Township of Brick, NJ
Ocean County
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[HISTORY: Adopted by the Township Council of the Township of Brick 2-19-2013 by Ord. No. 3-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 145.
Dune preservation — See Ch. 162.
Engineering permits and standards — See Ch. 168.
Land use — See Ch. 245.
Land use procedures — See Ch. 250.
Mobile homes — See Ch. 279.
Soil removal and filling — See Ch. 383.
Stormwater management — See Ch. 396.
[1]:
Editor's Note: This ordinance also repealed former Ch. 196, Flood Hazard Areas, adopted 9-12-2006 by Ord. No. 28-06.

§ 196-1 Statutory authorization.

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Mayor and Council of the Township of Brick, of Ocean County, New Jersey, does ordain as follows.

§ 196-2 Findings of fact.

A. 
The flood hazard areas of the Township of Brick are 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, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 196-3 Statement of purpose.

It is the purpose of this chapter 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, bridges located in areas of special flood hazard;
F. 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 196-4 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter uses the following methods:
A. 
Restrict or prohibits 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. 
Require that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. 
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. 
Control filling, grading, dredging, and other development which may increase flood damage; and,
E. 
Prevent and regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 196-5 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
APPEAL
A request for a review of the Township of Brick's interpretation of any provision of this chapter or a request for a variance.[1]
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on Brick Township's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater chance of flooding to an average depth of one to three feet where a 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
The land in the floodplain subject to a one-percent-or-greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The elevation shown on a community's Flood Hazard Map that indicates the stillwater elevation plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Added 7-9-2013 by Ord. No. 19-13]
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most current data released by FEMA relating to Flood Insurance Maps and Flood Insurance Studies, including preliminary work maps and preliminary FIRMs.
[Added 7-9-2013 by Ord. No. 19-13]
BREAKAWAY WALL
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.
COASTAL A OR AE ZONE
The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped, the Coastal A or AE Zone is the portion between the shore and the landward limit of the moderate wave action delineation. Coastal A or AE Zones may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces.
COASTAL HIGH HAZARD AREA or VELOCITY ZONE (V ZONE)
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
CRAWL SPACE
An unfinished area located between the top of the bottom finished floor and the lowest adjacent finished grade.
DEVELOPMENT
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 located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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 community.
A. 
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, or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the flood elevation level 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.
B. 
In an area of special flood hazard, "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 floodwaters.
C. 
In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
FLOOD HAZARD AREA (FHA)
The land in the floodplain within a community subject to flooding from the one-percent-annual-chance event depicted on the best available Flood Hazard Map.
[Added 7-9-2013 by Ord. No. 19-13]
FLOOD HAZARD MAP
The best available map on which the Federal Emergency Management Administration has delineated the areas of flood hazards applicable to the community based upon the best available data.
[Added 7-9-2013 by Ord. No. 19-13]
FLOOD INSURANCE RATE MAP (FIRM)
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 community.
FLOOD INSURANCE STUDY (FIS)
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 or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
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.
FLOODPROOFING
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.
FLOOD-RELATED EROSION
The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD-RELATED EROSION AREA MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion, control works, and floodplain management regulations.
FLOOD-RELATED EROSION AREA or FLOOD-RELATED EROSION-PRONE AREA
A land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high-water levels or wind-driven currents, is likely to suffer flood-related erosion.
FLOODWAY
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 foot.
FREEBOARD
A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
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;
C. 
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
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than those in the VE Zone.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including 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 to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one 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. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 floodplain management regulations adopted by the municipality.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)
The vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the general adjustment of the North American Datum of 1988. NAVD88 replaced the National Geodetic Vertical Datum of 1929 (NGVD29), previously known as the Sea Level Datum of 1929.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Four hundred square feet or less when measured at the longest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck; and
D. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REFERENCE FEATURE
The receding edge or bluff or eroding frontal dune or, if such a feature is not present, the normal high-water line or the seaward line of permanent vegetation if a high-water line cannot be identified.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SIXTY-YEAR SETBACK
A distance equal to 60 times the average annual long-term recession rate at a site, measured from the reference feature.
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 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 affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above the ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
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:
A. 
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
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
THIRTY-YEAR SETBACK
A distance equal to 30 times the average annual long-term recession rate at a site, measured from the reference feature.
VARIANCE
A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
[1]:
Editor's Note: The former definitions of “advisory base flood elevation (ABFE),” “advisory flood hazard area (AFHA)” and “advisory flood hazard map,” which immediately preceded this definition, were repealed 7-9-2013 by Ord. No. 19-13.

§ 196-6 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Township of Brick, Ocean County, New Jersey.

§ 196-7 Basis for establishing areas of special flood hazard.

[Amended 7-9-2013 by Ord. No. 19-13]
A. 
The areas of special flood hazard for the Township of Brick Community No. 345285 shall be based upon the best available flood hazard data prepared by the Federal Emergency Management Agency.
B. 
The best available and most current data released by FEMA shall take precedence over previous panels and FIS in construction and development regulations only. Where the Special Flood Hazard Area (SFHA) and the Flood Hazard Area (FHA) Maps conflict or overlap, whichever imposes the more stringent requirement shall prevail.
C. 
The above documents are hereby adopted and declared to be a part of this ordinance. The Flood Insurance Study, maps and documents are on file at 401 Chambers Bridge Road, Brick Township, New Jersey.

§ 196-8 Penalties for noncompliance.

A. 
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 not more than $500 per day or imprisoned for not more than 180 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 Township of Brick from taking such other lawful action as is necessary to prevent or remedy any violation.
B. 
Every 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 on permits) shall constitute a separate violation for each calendar day and for each individual violation.
C. 
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-15, General penalty, for each violation and, in addition, shall pay all costs and expenses involved in the case and shall bear the full cost of correcting any and all violations.
D. 
Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 196-9 Effect on other regulations.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 196-10 Interpretation of provisions.

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.

§ 196-11 Warning and disclaimer of liability.

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 area of special flood hazards 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 Township of Brick, 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.

§ 196-12 Establishment of development permit.

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 § 196-7. Application for a development permit shall be made on forms furnished by the Municipal Engineer 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. 
A plot plan specifying the flood zone involved (with base flood elevation), showing elevation(s) in relation to mean sea level of the lowest floor, including basement, garage and crawl space of all structures, or the lowest structural member, if applicable.
B. 
The elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.
C. 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of § 196-18B and, after the structure is built, a certification by a registered professional engineer or architect that the structure, as built, meets the criteria of § 196-18B.
D. 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. 
Plans for any walls to be used to enclose space below the base flood level.

§ 196-13 Administration and implementation by Municipal Engineer.

The Municipal Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 196-14 Duties and responsibilities of Municipal Engineer.

Duties of the Municipal Engineer shall include, but not be limited to:
A. 
Permit review.
(1) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review 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.
(3) 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 196-19 are met.
(4) 
Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.
(5) 
Review plans for walls to be used to enclose space below the base flood level in accordance with § 196-20B(4).
B. 
When base flood elevation and floodway data has not been provided in accordance with § 196-7, Basis for establishing areas of special flood hazard, the Township Engineer 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 § 196-18.
C. 
Information to be obtained and maintained. The Municipal Engineer shall obtain and record the actual elevation NAVD 88 of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(1) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation NAVD 1988; and
(b) 
Maintain the floodproofing certifications required in § 196-12C.
(2) 
In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 196-20B(1) and (2) are met.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses.
(1) 
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.
(2) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
E. 
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 the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.

§ 196-15 Variance procedure.

A. 
The Ocean County Board of Construction Appeals as established by the Ocean County Board of Chosen Freeholders shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The Ocean County Board of Construction Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Municipal Engineer in the enforcement or administration of this chapter.
C. 
Those aggrieved by the decision of the Ocean County Board of Construction Appeals or any taxpayer may appeal such decision to the Brick Township Municipal Court.
D. 
In passing upon such applications, the Ocean County Board of Construction Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; 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;
(8) 
The relationship of the proposed use to the comprehensive plan and floodplain 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 floodwaters 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 listed above and the purposes of this chapter, the Ocean County Board of Construction Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. 
The Division of Inspections shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

§ 196-16 Conditions for variances.

A. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection D(1) through (11) in § 196-15 have been fully considered. As the lot size increases beyond the 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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. 
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.
E. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that 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 § 196-15D 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.

§ 196-17 Provisions for flood hazard reduction.

In all areas of special flood hazards, the following standards are required:
A. 
Anchoring.
(1) 
All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be 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.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities.
(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; and
(4) 
For all new construction and substantial improvements, the 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. 
Land development proposals.
(1) 
All subdivision proposals and site plan proposals shall be consistent with the need to minimize flood damage;
(2) 
All subdivision proposals and site plan proposals 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 site plan proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) 
Base flood elevation data shall be provided for subdivision proposals and site plan proposals shall which contain at least 50 lots or five acres (whichever is less).
E. 
Encroachments. 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 of a foot at any point.
F. 
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 criteria:
(1) 
A minimum of two openings 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 covering or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 196-18 Specific standards.

[Amended 7-9-2013 by Ord. No. 19-13]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 196-7, Basis for establishing areas of special flood hazard or in § 196-14B, Use of other base flood data, the following standards are required:
A. 
Residential construction.
(1) 
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 base flood elevation or best available flood hazard data, whichever is the more restrictive standard, in compliance with applicable construction codes plus one foot of freeboard;
(2) 
Require within any AO Zone on the municipality'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 feet if no depth number is specified) or at or above the base flood elevation or best available flood hazard data, whichever is more restrictive, in compliance with applicable construction codes plus one foot of freeboard; 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 shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
(1) 
Either:
(a) 
Elevated to or above the base flood elevation or best available flood hazard data whichever is the more restrictive standard; and
(b) 
Require within any AO Zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential 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 feet if no depth number is specified) or at or above the best available flood hazard data, whichever is more restrictive; and, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
(2) 
Or:
(a) 
Be floodproofed so that below the base flood level or best available flood hazard data (whichever is more restrictive) the structure is watertight with walls substantially impermeable to the passage of water;
(b) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) 
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 § 196-14C(2).
C. 
Manufactured homes.
(1) 
Manufactured homes shall be anchored in accordance with § 196-17A(2).
(2) 
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 or best available flood hazard data whichever is more restrictive.

§ 196-19 Floodways.

Located within areas of special flood hazard established in § 196-7 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. 
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.
B. 
If § 196-19A is satisfied, all new construction and substantial improvements must comply with § 196-17, Provisions for flood hazard reduction.
C. 
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 of a foot at any point.

§ 196-20 Coastal high hazard area.

Coastal high hazard areas (V or VE Zones) are located within the areas of special flood hazard established in § 196-7. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
A. 
Location of structures.
(1) 
All buildings or structures shall be located landward of the reach of the mean high tide.
(2) 
The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or manufactured home subdivision, or as specified below:
(a) 
A manufactured home may be placed on a property where a structure has been determined by the Municipal Engineer to be substantially damaged.\
(b) 
The manufactured home may receive a temporary certificate of occupancy for a period not to exceed two years.
(c) 
All additional requirements of the UCC and this chapter shall be adhered to prior to the issuance of any certificate of occupancy.
B. 
Construction methods.
(1) 
Elevation. All new construction and substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor, excluding the piling or columns, is elevated to or above the base flood level, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in Subsection B(4).
(2) 
Structural support.
(a) 
All new construction and substantial improvements shall be securely anchored on piling or columns.
(b) 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
(c) 
There shall be no fill used for structural support.
(3) 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection B(1) and (2)(a) and (b).
(4) 
Space below the lowest floor shall conform to the following requirements:
(a) 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this chapter shall not enclose the space below the lowest floor unless breakaway walls, open wood latticework or insect screening is used as provided for in this section.
(b) 
Breakaway walls, open wood latticework or insect screening shall be allowed below the base flood elevation, provided that it is intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
[1] 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood.
[2] 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading valves used shall be those associated with the base flood. Wind loading valves used shall be those required by applicable state or local building standards.
(c) 
If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access or storage and not for human habitation.
(d) 
Prior to construction, plans for any breakaway wall must be submitted to the local administrator for approval.
(e) 
Solid breakaway walls are prohibited in the coastal high-hazard area.
C. 
Sand dunes. There shall be no alteration of sand dunes that would increase potential flood damage.

§ 196-21 Erosion zones.

A. 
When the Municipal Engineer has not yet identified any area within the municipality as having special flood-related erosion hazards, but the municipality has indicated the presence of such hazards by submitting an application to participate in the program, the municipality shall:
(1) 
Require an issuance of a permit for all proposed construction or other development in the area of flood-related erosion hazard as it is known to the municipality;
(2) 
Require review of each permit application to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion hazards or otherwise aggravate the existing flood-related erosion hazard; and
(3) 
If a proposed improvement is found to be in the path of flood-related erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures to be taken which will not aggravate the existing erosion hazard.
B. 
When the Municipal Engineer has delineated Zone E on the community's FIRM, the municipality shall:
(1) 
Meets the requirements of Subsection A; and
(2) 
Require a setback for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will be designated by the Administrator according to the flood-related erosion hazard and erosion rate, in conjunction with the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the municipality's land. The buffer may be used for suitable purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures.

§ 196-22 Requests to be made to Municipal Engineer.

All requests for certification regarding the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the Township of Brick shall be made to the Municipal Engineer of the Township of Brick.

§ 196-23 Requests to be made by owner; description of property.

All requests for certification concerning the above maps shall be made, in writing, by the owner of the subject property or his authorized agent and shall include an accurate description of the property sufficient for the Municipal Engineer to determine the location of the subject property on the applicable map.

§ 196-24 Fee.

There shall be a fee of $10 charged for each certification, which fee shall accompany the request thereof.