[HISTORY: Adopted by the Township Council
of the Township of Moorestown 12-11-1995 by Ord. No. 1763-95.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 56.
Penalties for Code violations — See Ch. 66.
Soil removal — See Ch. 150.
Subdivision of land — See Ch. 158.
Water and sewers — See Ch. 175.
Zoning — See Ch. 180.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 83, Flood Damage Prevention, adopted
12-13-1971 as Ord. No. 688, as amended.
The Legislature of the State of New Jersey has,
in N.J.S.A 40:48-1 et seq., delegated the responsibility to local
governmental units to adopt regulations designed to promote public
health, safety and general welfare of its citizenry.
A.
The flood hazard areas of the Township of Moorestown
are subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazard which increase flood
heights and velocities and, when inadequately anchored, causes damage
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
[Amended 11-27-2017 by Ord. No. 23-2017]
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities,
such as water and gas mains; electric, telephone and sewer lines;
streets; and bridges located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood blight areas.
G.
Ensure that potential buyers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards or
which result in damaging increases in erosion or in flood heights
or velocities.
B.
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Controlling the alteration of natural floodplains,
stream channels and natural protective barriers, which help accommodate
or channel floodwaters.
D.
Controlling filling, grading, dredging and other development
which may increase flood damage.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meanings they have in common usage and to give this chapter its
most reasonable application.
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 11-27-2017 by Ord.
No. 23-2017]
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
[Added 11-27-2017 by Ord.
No. 23-2017]
A request for a review of the Construction Officials interpretation
of any provision of this chapter or a request for a variance.
A designated AO or AH Zone on a community's Digital Flood
Insurance Rate Map (DFIRM) with a one-percent or greater annual 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.
[Amended 11-27-2017 by Ord. No. 23-2017]
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.
[Amended 11-27-2017 by Ord. No. 23-2017]
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 11-27-2017 by Ord. No. 23-2017]
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.
[Added 11-27-2017 by Ord.
No. 23-2017]
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
[Amended 11-27-2017 by Ord. No. 23-2017]
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.
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.
[Added 11-27-2017 by Ord.
No. 23-2017]
A nonbasement building (i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers) or shear walls parallel to the
flow of the water; and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood 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.
[Amended 11-27-2017 by Ord. No. 23-2017]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 11-27-2017 by Ord.
No. 23-2017]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
[Amended 11-27-2017 by Ord. No. 23-2017]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 11-27-2017 by Ord.
No. 23-2017]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 11-27-2017 by Ord.
No. 23-2017]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 11-27-2017 by Ord.
No. 23-2017]
Any structure that is:
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;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
[Amended 11-27-2017 by Ord. No. 23-2017]
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's "lowest floor," provided
that such enclosure is not built so as to render the structure in
violation of other applicable nonelevation design requirements of
44 CFR 60.3.
[Amended 11-27-2017 by Ord. No. 23-2017]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
[Added 11-27-2017 by Ord.
No. 23-2017]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 11-27-2017 by Ord.
No. 23-2017]
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
[Added 11-27-2017 by Ord.
No. 23-2017]
A vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the longest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
[Added 11-27-2017 by Ord.
No. 23-2017]
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348)] includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of pilings,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
[Amended 11-27-2017 by Ord. No. 23-2017]
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
[Amended 11-27-2017 by Ord. No. 23-2017]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 11-27-2017 by Ord. No. 23-2017]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement officer and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 60.3(b)(5),
(c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 11-27-2017 by Ord.
No. 23-2017]
A.
Lands to which this chapter applies. This chapter
shall apply to all areas of special flood hazard within the jurisdiction
of the Township of Moorestown.
B.
Basis for establishing the areas of special flood hazard.
[Amended 11-27-2017 by Ord. No. 23-2017]
(1)
The areas of special flood hazard for the Township of Moorestown,
Community No. 340105, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(a)
A scientific and engineering report entitled "Flood Insurance
Study, Burlington County, New Jersey (All Jurisdictions)" dated December
21, 2017.
(b)
"Flood Insurance Rate Map for Burlington County, New Jersey
(All Jurisdictions)" as shown on Index and panel(s) 114F, 118F, 119F,
207F, 209F, 226F, 227F, 228F, 229F, 231F, 232F, and 233F, whose effective
date is December 21, 2017.
(2)
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file in
the office of the Township Clerk, Town Hall, 111 West Second Street,
Moorestown, New Jersey.
C.
Penalties for noncompliance. No structure or land shall hereafter
be constructed, relocated to, extended, converted, or altered without
full compliance with the terms of this chapter and other applicable
regulations. Violation of the provisions of this chapter by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this chapter or fails to comply
with any of its requirements shall upon conviction thereof be fined
not more than $2,000 or imprisoned for not more than 30 days, or both,
for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the Township
of Moorestown from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Amended 11-27-2017 by Ord. No. 23-2017[1]]
D.
Abrogation and greater restrictions. This chapter
is not intended to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
F.
Warning and disclaimer of liability.
(1)
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages.
(2)
This chapter shall not create liability on the part
of the Township of Moorestown, 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.
A.
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 83-6B. Application for a Development Permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.
[Amended 11-27-2017 by Ord. No. 23-2017]
B.
Specifically, the following information is 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 structure has been floodproofed.
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 83-11B(2).
(4)
Description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
[Amended 11-27-2017 by Ord. No. 23-2017]
Designation of Local Administrator. The Construction
Official, or his designee, is hereby appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
The duties of the Construction Official shall
include, but not be limited to:
A.
Permit review. The Construction Official shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 83-6B, Basis for establishing the areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 83-11B(1), Residential construction and § 83-11B(2), Nonresidential construction.
C.
Information to be obtained and maintained. The Construction
Official shall:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures and whether or not the structure
contains a basement.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses. The Construction Official
shall:
(1)
Notify adjacent communities and the New Jersey Department
of Environmental Protection, Bureau of Flood Control and the Land
Use Regulation Program, prior to any alteration or relocation of a
watercourse and submit evidence of such notification to the Federal
Insurance Administration.
[Amended 11-27-2017 by Ord. No. 23-2017]
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so the flood carrying capacity
is not diminished.
E.
Substantial damage review. The Construction Official shall:
[Added 11-27-2017 by Ord.
No. 23-2017[1]]
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
[1]
Editor’s Note: This ordinance also provided for the
redesignation of former Subsection E as Subsection F.
F.
Interpretation of FIRM boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 83-10.
A.
Appeal Board.
(1)
The Planning Board, as established by the Township
of Moorestown, shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The Planning Board shall hear and decide appeals when
it is alleged that there is an error in any requirement, decision
or determination made by the Construction Official in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the Planning Board
or any taxpayer, may appeal such decision to the Superior Court.
(4)
In passing upon such applications, the Planning Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of the chapter and:
(a)
The dangers that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion 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 for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave 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.
(5)
Upon consideration of the factors of § 83-10A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Construction Official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection A(4)(a) through (k) of this section has been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; or cause fraud on or victimization of the public as identified in § 83-10A(4) or conflict with existing local laws or ordinances.
(6)
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
[Amended 11-27-2017 by Ord. No. 23-2017]
A.
General standards. In all areas of special flood hazard compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
(b)
All manufactured homes to be placed or substantially improved
shall be anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(b)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters.
(c)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
(d)
For all new construction and substantial improvement,
electrical, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals and other proposed
new development shall be consistent with the need to minimize flood
damage.
(b)
All subdivision proposals and other proposed
new development shall have public utilities and facilities, such as
sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
(c)
All subdivision proposals and other proposed
new development shall have adequate drainage provided to reduce exposure
to flood damage.
(d)
Base flood elevation data shall be provided
for subdivision proposals and other proposed new development and other
proposed development which contain at least 50 lots or five acres
(whichever is less).
(5)
Enclosure openings. For all new construction and substantial
improvements, fully enclosed areas below the lowest floor that are
usable solely for the parking of vehicles, building access or storage
in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(a)
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.
(b)
The bottom of all openings shall be not higher
than one foot above grade.
(c)
Openings may be equipped with screens, louvers
or other covering or devices, provided that they permit the automatic
entry and exit of floodwaters.
B.
Specific standards.
(1)
Residential construction.
(a)
New construction and substantial improvement of any residential
structure located in an A or AE Zone shall have the lowest floor,
including basement together with the attendant utilities (including
all electrical, heating, ventilating, air-conditioning and other service
equipment) and sanitary facilities, elevated at or above the base
flood elevation plus one foot or as required by ASCE/SEI 24-14, Table
2-1, whichever is more restrictive;
(b)
Require within any AO or AH Zone on the municipality's
DFIRM that all new construction and substantial improvement of any
residential structure shall have the lowest floor, including basement
together with the attendant utilities and sanitary facilities, elevated
above the depth number specified in feet plus one foot, above the
highest adjacent grade (at least three feet if no depth number is
specified); and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
(2)
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including basement together with
the attendant utilities and sanitary facilities as well as all electrical,
heating, ventilating, air-conditioning and other service equipment:
either
(a)
Elevated to or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(b)
Require within any AO or AH Zone on the municipality's
DFIRM to elevate above the depth number specified in feet plus one
foot above the highest adjacent grade (at least three feet if no depth
number is specified); and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
(c)
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
(d)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(e)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 83-9C(2)(b).
(3)
Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with § 83-11A(1)(b).
(b)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[1]
Be consistent with the need to minimize flood damage;
[2]
Be constructed to minimize flood damage;
[3]
Have adequate drainage provided to reduce exposure to flood
damage;
[4]
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
[5]
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist floatation,
collapse, and lateral movement.
Located within areas of special flood hazard established in § 83-6B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction,
substantial improvements and other development, unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
[Amended 11-27-2017 by Ord. No. 23-2017]
C.
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than 0.2 of a foot
at any point.
