[HISTORY: Adopted by the City Council of
the City of Paterson 9-25-2007 by Ord. No. 07-049. Amendments noted where
applicable.]
The Legislature of the State of New Jersey has
in N.J.S.A. 40:48-1 et seq. delegated the responsibility to local
governmental units to adopt regulations designed to promote public
health, safety, and general welfare of its citizenry. Therefore, the
City Council of the City of Paterson, New Jersey, does ordain as follows.
A.
The flood hazard areas of the City of Paterson 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, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
It is the purpose of this chapter to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly
flood control projects;
C.
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
D.
To minimize prolonged business interruptions;
E.
To 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.
To help maintain a stable tax base by providing for
the second use and development of areas of special flood hazard so
as to minimize future flood blight areas;
G.
To ensure that potential buyers are notified that
property is in an areas of special flood hazard; and
H.
To 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; and
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 meaning 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 3-10-2020 by Ord.
No. 20-014]
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 3-10-2020 by Ord.
No. 20-014]
A request for a review of the Construction Official's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH, or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater
chance of flooding to an average depth of one foot 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.
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, Al -A30, AE, A99,
or AH.
[Amended 3-10-2020 by Ord. No. 20-014]
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 3-10-2020 by Ord. No. 20-014]
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 3-10-2020 by Ord.
No. 20-014]
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to advisory flood hazard area maps, work maps or
preliminary FIS and FIRM.
[Added 3-10-2020 by Ord.
No. 20-014]
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data elevation
may be depicted on an advisory flood hazard area map, work map or
preliminary FIS and FIRM.
[Added 3-10-2020 by Ord.
No. 20-014]
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
Any 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.
A nonbasement building built, in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
elevated above the base flood elevation plus freeboard by means of
piling, columns (posts and piers), or shear walls parallel to the
flow of the water; and adequately anchored so as not to impair the
structural integrity of the building during a flood 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 3-10-2020 by Ord. No. 20-014]
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support a letter of map
amendment (LOMA) or letter of map revision based on fill (LOMR-F).
[Added 3-10-2020 by Ord.
No. 20-014]
The process of gradual wearing away of land masses.
[Added 3-10-2020 by Ord.
No. 20-014]
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 3-10-2020 by Ord.
No. 20-014]
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents.
[Added 3-10-2020 by Ord.
No. 20-014]
An American Society of Civil Engineers (ASCE) classification
of buildings and other structures for determination of flood loads
and conditions and determination of minimum elevation requirements
on the basis of risk associated with unacceptable performance.
[Added 3-10-2020 by Ord.
No. 20-014]
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.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 3-10-2020 by Ord.
No. 20-014]
Certification by an engineer or architect to certify a floodproofing
design for a nonresidential building.
[Added 3-10-2020 by Ord.
No. 20-014]
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 3-10-2020 by Ord.
No. 20-014]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Amended 3-10-2020 by Ord. No. 20-014]
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;
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, useable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 3-10-2020 by Ord. No. 20-014]
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."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
The draft version of the FIRM released for public comment
before finalization and adoption.
[Added 3-10-2020 by Ord.
No. 20-014]
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank and that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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 3-10-2020 by Ord. No. 20-014]
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 that
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 ordinance. 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 3-10-2020 by Ord.
No. 20-014]
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
[Added 3-10-2020 by Ord.
No. 20-014]
[Amended 3-10-2020 by Ord. No. 20-014]
This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the City of Paterson, Passaic
County, New Jersey.
A.
The areas of special flood hazard for the City of
Paterson, Community No. 340404, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report "Flood Insurance
Study, Passaic County, New Jersey (All Jurisdictions)," dated September
28, 2007.
(2)
"Flood Insurance Rate Map for Passaic County, New Jersey (All Jurisdictions)"
as shown on Index and Panel Numbers 34031C0209G, 34031C0212G, 34031C0214G,
34031C0216G, 34031C0217G, 34031C0218G, 34031C0219G, whose effective
date is April 17, 2020.
[Amended 3-10-2020 by Ord. No. 20-014]
(3)
Best available flood hazard data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or base flood elevation conflict
or overlap with the best available flood hazard data, whichever imposes
the more stringent requirement shall prevail.
[Added 3-10-2020 by Ord.
No. 20-014]
B.
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 155 Market St., Paterson, NJ 07505-1408.
[Amended 3-10-2020 by Ord. No. 20-014]
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
$1,250 or imprisoned for not more than 90 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 City of Paterson
from taking such other lawful action as is necessary to prevent or
remedy any violation.
This chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and other ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be:
A.
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the area of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages.
B.
This chapter shall not create liability on the part
of the City of Paterson, 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.
The City of Paterson shall establish and maintain a local development permitting system to determine whether such proposed construction or other development is reasonably safe from flooding. A local development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 219-7. 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, drainage facilities; a description of the flood design class, and the location of the foregoing.
[Amended 3-10-2020 by Ord. No. 20-014]
B.
Specifically, the following information is required:
(1)
Elevation in relation to zero-foot elevation NAVD 88 datum, of the
lowest floor (including basement) of all structures;
[Amended 3-10-2020 by Ord. No. 20-014]
(2)
Elevation in relation to zero-foot elevation NAVD 88 datum to which
any structure has been floodproofed.
[Amended 3-10-2020 by Ord. No. 20-014]
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 219-17B;
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development; and
(5)
Any forms, plans, or information required pursuant to any applicable
FEMA publication.
[Added 3-10-2020 by Ord.
No. 20-014]
The Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Duties of the Construction Official shall include,
but not be limited to:
A.
Permit review.
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of § 219-18A are met.
(4)
Review all permit applications to determine whether proposed building
sites are reasonably safe from flooding:
[Added 3-10-2020 by Ord.
No. 20-014]
(5)
Review all permit applications to determine whether development complies
with all applicable FEMA publications:
[Added 3-10-2020 by Ord.
No. 20-014]
(6)
Review all permit applications to determine whether development complies
with all applicable New Jersey Land Use requirements.
[Added 3-10-2020 by Ord.
No. 20-014]
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 219-7, Basis for establishing 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 § 219-17, Specific standards for flood hazard reduction, Subsection A, Residential construction, and Subsection B, Nonresidential construction.
C.
Information to be obtained and maintained.
(1)
Obtain and record on a current Elevation Certificate the actual elevation
(in relation to zero-foot elevation NAVD 88 datum) of the lowest floor
(including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
[Amended 3-10-2020 by Ord. No. 20-014]
(2)
For all new or substantially improved floodproofed structures:
(a)
Verify and record on a floodproofing certificate the actual
elevation (in relation to zero-foot elevation NAVD 88 datum);
[Amended 3-10-2020 by Ord. No. 20-014]
(b)
Maintain the floodproofing certifications required in § 219-12B(3);
(c)
Record the study date of the best available flood hazard data
(and other documents) used to determine the actual elevation of the
lowest floor (including basement) of all new or substantially improved
structures; and
[Added 3-10-2020 by Ord.
No. 20-014]
(3)
Maintain for public inspection all records pertaining to the provisions
of this ordinance.
D.
Alteration of watercourses.
(1)
Notify adjacent communities and the New Jersey Department
of Environmental Protection, Bureau of Flood Engineering and the Land
Use Regulation Program prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so the flood-carrying capacity
is not diminished.
E.
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 219-15.
F.
Substantial damage review.
[Added 3-10-2020 by Ord.
No. 20-014]
(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 Engineering.
[Amended 3-10-2020 by Ord. No. 20-014]
A.
Appeal board.
(1)
The Zoning Board of Adjustments as established by
the City of Paterson shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2)
The Zoning Board of Adjustments shall hear and decide
appeals when it is alleged 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 Zoning Board
of Adjustments, or any taxpayer, may appeal such decision to the New
Jersey Superior Court.
(4)
In passing upon such applications, the Zoning Board
of Adjustments shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto
other lands to the injury of others;
(b)
The danger to life and property due to flooding
or erosion 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; and
(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 Subsection A(4) and the purposes of this chapter, the Zoning Board of Adjustments 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 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 219-15A(4) have been fully considered. As the lot size increases beyond the 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; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 219-15A(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 3-10-2020 by Ord. No. 20-014]
In all areas of special flood hazards, 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:
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.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system;
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters;
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding;
and
(4)
For all new construction and substantial improvements,
the electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
[Amended 3-10-2020 by Ord. No. 20-014]
D.
Subdivision proposals.
[Amended 3-10-2020 by Ord. No. 20-014]
(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; and
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
E.
Enclosure openings. All new construction and substantial
improvements having fully enclosed areas below the lowest floor that
are usable solely for parking of vehicles, building access or storage
in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria: 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 covering or devices, provided that
they permit the automatic entry and exit of floodwaters.
[Amended 3-10-2020 by Ord. No. 20-014]
[Amended 3-10-2020 by Ord. No. 20-014]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 219-7, Basis for establishing areas of special flood hazard, or in § 219-14B, Use of other base flood data, the following standards are required:
A.
Residential construction. New construction and substantial improvement
of any residential structure located in an A, AE, AO or AH 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 more restrictive of the following:
(2)
For AO or AH zones on the municipality's FIRM, 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.
(3)
Record the method and elevation used above and the best available
flood hazard design data elevation, date and revision in the local
development permit.
B.
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, AE,
AO or AH 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:
(1)
Elevated at or above the more restrictive of the following:
(b)
For AO or AH zones on the municipality's FIRM 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;
(c)
Record the method and elevation used above and the best available
flood hazard design data elevation, date and revision in the local
development permit.
or:
(2)
Be floodproofed so that below the more restrictive of the following:
(a)
For A or AE zones:
[1]
Base flood elevation (published FIS/FIRM) plus one foot;
[2]
The best available flood hazard data elevation plus one foot;
[3]
As required by ASCE/SEI 24-14, Table 6-1; or
[4]
As required by N.J.A.C. 7:13-3;
[5]
AO or AH zone elevation based upon the highest adjacent grade,
plus the depth number specified in feet, plus one foot (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;
(b)
The structure is watertight with walls substantially impermeable
to the passage of water;
(c)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
(d)
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 § 219-14C(2); and
(e)
Record the method and elevation used above and the best available
flood hazard design data elevation, date and revision in the local
development permit.
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with § 219-16A(2).
(2)
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood
damage;
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the more restrictive of the following:
[1]
Base flood elevation (published FIS/FIRM) plus one foot;
[2]
The best available flood hazard data elevation plus one foot;
[3]
As required by ASCE/SEI 24-14, Table 2-1; or
[4]
As required by N.J.A.C 7:13-3;
[5]
AO or AH zone elevation based upon the highest adjacent grade,
plus the depth number specified in feet, plus one foot (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;
(e)
Record the method and elevation used above and the best available
flood hazard design data elevation, date and revision in the local
development permit.
Located within areas of special flood hazard established in § 219-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
C.
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
no new construction, substantial improvements, fill, or other development
shall be permitted, unless it is demonstrated that the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of that base flood more than two-tenths of a foot at any
point.
[Amended 3-10-2020 by Ord. No. 20-014]
