Township of Long Beach, NJ Flood Damage Prevention

The flood hazard areas of the Township 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.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard with increased flood velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

[Amended 3-12-1999 by Ord. No. 99-7C; 9-1-2006 by Ord. No. 06-24C]

§ 94-2 Purpose; methods.

Statement. It is the purpose of this chapter to promote the public health, safety and general welfare and so minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health.

(2)

Minimize expenditure of public money for costly flood control projects.

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4)

Minimize prolonged business interruptions.

(5)

Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

(6)

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.

(7)

Ensure that potential home buyers are notified that property is in a flood area.

(8)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

[Added 3-12-1999 by Ord. No. 99-7C]

Methods of reducing flood losses. In order to accomplish its purposes, this chapter shall use the following methods:

(1)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)

Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters.

(4)

Control filling, grading, dredging and other development which may increase flood damage.

(5)

Prevent or regulate the construction of flood barriers which shall unnaturally divert floodwaters or which may increase flood hazards to other lands.

§ 94-3 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.

ADVISORY BASE FLOOD ELEVATION (ABFE): The elevation shown on a community's Advisory Flood Hazard Map (AFHM), also known as the communities Flood Insurance Rate Map (FIRM) that indicates the advisory stillwater elevation plus wave effect (ABFE=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 5-17-2013 by Ord. No. 13-14C]

ADVISORY FLOOD HAZARD AREA (AFHA): The land in the floodplain within a community subject to flooding from the one-percent-annual-chance event depicted on the Advisory Flood Hazard Map.
[Added 5-17-2013 by Ord. No. 13-14C]

ADVISORY FLOOD HAZARD MAP: The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
[Added 5-17-2013 by Ord. No. 13-14C]

AH 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.
[Added 11-5-2018 by Ord. No. 18-34C]

AO ZONE: Areas subject to inundation by a one-percent-annual-chance of shallow flooding (usually sheet flow on sloping terrain) where the average depths are between one and three feet.
[Added 11-5-2018 by Ord. No. 18-34C]

APPEAL: A request for a review of the Code Enforcement Officer's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING: The designated AO, AH or VO Zone on the Township's Flood Insurance Rate Map with a one-percent 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.
[Added 9-1-2006 by Ord. No. 06-24C]

AREA OF SPECIAL FLOOD HAZARD: The 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, V1-30, A, AO, A1-A30, AE, A99, or AH.[1]
[Amended 11-5-2018 by Ord. No. 18-34C]

BASE FLOOD: The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): 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. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) 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.
[Amended 11-5-2018 by Ord. No. 18-34C]

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

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 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 Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones are to be regulated the same as V Zones/coastal high-hazard areas.
[Added 11-5-2018 by Ord. No. 18-34C]

COASTAL HIGH-HAZARD AREA: An area of special flood hazard extending 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.
[Amended 6-19-1992 by Ord. No. 92-14C]

DESIGN FLOOD ELEVATION (DFE): The base flood elevation plus an additional elevation, known as freeboard.
[Added 5-1-2017 by Ord. No. 17-18C]

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.
[Amended 3-12-1999 by Ord. No. 99-7C]

ELEVATED BUILDING: 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, or, in the case of a building in a coastal high-hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the BFE, 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. In areas of coastal high-hazard and Coastal A Zones, "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.
[Amended 11-5-2018 by Ord. No. 18-34C]

EROSION: The process of gradual wearing away of land masses.[2]
[Added 9-1-2006 by Ord. No. 06-24C]

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.
[Amended 11-5-2018 by Ord. No. 18-34C]

FLOOD INSURANCE STUDY: The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning Ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as 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.
[Added 3-12-1999 by Ord. No. 99-7C]

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

FLOODPROOFING: Any combination of structural or 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.
[Added 11-5-2018 by Ord. No. 18-34C]

FLOOD-RELATED EROSION: The collapse or subsidence of land along the shore of the ocean or bay 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 the ocean or bay, 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.
[Added 9-1-2006 by Ord. No. 06-24C]

FLOOD-RELATED EROSION AREA or FLOOD-RELATED EROSION-PRONE AREA: A land area adjoining the shore of the ocean or bay which, due to the composition of the shoreline and high water levels or wind-driven currents, is likely to suffer flood-related erosion.
[Added 9-1-2006 by Ord. No. 06-24C]

FLOOD-RELATED EROSION AREA MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
[Added 9-1-2006 by Ord. No. 06-24C]

FLOOD-RESISTANT MATERIAL: Building materials approved by the Long Beach Township Building Department which are pressure preservative treated or are naturally durable flood- and water-resistant materials.
[Added 11-19-2010 by Ord. No. 10-51C]

FREEBOARD: 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.
[Added 7-5-2002 by Ord. No. 02-08C; amended 5-1-2017 by Ord. No. 17-18C; 11-5-2018 by Ord. No. 18-34C]

GROUND FLOOR LEVEL: A floor level at near grade and is the first-floor level of a structure.
[Added 12-3-2018 by Ord. No. 18-38C]

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
[Added 3-12-1999 by Ord. No. 99-7C; amended 11-5-2018 by Ord. No. 18-34C]

HISTORIC STRUCTURE: Any structure that is:
[Added 3-12-1999 by Ord. No. 99-7C]

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 V Zone and the LIMWA will be similar to, but less severe than those in the V Zone.
[Added 11-5-2018 by Ord. No. 18-34C]

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 as to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 11-5-2018 by Ord. No. 18-34C]

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 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 park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL: The average height of the sea for all stages of the tide.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by Long Beach Township. The term also includes any subsequent improvements to such structures.
[Added 9-1-2006 by Ord. No. 06-24C]

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 Long Beach Township.
[Added 9-1-2006 by Ord. No. 06-24C]

PRIMARY FLOOR LEVEL: The first-floor level above the ground floor level. The primary floor level shall be supported by and anchored to a piling and girder system.
[Added 12-3-2018 by Ord. No. 18-38C]

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 during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
[Added 6-19-1992 by Ord. No. 92-14C]

PRIMARY LIVING LEVEL: For the purpose of this chapter, a level supported by pilings and a horizontal structural member with the top of the floor level not less than 21 feet nor more than 28 feet above mean sea level as determined by the 1988 North American Vertical Datum.
[Added 3-16-2015 by Ord. No. 15-11C; amended 12-2-2019 by Ord. No. 19-29C]

RECREATIONAL VEHICLE: A vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the longest horizontal projection; c) designated to be self-propelled or permanently towable by a light truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
[Added 9-1-2006 by Ord. No. 06-24C]

SAND DUNES: Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
[Amended 11-5-2018 by Ord. No. 18-34C]

START OF CONSTRUCTION: For other than new construction or substantial improvements under the Coastal Barrier Resources Act P.L. 97-348, includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, 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, 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.
[Amended 3-12-1999 by Ord. No. 99-7C]

STRUCTURE: a) A walled and roofed building; b) a manufactured home; c) a gas or liquid storage tank which is principally above ground.
[Amended 9-1-2006 by Ord. No. 06-24C]

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 49% of the replacement cost, as determined by the Tax Assessor's records, of the structure before the damage occurred.
[Added 3-12-1999 by Ord. No. 99-7C; amended 7-5-2002 by Ord. No. 02-08C; 9-1-2006 by Ord. No. 06-24C]

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the replacement costs as determined by the Tax Assessor's records 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:
[Amended 12-18-1992 by Ord. No. 92-27C; 3-12-1999 by Ord. No. 99-7C; 10-6-2000 by Ord. No. 00-12C; 7-5-2002 by Ord. No. 02-08C; 5-17-2013 by Ord. No. 13-14C]

VARIANCE: A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

VIOLATION: 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 by 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.
[Added 11-5-2018 by Ord. No. 18-34C]

[1]

Editor's Note: The definition of "areas of special flood-related hazard," added 9-1-2006 by Ord. No. 06-24C, which immediately followed, was repealed 11-5-2018 by Ord. No. 18-34C.

[2]

Editor’s Note: The definition of "FEMA Map," added 1-18-2013 by Ord. No. 12-32C, as amended, and the definition of "Flood Hazard Map," added 8-2-2013 by Ord. No. 13-28C, which immediately followed, were repealed 11-5-2018 by Ord. No. 18-34C.

§ 94-4 General provisions.

Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township.

Basis for establishment of special flood hazard areas.

[Amended 3-12-1999 by Ord. No. 99-7C; 9-1-2006 by Ord. No. 06-24C]

(1)

The areas of special flood hazard for the Township of Long Beach, Community No. 345301, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

[Amended 1-18-2013 by Ord. No. 12-32C; 5-17-2013 by Ord. No. 13-14C; 8-2-2013 by Ord. No. 13-28C]

(a)

A scientific and engineering report, "Flood Insurance Study, Ocean County, New Jersey," dated September 29, 2006, and all revisions, amendments, replacements, modifications or substitutions thereto proposed or finally adopted by the Federal Emergency Management Agency, including but not limited to preliminary work maps dated June 17, 2013, and any revisions, amendments, modifications or replacements thereto which may be adopted in the future.

(b)

Flood-Insurance Rate Map for Ocean County, New Jersey, as shown on Index and numbers 0584, 0592, 0603, 0611, whose effective date was September 29, 2006, and any and all revisions, amendments, replacements, modifications or thereto which may be adopted in the future.

(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 Long Beach Township Municipal Building, 6805 Long Beach Boulevard, Brant Beach, New Jersey 08008-3661.

Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall hereafter be extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 180 days, or both, for each violation. Nothing herein contained shall prevent the Township of Long Beach from taking such other lawful action as is necessary to prevent or remedy any violation.

[Amended 9-1-2006 by Ord. No. 06-24C]

Interpretation. In the interpretation and application of the chapter, all provisions shall be:

(1)

Considered as minimum requirements.

(2)

Liberally construed in favor of the Township.

[Amended 1-18-2013 by Ord. No. 12-32C]

(3)

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

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 other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

[Added 3-12-1999 by Ord. No. 99-7C]

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 area 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 Long Beach, 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.

[Added 3-12-1999 by Ord. No. 99-7C]

In fixing height elevation requirements for purposes of Chapter 94. X Zones as delineated on the FIRM preliminary map of June 17, 2013, shall not be considered for purposes of fixing elevations. The latest FIRM, which contained no X Zones, shall be utilized in establishing elevation requirements.

[Added 8-2-2013 by Ord. No. 13-28C]

(1)

In all X Zones as shown on the June 17, 2013, preliminary maps, elevation requirements shall be established by making reference to the closest A Zone; provided, however, that all oceanfront lots which are delineated in the preliminary FIRM of June 17, 2013, as being in an X Zone shall be considered to be and administered as though they were in the VE Zone.

§ 94-5 Development permit.

Establishment of development permit. A development permit shall be obtained before construction, development, or placement of any structure, including the placement of manufactured homes, begins within any area of special flood hazard established under the provisions of § 94-4B.

[Amended 11-5-2018 by Ord. No. 18-34C]

Application requirements. Application for a development permit shall be made to the Code Enforcement Officer on forms furnished by him or her and may include but shall not be limited to the following 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 shall be required:

(1)

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

(2)

Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed.

(3)

Plans showing how any nonresidential floodproofed structure shall meet the floodproofing criteria of the provisions of § 94-9B and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets the criteria of such section.

(4)

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

(5)

Plans for any walls to be used to enclose space below the base flood level.

§ 94-6 Code Enforcement Officer.

Appointment. The Code Enforcement Officer is hereby appointed to administer and implement the provisions of this chapter by granting or denying development permit applications in accordance with its provisions.

Duties and responsibilities. Duties of the Code Enforcement Officer shall include but not be limited to the following:

(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 ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(c)

Review all development permits in the coastal high-hazard area and Coastal A Zone area to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.

[Amended 11-5-2018 by Ord. No. 18-34C]

(d)

Review plans for walls to be used to enclose space below the base flood level in accordance with § 94-10E(1).

(e)

Review all development permits to determine if the proposed development is located in the floodway; assure that the encroachment provisions of § 94-10A(1) are met.

[Added 9-1-2006 by Ord. No. 06-24C]

(2)

[1] Information to be obtained and maintained.

(a)

Verify and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, if any, of all new or substantially improved structures.

[Amended 9-1-2006 by Ord. No. 06-24C]

(b)

For all new or substantially improved floodproofed structures:

[1]

Verify and record the actual elevation, in relation to mean sea level, and

[2]

Maintain the floodproofing certifications required in § 94-9C.

(c)

In coastal high-hazard areas and Coastal A Zones, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored piling or columns in order to withstand velocity waters and hurricane wave wash.

[Amended 11-5-2018 by Ord. No. 18-34C]

(d)

Maintain for public inspection all records pertaining to the provisions of this chapter.

[1]

Editor's Note: Former Subsection B(2), Use of other base flood data, and B(4), Alteration of watercourses, were repealed 1-18-2013 by Ord. No. 12-32C. This ordinance also provided for the renumbering of former Subsection B(3), (5) and (6) as Subsection B(2), (3) and (4), respectively.

(3)

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 as reasonable opportunity to appeal the interpretation as provided in this section.

(4)

Final inspection. Before a certificate of occupancy is issued for the structure, the Code Enforcement Officer shall inspect the premises to assure that the requirements of this chapter have been met.

(5)

Substantial damage review. After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.

[Added 11-5-2018 by Ord. No. 18-34C]

(a)

Record and maintain the flood and nonflood damage structures and provide a letter of substantial damage determination to the owner and all other persons and entities as required by federal and state agencies.

(b)

Ensure all substantial improvements comply with this chapter and federal and state specific standards.

§ 94-7 Appeal procedure.

[Amended 1-18-2013 by Ord. No. 12-32C]

Appeal Board.

(1)

The Land Use Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this chapter.

(2)

Any person aggrieved by the decision of the Land Use Board or any taxpayer may appeal such decision as provided by law.

Considerations.

(1)

In passing upon such applications, the Land Use Board 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 into other lands to the injury of others.

(b)

The danger to life and property due to flooding or erosion damage.

(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, not subject to flooding or erosion damage, for the proposed use.

(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 for 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 action, 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.

Maintenance of appeal records. The Code Enforcement Officer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

§ 94-8 General construction standards. [1]

[Amended 10-20-1987 by Ord. No. 87-35C; 11-19-2010 by Ord. No. 10-51C; 1-18-2013 by Ord. No. 12-32C; 5-17-2013 by Ord. No. 13-14C]

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, is required:

Anchoring.

(1)

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

(2)

All manufactured homes 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.

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.

(3)

Any wood installed at grade or below FEMA-designated flood elevations shall be appropriately pressure preserved to meet the standards of AWPA (American Wood-Preservers' Association) U1 for the species, product, preservative and end use of the material. Plywood shall be preservative treated in accordance with AWPA (American Wood-Preservers' Association) standard C9-3 with creosote, pentachlorophenol preservatives or equivalent.

Utilities.

(1)

All new and replacement water supply systems shall be designated 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 discharges from the systems into floodwaters.

(3)

All electrical, plumbing, HVAC, and other service equipment installed for new construction and substantial improvements shall be located at or above the BFE of the applicable flood zone.

[Amended 11-5-2018 by Ord. No. 18-34C]

Subdivision proposals.

(1)

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage.

(2)

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.

(3)

All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage.

(4)

Base flood elevation data shall be provided for all subdivision proposals and other proposed developments.

Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that 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.

[Amended 11-5-2018 by Ord. No. 18-34C]

Construction design floor elevation. New construction and substantial improvement areas below the design floor elevation for residential structures shall not be used for any purpose other than parking of vehicles, building access, storage, and as otherwise permitted by 44 C.F.R. §60.3. In addition, all walls in such areas shall remain unfinished or constructed with treated and floodproof materials with proper flood venting. No such area shall be used for any type of living-related space, and no bathrooms, toilets, sinks, built-in cabinets, appliances, or any other type of similar construction or fixture shall be permitted.

[Added 11-4-2019 by Ord. No. 19-26C]

[1]

Editor's Note: Former § 94-8, Conditions for variances, as amended, was repealed 1-18-2013 by Ord. No. 12-32C. This ordinance also provided for the renumbering of former §§ 94-9 through 94-11.1 as §§ 94-8 through 94-11, respectively.

§ 94-9 Specific construction standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 94-4A or 94-6B(2), the following provisions shall be required:

Residential zones.

[Amended 7-5-2002 by Ord. No. 02-08C; 6-17-2005 by Ord. No. 05-14C; 9-1-2006 by Ord. No. 06-24C; 1-18-2013 by Ord. No. 12-32C; 5-17-2013 by Ord. No. 13-14C; 8-2-2013 by Ord. No. 13-28C; 9-12-2014 by Ord. No. 14-29C; 4-4-2016 by Ord. No. 16-09C; 11-5-2018 by Ord. No. 18-34C; 12-3-2018 by Ord. No. 18-38C]

(1)

In all A Zones, new construction and substantial improvement of any residential structures shall have the top of the lowest finished floor, and all attendant utilities, mechanical equipment and sanitary facilities supported by and anchored to a piling and girder system and elevated at or above the base flood elevation plus one foot or more; provided, however, that if the base flood elevation is less than eight feet, the elevation shall be at elevation eight feet plus one foot or more, or as required by ASCE/SEI 24-14, Table 2-1.

[Amended 12-2-2019 by Ord. No. 19-29C]

(2)

Require that, in any AO and AE Flood Zones listed on the municipality's FIRM map, all new construction and substantial improvement of any residential structure shall be required to install adequate drainage paths or equivalent around the structure to guide floodwaters away from the structure and to drain directly to the street upon which the lot is located and shall be sloped and graded to prevent such water from draining onto any adjacent properties.

[Added 9-12-2014 by Ord. No. 14-29C]

(3)

Increasing the grade in excess of 18 inches on all lots in the AE and AO flood zones shall require a soil erosion application and plan be submitted to the Long Beach Township Engineer for review and approval prior to the placement of any additional fill or a grade change on the lot.

[Added 4-4-2016 by Ord. No. 16-09C]

Nonresidential construction. In any 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 and any room housing mechanical equipment, together with the attendant utilities and sanitary facilities constructed to meet one of the following two construction standards:

[Amended 7-5-2002 by Ord. No. 02-08C; 6-17-2005 by Ord. No. 05-14C; 9-1-2006 by Ord. No. 06-24C; 5-17-2013 by Ord. No. 13-14C; 8-2-2013 by Ord. No. 13-28C]

(1)

Standard 1.

(a)

Elevated to or above the base flood elevation plus one foot or more, or as required by ASCE/SE 24-14, Table 2-1, whichever is more restrictive;

[Amended 11-5-2018 by Ord. No. 18-34C]

(b)

Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement and any room housing utilities or mechanical equipment, elevated above the highest adjacent grade plus one foot or more above the depth number specified in feet (the depth number shall be the number following the letter AO and the elevation shall be at least three feet if no depth number is specified) plus one foot, whichever is more restrictive, and shall further require installing and maintaining adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(2)

Standard 2.

(a)

Be floodproof so that below base flood level plus one foot or more the structure is watertight with walls substantially impermeable to the passage of water; and

(b)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of poignancy.

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 section. Such certification shall be provided to the official as set forth in § 94-5B.

Manufactured homes. All manufactured homes shall be anchored in accordance with § 94-8A(2). All manufactured homes to be placed or substantially improved within any 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 base flood elevation plus one foot or more, whichever is more restrictive.

[Added 9-1-2006 by Ord. No. 06-24C; amended 5-17-2013 by Ord. No. 13-14C; 8-2-2013 by Ord. No. 13-28C]

§ 94-10 Coastal high-hazard area and Coastal A Zone.

[Amended 9-1-2006 by Ord. No. 06-24C; 10-20-1987 by Ord. No. 87-35C; 7-5-2002 by Ord. No. 02-08C; 6-17-2005 by Ord. No. 05-14C; 9-1-2006 by Ord. No. 06-24C; 1-18-2013 by Ord. No. 12-32C; 5-17-2013 by Ord. No. 13-14C; 8-2-2013 by Ord. No. 13-28C; 3-2-2015 by Ord. No. 15-08C;3-16-2015 by Ord. No. 15-11C; 11-5-2018 by Ord. No. 18-34C]

Coastal high-hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in § 94-4. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:

Location.

(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 mobile home park.

In all V Zones as established by the FEMA Rate Map identified in § 94-3 of the Long Beach Code the following floor elevations shall apply:

(1)

In the beach area, VE-14 Zone, no building or structure located on lots regulated by the oceanfront building line shall be erected or enlarged which have the lowest primary floor level elevated less than 21 feet nor more than 28 feet above the mean sea level as determined by the 1988 North American Vertical Datum. Any building or structure in the beach dune area shall have a maximum building height as required by § 205-10 of the Code of Long Beach Township. The primary living level shall be supported by pilings and a horizontal structural member parallel to the flow of water. All space below the primary living level shall have exterior breakaway wall construction as required by § 94-11A.

[Amended 12-2-2019 by Ord. No. 19-29C]

(2)

In any area as defined by the FEMA Flood Insurance Rate Map as set forth in § 94-3 of this Code, no building or structure shall be erected or enlarged with a first elevated floor elevation below eight feet above North America Vertical Datum as identified in Subsection B(1) above.

(3)

Elevation. All new construction and substantial improvements shall be elevated on piling or columns so that:

(a)

The bottom of the lowest horizontal structural member of the lowest elevated floor and any room or area housing mechanical equipment or utilities (excluding the pilings or columns) is elevated to or above the base flood elevation or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive.

(b)

With all space below the lowest floor horizontal supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 94-10E.

(4)

In the areas defined as the VE9 and VE10 Zones as set forth in the Code of the Township of Long Beach, no building or structure should be erected or enlarged which will have the lowest horizontal structural member of the first elevated floor at less than 11 feet above sea level datum as referenced in Subsection B(1) above.

(5)

Structural support.

(a)

All new construction and substantial improvements in all V Zones shall be securely anchored on piling.

(b)

The pilings and all structures attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effective 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 reoccurrence interval).

(c)

There shall be no fill use for any structural support in any V Zone.

(d)

All pilings shall have a minimum diameter of 10 inches and shall be driven or jetted so that the lowest point of such piling shall be 10 feet below sea level as determined by the 1988 North American Vertical Datum. If any such pilings are jetted, they must be driven to resistance.

(e)

All pilings shall be appropriately pressure treated as specified in § 94-8B(3) of the Long Beach Township Code.

(f)

Compliance with all structural support requirements as set forth in Subsection B(5)(a) through (e) above shall be certified to by a New Jersey licensed professional engineer.

(6)

Elevation of breakaway walls. In all V Zones, breakaway walls as above provided for in Subsection B(2) are required. Such breakaway walls shall not be permitted, however, to extend below the required elevations, required by §§ 51-3 and 51-5 of the Code of the Township of Long Beach.

(7)

Specifications for slab construction in the VE14 Zone.

(a)

Any slab floor in the VE14 Zone on the oceanfront shall be a monolithic pour with the perimeter no more than 10 inches thick for a distance of six inches from the edge of the pour with the balance of the monolithic pour being four inches thick. No such slab shall contain wire mesh, rebar or other supporting membrane other than fiber mesh.

(b)

In all oceanfront VE Zones, as shown on the current FEMA Flood Insurance Rate Map, the FIRM, any building or structure which has below the first floor a concrete slab the bottom of such slab shall be a minimum of 14 feet above mean sea level as determined by NAVD 1988, except as provided in § 94-10E(3).

(8)

In all zones other than VE14 Zones, all slabs shall be a minimum of one foot above the crown of the road or easement upon which the structure being serviced by such slab is located.

(9)

Nonconforming exception.

(a)

Any building or structure which had a concrete slab below the elevation as required by this chapter prior to October 29, 2012, which is being replaced under the same building or structure existing prior to October 29, 2012, may have the concrete slab replaced at the elevation at which it existed prior to October 29, 2012.

(b)

In all oceanfront VE Zones as shown on the current FEMA Flood Insurance Rate Map, the FIRM, any building or structure which has, below the first floor, a concrete slab, the bottom of such slab may be lower than the 14 feet above mean sea level as called for in Subsection B(7)(b) above; provided, however, that such lower elevation shall be permitted only for use as a garage, a storage area or an entrance foyer. This nonconforming exception will not affect requirements of this chapter for breakaway walls.

Structural support.

(1)

All new construction and substantial improvements in the oceanfront VE Zone shall be securely anchored on pilings.

(2)

All new construction and substantial improvements in the VE Zone-II shall be securely anchored on pilings or columns.

(3)

The pilings or column foundations and all structures attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effective wind- and water-loading values, each of which shall have a one-percent chance of being equal or exceeded in any given year (one-hundred-year mean recurrence interval).

(4)

There shall be no fill used for any structural support in any V Zone.

(5)

All pilings shall have a minimum diameter of 10 inches and shall be driven or jetted so that the lowest point of such pilings shall be 10 feet below sea level as determined by the 1988 North America Vertical Datum. If any such pilings are jetted, they must be driven to resistance.

(6)

All piling shall be appropriately pressure treated as specified in § 94-8B(3) of the Long Beach Code.

(7)

Compliance with all structural support requirements as set forth in Subsection C(1) through (6) above shall be certified to by a New Jersey Licensed Professional Engineer.

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 § 94-10A and (C)(1) and (2).

Space below the lowest first elevated floor.

(1)

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 are used as provided for in this section.

(2)

Except in the oceanfront V Zone, VE Zone-14, breakaway walls, open wood lattice work or insect screening shall be allowed below the base flood elevation, provided that they are 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:

(a)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood and,

(b)

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 values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

(c)

In the oceanfront VE Zone, the VE Zone-14, breakaway walls as above provided for in Subsection E(2) are required; however, they shall not be allowed to extend below the base flood elevation as provided for in the FEMA Flood Rate Map for that zone, nor shall they be allowed to extend below the required elevations required by § 51-3 and § 51-5 of the Code of Long Beach Township.

(3)

In all Zones other than V Zones, if breakaway walls are utilized below the BFE elevation, such enclosed space shall be solely for parking of vehicles, building access or storage.

(4)

Prior to construction, plans for any breakaway wall must be submitted to the Code Enforcement Officer for approval.

§ 94-11 Areas of special flood hazard.

[Added 3-12-1999 by Ord. No. 99-7C; amended 7-5-2002 by Ord. No. 02-08C; 1-18-2013 by Ord. No. 12-32C]

Specifications for breakaway walls. Breakaway walls shall be constructed to comply with the requirements of § 94-10E above. In addition to those specifications, all plumbing and electrical service shall be installed in a vertical position, and no breakaway section of any wall shall exceed four feet in width panelized in a vertical position. Supporting studs for such panel shall be placed two feet on center so that each four-foot breakaway panel shall be supported by a single supporting stud in the center. If the exterior wall is coated with mortar, stone, wire mesh or any other facade giving the appearance of a continuous facing, it shall have vertical release joints at intervals of not more than every four feet.

Specifications for slab construction in the VE Zone-14 oceanfront VE Zone. Any slab floor in the oceanfront VE Zone, the VE Zone-14, shall be a monolithic pour with the perimeter no more than 10 inches thick for a distance of six inches from the edge of the pour with the balance of the monolithic pour being four inches thick. No such slab shall contain wire mesh, rebar or other supporting membrane other than fiber mesh.

[Amended 8-2-2013 by Ord. No. 13-28C]

In the V Zone 9, V Zone 10 and V Zone 11, all slabs shall be a minimum of one foot above the crown of the road or easement upon which the structure being serviced by such slab is located.

In the VE Zone-14, the oceanfront VE Zone, no slab may be installed the bottom of which is lower than 14 feet above sea level as determined by the 1988 North America Vertical Datum.

[Amended 8-2-2013 by Ord. No. 13-28C]

In the oceanfront VE Zone, the VE Zone-14 the base or bottom of any slab may be located at 14 feet provided that it does not encroach into the required slope area for oceanfront dune as required by § 51-3 of § 51-5 of the Code of Long Beach Township; provided, however, that a slab may encroach into the required oceanfront dune area, required by § 51-5B, no more than two vertical feet at that point closest to the oceanfront building line, which encroachment shall not exceed 22 feet horizontally from the westerly edge of the building.

[Amended 8-2-2013 by Ord. No. 13-28C]

§ 94-12 Sand dunes.

[Added 10-20-1987 by Ord. No. 87-35C]

There shall be no alteration of sand dunes which would increase potential flood damage.[1]

[1]

Editor's Note: Former § 94-13, Abrogation and greater restrictions, and § 94-14, Warning and disclaimer of liability, which immediately followed this section were repealed 9-1-2006 by Ord. No. 06-24C. Former §§ 94-15 and 94-16 were renumbered as §§ 94-13 and 94-14, respectively.

§ 94-13 Public body authorized to declare property in violation.

[Amended 11-5-2018 by Ord. No. 18-34C]

The Board of Commissioners of the Township of Long Beach is hereby authorized and designated as the authorized public body required by Part 73 of the National Flood Insurance Program regulations, 44 CFR Ch. 1 (10-1-1987 Edition) to make a declaration that property found to be in violation of Chapter 94 of the Code of the Township of Long Beach or any National Flood Insurance Program regulations is in violation and to so certify to the Administrator of the Federal Emergency Management Agency in accordance with Part 73 of the National Flood Insurance Program regulations revised as of October 1, 1988, and as required in 44 CFR Ch. 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), and (e)(5).

§ 94-14 Certificates of occupancy.

[Added 7-5-2002 by Ord. No. 02-08C]

Prior to the issuance of a certificate of occupancy for new construction or for a certificate of occupancy upon resale or a certificate of occupancy issued for any other purpose, an application for such certificate shall be submitted to the Building Department on the form provided by the Building Department, which application shall be accompanied by a recorded deed, recorded in the Ocean County Clerk's Office at Toms River, New Jersey, which recorded deed shall contain the following specific language:

There is hereby imposed upon the lands described in this Deed a restrictive covenant advising all future owners of the said lands whether acquired by conveyance, inheritance or otherwise that the lands may only be used in accordance with flood regulations established by the Federal Emergency Management Agency (FEMA). A violation of any of the said Federal Emergency Management Agency flood regulations may result in:
	A.	An issuance of a summons returnable in the Municipal Court of the Township of Long Beach, or any other appropriate Court having jurisdiction, providing for a fine of not less than $100 nor more than $1,000 per day, or such greater or lesser fines as may be permitted by law for each and every day that any violation of the said Federal Emergency Management Agency flood protection regulations are violated; or
	B.	Subject the owner of the lands to an action in the Chancery Division, Superior Court of New Jersey or any other court having injunctive jurisdiction for a mandatory injunction compelling the owner to remove any violations of the said Federal Emergency Management Agency regulations.
By acceptance of title to the lands encumbered hereby, any owner thereof whether title be acquired by Deed of conveyance, inheritance or otherwise, grants to the appropriate inspection officers of the Township of Long Beach the right upon 48 hours advance notice to inspect the areas of any structure located on the lands which area lies below the base flood elevation (BFE) as defined by Federal Emergency Management regulations in order to determine compliance with such regulations and for a failure to permit such inspection, the owner of the lands may be subject to Complaint returnable in the Municipal Court of the Township of Long Beach and may be subject to a fine of not less than $100 per day nor more than $1,000 per day, or any such greater or lesser amounts as may be permitted by law for each and every day which inspection is refused.

A copy of this section of the Code of the Township of Long Beach shall be provided to any applicant for a building permit for new construction or alteration in order that the appropriate deed may be prepared and recorded in a timely manner so that a recorded copy may be provided to the Building Department of the Township of Long Beach prior to the issuance of any requested certificate of occupancy.

Any deed required by this section shall, in addition to containing the above-recited language, provide a description by metes and bounds and lot and block of the lands encumbered by the restrictive covenant above called for.