[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 8-7-1987 by Ord. No. 87-23C. Amendments noted where
applicable.]
A.
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.
B.
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]
A.
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]
B.
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.
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]
- 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.
- AREAS OF SPECIAL FLOOD-RELATED HAZARD
- The land within the Township which is most likely to be subject
to severe flood-related erosion losses. After a detailed evaluation
of the special flood related erosion hazard area, that area will be
designated as Zone E on the Flood Insurance Rate Map.[Added 9-1-2006 by Ord. No. 06-24C]
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- BASE FLOOD ELEVATION (BFE)
- The elevation of surface water resulting from a flood that
has a one-percent chance of equaling or exceeding that level in any
given year. The BFE is shown on the Flood Insurance Rate Map (FIRM).[Added 5-1-2017 by Ord. No. 17-18C]
- 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 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, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level 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, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
- EROSION
- The process of gradual wearing away of land masses.[Added 9-1-2006 by Ord. No. 06-24C]
- FEMA MAP
- The FEMA Map of June 17, 2013, shall be the Flood Insurance
Rate Map, hereinafter referred to as the FIRM referred to in this
chapter.[Added 1-18-2013 by Ord. No. 12-32C; amended 8-2-2013 by Ord. No. 13-28C]
- A. That map delineates three oceanfront VE Zones, VE12, VE13 and VE14; only the VE14 elevation shall be utilized in the Township of Long Beach. The same map delineates two bay-front VE Zones, VE Zones 9 and 10.
- B. For purposes of this chapter, uniform regulations will apply to the oceanfront V Zone, which shall maintain minimum elevation VE14, and bay-front VE Zones shall be elevation VE10.
- C.
- D. For purposes of this chapter, the AE7 Zone shall have height elevations identical with those required in the AE8 Zone.
- E.
- F. If, in comparing the elevations as provided in the FIRM with the elevations provided on the FEMA website for a specific address, the specific address is listed as being in a different zone, the zone identification in the FEMA website shall prevail.
- 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 8-2-2013 by Ord. No. 13-28C]
- FLOOD INSURANCE RATE MAP (FIRM)
- The official map on which the Federal Insurance Administration has delineated both the area of special flood hazards and the risk premium zones applicable to the community.
- 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:
- 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
- Freeboard is 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.[Added 7-5-2002 by Ord. No. 02-08C; amended 5-1-2017 by Ord. No. 17-18C]
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.[Added 3-12-1999 by Ord. No. 99-7C]
- HISTORIC STRUCTURE
- Any structure that is:[Added 3-12-1999 by Ord. No. 99-7C]
- A. Listed individually in 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;
- B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as registered historic district;
- C. Individually listed on a state inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
- D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- 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.
- 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 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 26 feet above mean sea level as
determined by the 1988 North American Vertical Datum.[Added 3-16-2015 by Ord. No. 15-11C]
- 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 accumulations of sand in ridges or mounds landward of the beach.
- 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]
- A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which were the minimum necessary to assure safe living conditions; or
- B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- 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.
A.
Applicability. This chapter shall apply to all areas
of special flood hazard within the jurisdiction of the Township.
B.
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.
C.
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]
D.
Interpretation. In the interpretation and application
of the chapter, all provisions shall be:
E.
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]
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 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]
G.
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.
A.
Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established under the provisions of § 94-4B.
B.
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.
A.
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.
B.
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 to determine if the proposed development alters mangrove
stands or sand dunes so as to increase potential flood damage.
(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]
(c)
In coastal high-hazard areas, 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.
(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.
[Amended 1-18-2013 by Ord. No. 12-32C]
A.
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.
B.
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.
C.
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.
[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:
A.
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.
B.
Construction materials and methods.
(1)
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)
All new construction and substantial improvements
shall be constructed using methods and practices that minimize flood
damage.
(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.
C.
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)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
D.
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.
E.
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
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.
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:
A.
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]
(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
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,
the elevation shall be at elevation eight plus one foot or more.
(2)
Require that in any AO Zone on the municipality's FIRM that
all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, foyer and
any area housing mechanical equipment, elevated above the highest
adjacent grade one foot or more above the depth number specified in
feet (at least three feet if no number is specified) or at or above
the base flood elevation plus one foot, whichever is more restrictive,
and such new construction or substantial improvement shall be required
to install and maintain adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
(3)
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]
(4)
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]
B.
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;
(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.
C.
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this section. Such certification shall be provided to the official as set forth in § 94-5B.
D.
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]
[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]
Coastal high-hazard areas (V or VE 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:
B.
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:
[Amended 8-2-2013 by Ord. No. 13-28C]
(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 living level elevated less than 21 feet nor more than 26 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 3-2-2015 by Ord.
No. 15-08C; 3-16-2015 by Ord. No. 15-11C]
(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.
(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.
(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.
C.
Structural support.
(1)
All new construction and substantial improvements in the oceanfront
VE Zone shall be securely anchored on pilings.
[Amended 8-2-2013 by Ord. No. 13-28C]
(2)
All new construction and substantial improvements in the VE Zone-II
shall be securely anchored on pilings or columns.
[Amended 8-2-2013 by Ord. No. 13-28C]
(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.
D.
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).
E.
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.
[Amended 8-2-2013 by Ord. No. 13-28C]
(3)
In all zones other than V Zones, if breakaway walls are utilized,
such enclosed space shall be solely for parking of vehicles, building
access or storage.
[Amended 1-18-2013 by Ord. No. 12-32C; 8-2-2013 by Ord. No.
13-28C]
(4)
Prior to construction, plans for any breakaway wall
must be submitted to the Code Enforcement Officer for approval.
[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]
A.
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.
B.
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]
C.
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.
D.
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]
E.
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]
[Added 10-20-1987 by Ord. No. 87-35C]
There shall be no alteration of sand dunes which
would increase potential flood damage.[1]
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.
[Added 7-5-2002 by Ord. No. 02-08C]
A.
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.
| |||
B.
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.
C.
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.
