hoboken's piers or platforms that project into or over the Hudson River or Weehawken Cove. 

It does, however, permit new construction or improvement to docking or port facilities and the creation of open space for passive and active recreation on piers or platforms as long as the construction is compliant with city ordinance and poses no public safety concerns.

If the waterfront legislation is passed by council on introduction Wednesday, it will go to the Planning Board for review before being sent back to council for a second and final reading.

Flood Damage Prevention Ordinance

The flood damage prevention ordinance, which was struck down by the council's anti-Zimmer contingent on initial introduction last month, will be re-introduced at the request of "concerned residents," Melli said.

Zimmer has pushed the legislation as a means to boost the city's application for the Federal Emergency Management Agency's National Flood Insurance Program Community Rating System, which offers discounted flood insurance rates to municipalities that go above and beyond federal standards in their flood prevention efforts.

The administration hopes its attempts to impose stricter flood-protection standards on new construction will reduce flood insurance premiums that jumped for many residents and business owners following Congress's passage of the Flood Insurance Reform Act of 2012, which altered the way the National Flood Insurance Program runs.

Melli cited an example of one local couple whose rates ballooned by more than 500 percent, from $750 annually to $5,000, following the changes made to the flood insurance program.

"The purpose of Hoboken’s local legislation is to help reduce rates for all residents and businesses subject to flood insurance," Melli said. "It will also protect unwary future residents so that they can live in new development that is built in a resilient way with the utilities and the mechanicals for elevators raised up to ensure that any potential flood damage is minimal." 

Opponents of the ordinance, including mayoral hopeful Tim Occhipinti, raised questions at last month's meeting about what sorts of additional costs the proposed changes would impose on residents and how much residents could actually expect to save on insurance rates. 

In response to those concerns, Community Development Director Brandy Forbes analyzed the impacts that adopting the flood damage prevention ordinance would have on residents and prepared a memorandum with her findings for city council members in advance of Wednesday's meeting.