[HISTORY: Adopted by the Township Committee
of the Township of Delanco 12-4-2017 by Ord. No. 2017-15.[1] Amendments noted where applicable.]
The Township Committee of the Township of Delanco does hereby
determine that the Legislature of the State of New Jersey has in N.J.S.A.
40:48-1 delegated to local governmental units, such as the Township
Committee of the Township of Delanco, the responsibility to adopt
regulations designed to promote the public health, safety and general
welfare of its citizens.
A.
The flood hazard areas of the Township of Delanco are subject to
periodic inundation which results in loss of life, 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 floodplains causing increases in flood heights and velocities and,
when inadequately anchored, causing damage in other areas. Uses that
are inadequately elevated, floodproofed or otherwise protected from
flood damage also contribute to the flood loss.
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 and bridges
located in floodplains.
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood blight areas.
G.
Ensure that potential buyers are notified that property is in a flood
area.
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
In order to accomplish its purposes, this chapter uses the following
methods:
A.
Restricts 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.
Requires that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
C.
Controls the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation
of flood areas.
D.
Controls filling, grading, dredging and other development which may
increase flood damage.
E.
Prevents or regulates the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazard
to other lands.
A.
Unless specifically defined below, words or phrases in this chapter
shall be interpreted so as to give them the meanings they have in
common usage and to give this chapter its most reasonable application.
B.
AE ZONE
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall have the meanings
indicated:
The flood insurance rate zone that corresponds to the one-percent-annual-chance
floodplains. Base flood elevations derived from the hydraulic analyses
are shown within this zone, either at cross section locations or at
static whole-foot elevations that apply throughout the zone.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
A request for a review of the Construction Code Official's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM)
with a one-percent-annual or greater chance of flooding to an average
depth of one foot to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, VI-30, A, AO, A1-A30, AE, A99, or AH.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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 materials located within the area of special flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
A nonbasement building 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 base flood elevation plus freeboard by means of
piling, columns (posts and piers) or shear walls parallel to the flow
of the water, and adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. 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.
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 before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be affixed (including the installation of utilities, either final
site grading or pouring of concrete, or the construction of streets).
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided 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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 of 44 CFR 60.3.
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 connected 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 a recreational
vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348)],[1] includes substantial improvement and means the date the
building permit was issued, provided that 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 pilings, 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, 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.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
Any repair, rehabilitation, reconstruction, addition or other
improvement of a structure during a ten-year period, the cost of which
equals or exceeds 50% of the market value of the structure before
the start of construction of the improvement. "Substantial improvement"
also means "cumulative substantial improvement." This term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include
either:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
A.
Lands to which this chapter applies. This chapter shall apply to
all areas of special flood hazard within the jurisdiction of the Township
of Delanco, County of Burlington, New Jersey.
B.
Basis for establishing the areas of special flood hazard.
(1)
The areas of special flood hazard for the Township of Delanco, Community
No. 340093, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(a)
A scientific and engineering report, "Flood Insurance Study,
Burlington County, New Jersey (All Jurisdictions)," dated December
21, 2017.
(b)
"Flood Insurance Rate Maps for Burlington County, New Jersey
(All Jurisdictions)," as shown on Index and panels 34005C0104F, 34005C0108F,
34005C0111F, 34005C0112F, 34005C0116F, and 34005C0118F, whose effective
date is December 21, 2017.
(2)
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 Delanco Municipal Building, 770 Coopertown Road, Delanco, New
Jersey, or FEMA Map Service Center website: https://msc.fema.gov/portal/advanceSearch.
C.
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, 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 punished as provided in Chapter 1, General Provisions, Article II, General Penalty. Nothing herein contained shall prevent the Township of Delanco from taking such other lawful action as is necessary to prevent or remedy any violation.
D.
Abrogation and greater restrictions. This chapter is not intended
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this chapter and another chapter,
easement, covenant or deed restriction conflict or overlap, whichever
imposes the more-stringent restrictions shall prevail.
F.
Warning and disclaimer of liability. 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. This
chapter shall not create liability on the part of the Township of
Delanco, 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 hereunder.
A.
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 § 65-6B. Application for a development permit shall be made on forms furnished by the Construction Code Official 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 and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1)
Elevation, in relation to mean sea level and/or North American Vertical
Datum of 1988 (NAVD88) datum, of the lowest flood, including basement,
of all structures.
(2)
Elevation, in relation to mean sea level and/or North American Vertical
Datum of 1988 (NAVD88) datum, to which any structure has been floodproofed.
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 65-8B(2).
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
B.
Designation of administrative official. The Construction Code Official
is hereby appointed to administer and implement this chapter by granting
or denying development permit applications in accordance with its
provisions.
C.
Duties and responsibilities of the administrative official. Duties
of the Construction Code Official shall include, but not be limited
to:
(1)
Permit review.
(a)
Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
(b)
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.
(2)
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 65-6B, Basis for establishing the areas of special flood hazard, the Construction Code Official 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 § 65-8B(1), Specific standards, Residential construction, and § 65-8B(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 and/or North American Vertical Datum of 1988 (NAVD88) datum]
of the lowest floor, including basement, of all new or substantially
improved structures and whether or not the structure contains a basement.
(c)
Maintain for public inspection all records pertaining to the
provisions of this chapter.
(4)
Alteration of watercourses.
(a)
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Bureau of Flood Control and the Land Use
Regulation Program and the Township Engineer prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Insurance Administration.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(5)
Substantial damage review.
(a)
After an event resulting in building damages, assess the damage
to structures due to flood and nonflood causes.
(b)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
(6)
Interpretation of FIRM boundaries. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (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 Subsection D.
D.
Appeal board.
(1)
The Township Committee of the Township of Delanco shall hear and
decide appeals and requests for variances from the requirements of
this chapter.
(2)
The Township Committee shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made
by the Construction Code Official in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Township Committee or any
taxpayer may appeal such decision to the Superior Court Law Division,
State of New Jersey, as provided for by the laws of the State of New
Jersey.
(4)
In passing upon such applications, the Township Committee shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter and:
(a)
The danger that materials may be swept onto other lands to the
injury of others.
(b)
The danger to life and property due to flooding or erosion damages.
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by the proposed facility
to the community.
(e)
The necessity to the facility of a waterfront location, where
applicable.
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated
development.
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave actions, if applicable,
expected at the site.
(k)
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.
(5)
Upon consideration of the factors of § 65-7D(4) and the purposes of this chapter, the Township Committee may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Construction Code Official shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
E.
Conditions for variances.
(1)
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, provided that the items in § 65-7D(4)(a) through (k) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair, reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, and the variance
is the minimum necessary to preserve the historic character and design
of the structure.
(3)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances or cause fraud on or victimization of the public as identified in § 65-7D(4) or conflict with existing local laws or ordinances.
(6)
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.
A.
General standards. In all areas of special flood hazard, compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
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 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.
[1]
Over-the-top ties shall be provided at each of the four corners
of the mobile home, with two additional ties per side at intermediate
locations, with mobile homes less than 50 feet long requiring one
additional tie per side.
[2]
Frame ties shall be provided at each corner of the home with
five additional ties per side at intermediate points, with mobile
homes less than 50 feet long requiring four additional ties per side.
[3]
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
[4]
Any additions to the mobile homes shall be similarly anchored.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(b)
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.
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(d)
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.
(4)
Subdivision proposals.
(a)
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals and other proposed new development
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 and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage.
(d)
Base flood elevation data shall be provided for all subdivision
proposals and other proposed new development.
(5)
Enclosure openings. For 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: A minimum of two openings in at least two exterior walls
of each enclosed area 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. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
B.
Specific standards. In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 65-6B, Basis for establishing the areas of special flood hazard, or in § 65-7C(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 located in an A or AE Zone shall have the lowest floor,
including basement, together with the attendant utilities (including
all electrical, heating, ventilating, air-conditioning and other service
equipment) and sanitary facilities, elevated at or above the base
flood elevation plus two feet or as required by ASCE/SEI 24-14, Table
2-1, whichever is more restrictive.
(b)
Require within any AO or AH Zone on the municipality's
DFIRM that all 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 depth number specified in feet plus two feet above the highest
adjacent grade (at least three 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. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall either have the lowest floor, including basement, together
with attendant utilities and sanitary facilities, as well as all electrical,
heating, ventilating, air-conditioning and other service equipment:
(a)
Elevated to or above the base flood elevation plus two feet
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(b)
Require within any AO or AH Zone on the municipality's
DFIRM to elevate above the depth number specified in feet plus two
feet above the highest adjacent grade (at least three 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
(c)
Be floodproofed so that below the base flood level plus two
feet or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
(d)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(e)
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 the subsection. Such certification shall be provided to the official as set forth in § 65-7C(3)(b)[2].
(3)
Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with § 65-8A(1)(b).
(b)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[1]
Be consistent with the need to minimize flood damage;
[2]
Be constructed to minimize flood damage;
[3]
Have adequate drainage provided to reduce exposure to flood
damage;
[4]
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus two feet
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
[5]
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
C.
Floodways. Located within areas of special flood hazard established in § 65-6 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:
(1)
Encroachments, including fill, new construction, substantial improvements
and other development, are prohibited unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(3)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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 foot at any point.
