[8-28-2019 by Ord. No. 14-2019]
The Legislature of the State of New Jersey has, pursuant to
N.J.S.A. Title 40:48-1, et seq., delegated the responsibility to local
government units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. The flood hazard
areas of the Borough are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards 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.
a. 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:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control
projects;
3. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. 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;
6. To 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 hazard;
7. To insure that potential buyers are notified that property is in
an area of special flood hazard; and
8. To insure that those who occupy the area of special flood hazard
assume responsibility for their actions.
b. In order to accomplish its purposes, this chapter includes methods
and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water erosion hazards, or which result in damaging
increases in erosions or in flood height or velocities;
2. Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3. Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help or accommodate or channel
floodwaters;
4. Controlling filling, grading, dredging, and other development which
may increase flood damage; and
5. Preventing or regulating the construction of flood barriers or obstructions
which will unnaturally divert waters or which may increase flood hazards
in other areas.
[8-28-2019 by Ord. No. 14-2019]
As used in this chapter:
AH ZONE
Areas subject to inundation by 1% 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.
AO ZONE
Areas subject to inundation by 1% annual chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
APPEAL
A request for a review of the Borough Engineer's interpretation
of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a 1% 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a 1% 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.
BASE FLOOD
The flood having a 1% chance of being equalled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is 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.
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.
ELEVATED BUILDING
A non-basement 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 be 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.
EROSION
The process of gradual wearing away of land masses.
EXISTING 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 before the effective date of
the floodplain management regulations adopted by a community.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Maps and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters; and/or
b.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
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.
FLOODPROOFING
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.
FLOODWAY
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.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
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 a 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:
1.
By an approved state program as determined by the Secretary
of the Interior; or
2.
Directly by the Secretary of the Interior in states without
approved programs.
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 to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR Section
60.3.
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 attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
NEW CONSTRUCTION
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.
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 the municipality.
OBSTRUCTION
But is not limited to, any structure, excavation, fill or
other materials placed in, along, across, or projecting into any channel,
water course or floodway which may impede, retard, or change the direction
of the flow of water either in itself or by catching or collecting
debris carried by such water or that is placed where the flow of water
might carry the same downstream to the damage of life or property.
RECREATIONAL VEHICLE
A vehicle which is:
a.
Built on a single chassis;
b.
Four hundred square feet or less when measured at the longest
horizontal projections;
c.
Designed to be self-propelled or permanently towable by a light
duty truck; and
d.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
START OF CONSTRUCTION [For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. No. 97-348)]
Shall include substantial improvements and shall mean 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 or 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 effects the external dimensions of the building.
STRUCTURE
Any assembly of materials above or below the surface of land
or water, including, but not limited to, buildings, manufactured homes,
gas or liquid storage tanks, fences, dams, fills, levees, bulkheads,
dikes, jetties, embankments, causeways, culverts, roads, railroads,
bridges and the facilities of a utility or governmental agency. Trees
or other vegetation shall not be considered to be structures.
SUBSTANTIAL DAMAGE
Before damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which 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:
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 are 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 from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
VIOLATION
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.
[8-28-2019 by Ord. No. 14-2019]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Ramsey.
[8-28-2019 by Ord. No. 14-2019]
The areas of special flood hazard for the Borough of Ramsey,
Community No. 340064 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,
Bergen County, New Jersey (All Jurisdictions)" dated August 28, 2019.
b. Flood Insurance Rate Map (FIRM) for Bergen County, New Jersey (all
jurisdictions) as shown on Map Index Number 34003CIND0B and panels
34003C0058H, 34003C0059H, 34003C0066H, 34003C0067H, 34003C0078J, and
34003C0086J, whose effective date is August 28, 2019. The above documents
are hereby adopted and declared to be part of this chapter. The Flood
Insurance Study and/or maps are on file at: Borough of Ramsey, 33
North Central Avenue, Ramsey, New Jersey 07446.
[8-28-2019 by Ord. No. 14-2019]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. Any person who violates
any of the provisions of this chapter or fails to comply with any
of its requirements shall upon conviction thereof be fined not more
than $500 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. Each violation, and every day upon which a violation
occurs or continues, shall constitute a separate offense. Nothing
herein contained shall prevent the Borough from taking such other
lawful action as is necessary to prevent or remedy any violation.
[8-28-2019 by Ord. No. 14-2019]
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.
[8-28-2019 by Ord. No. 14-2019]
In the interpretation and application of this chapter, all provisions
shall be:
a. Considered a minimum requirement;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under
state statutes.
[8-28-2019 by Ord. No. 14-2019]
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 shall not imply that land outside the area of special
flood hazards 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 Borough of Ramsey, 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.
[8-28-2019 by Ord. No. 14-2019]
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 Section
25-4. Application for a development permit shall be made on forms furnished by the Borough Building Department 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, and the location of the foregoing. Specifically, the following information is required:
a. Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
b. Elevation in relation to mean sea level to which any structure has
been floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section
25-18b; and
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
e. Show the line(s) of the 100-year floodplain.
[8-28-2019 by Ord. No. 14-2019]
The Borough Engineer is hereby appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
[8-28-2019 by Ord. No. 14-2019]
Duties of the Borough Engineer shall include but not be limited
to:
a. Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
b. Review all development permits to determine that all necessary permits
have been obtained from those federal, state and local governmental
agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section
25-20a are met.
[8-28-2019 by Ord. No. 14-2019]
When base flood elevation and floodway data has not been provided in accordance with Section
25-4, Basis for Establishing the Area of Special Flood Hazards, the Borough Engineer 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 Section
25-18a, Specific Standards, Residential Construction and Section
25-18b, Specific Standards, Nonresidential Construction.
[8-28-2019 by Ord. No. 14-2019]
a. 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 such structure contains a
basement.
b. For all new or substantially improved flood proofed structures:
1. Verify and record the actual elevation (in relation to mean sea level);
and
2. Maintain the floodproofing certificates required in Section
25-9c.
3. Maintain for public inspection all records pertaining to the provisions
of this chapter.
[8-28-2019 by Ord. No. 14-2019]
a. 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.
b. Require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood-carrying capacity is
not diminished.
[8-28-2019 by Ord. No. 14-2019]
After an event resulting in building damages, assess the damage
to structures due to flood and non-flood causes.
Record and maintain the flood and non-flood 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.
Ensure substantial improvements meet the requirements of sections
25-18a, Specific Standards, Residential Construction, 25-18b, Specific Standards, Nonresidential Construction and 25-19, Specific Standards, Manufactured Homes.
[8-28-2019 by Ord. No. 14-2019]
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 reasonable opportunity to appeal the interpretation as provided in Section
25-16.
[8-28-2019 by Ord. No. 14-2019]
a. Appeal Board.
1. The Planning Board as established by the Borough 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 Borough Engineer in the enforcement or administration
of this chapter.
3. Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal the decision to the New Jersey Superior Court.
4. In passing upon such applications, the Planning Board shall consider
all technical data and 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 damages 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 with existing and anticipated
development;
(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 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 Section 25-16a4 and the purposes
of this chapter, the Planning Board may attach conditions to the granting
of variances as it deems necessary to further the purposes of this
chapter.
6. The Borough Engineers shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration upon request.
b. Conditions of 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 paragraphs (a) through (k) in paragraph
a4 above 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 Paragraph a4 above, 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.
[8-28-2019 by Ord. No. 14-2019]
a. General standards. 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,
is required:
b. 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 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.
c. 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.
d. Utilities.
1. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwater, 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 the floodwaters;
3. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during the 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.
e. 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;
and
4. Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contains at least 50 lots
or five acres (whichever is less).
f. Enclosure openings. For all new construction and substantial improvements,
that fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
[8-28-2019 by Ord. No. 14-2019]
In all areas of special flood hazard where base flood elevation dates have been provided as set forth in Section
25-4, Basis for Establishing the Areas of Special Flood Hazard, or in Section
25-12, 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 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 more restrictive base flood elevation plus one foot or
as required by ASCE/SEI 24-14, Table 2-1, and 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.
b. Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure located
in an A or AE zone shall either have the lowest floor, including basement
together with 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 base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1, and
2. 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
3. Be floodproofed so that below the more restrictive, base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 6-1, the structure
is watertight with walls substantially impermeable to the passage
of water;
4. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
5. 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 Section
25-13b.
[8-28-2019 by Ord. No. 14-2019]
Manufactured homes shall be anchored in accordance with Section
25-17b2. 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 base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1 and, (optional
- higher standard - freeboard - replace "one foot" with two feet or
three feet).
e. 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.
[8-28-2019 by Ord. No. 14-2019]
Located within areas of special flood hazard established in Section
25-4 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.
b. If Section
25-20a is satisfied, all new construction and substantial improvements must comply with flood hazard reduction provisions of Sections
25-17 and
25-18.
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.
[8-28-2019 by Ord. No. 14-2019]
Any person who shall violate any provision of this chapter shall be liable, upon conviction, to the penalty stated in Chapter
1, Section
1-5.