[HISTORY: Adopted by the Township Committee
of the Township of Hamilton 5-4-87 by Ord. No. 943-87. Amendments
noted where applicable.]
GENERAL REFERENCES
Environmental Protection Commission — See Ch.
25.
Construction codes — See Ch.
144.
Excavations — See Ch.
163.
Land use and development — See Ch.
203.
Redevelopment plans — See Ch.
245.
The Legislature of the State of New Jersey has
in state statutes delegated the responsibility to the local governmental
units to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry. Therefore, the Township
Committee of the Township of Hamilton and State of New Jersey does
ordain as follows.
The flood hazard areas of the Township of Hamilton
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 obstruction 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 expenditures 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 damages to public facilities and utilities,
such as water and gas mains; electric, telephone and sewer lines;
and streets and bridges located in areas of special flood hazard.
F. 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 blight areas.
G. To ensure that potential buyers are notified that
property is in an area of special flood hazard.
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.
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
A. 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.
B. As used in this chapter, the following terms shall
have the meanings indicated:
A ZONE
Areas where the base floodplain is mapped by approximate
methods, i.e., base flood elevations are not determined.
[Added 5-22-2018 by Ord.
No. 1877-2018]
AE ZONE
Areas of the base floodplain where base flood elevations
are provided.
[Added 5-22-2018 by Ord.
No. 1877-2018]
AH ZONE
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
[Added 5-22-2018 by Ord.
No. 1877-2018]
AO ZONE
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 5-22-2018 by Ord.
No. 1877-2018]
APPEAL
A request for a review of the floodplain administrator's
interpretation of any provision of this chapter or a request for a
variance.
[Amended 4-15-2013 by Ord. No. 1741-2013]
AREA OF SHALLOW FLOODING
A designated AO or AH 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 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 5-22-2018 by Ord. No. 1877-2018]
AREA OF SPECIAL FLOOD HAZARD
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 5-22-2018 by Ord. No. 1877-2018]
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year. For Zones VE
and V1-30, the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year. In A Zones, the base flood elevation may be determined
based on using the highest adjacent model-based water surface elevation
cross section found in the FIRM database.
[Added 5-22-2018 by Ord.
No. 1877-2018]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
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
located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
[Added 4-15-2013 by Ord. No. 1741-2013]
ELEVATED BUILDING
A nonbasement building built, in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
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.
EROSION
The process of the gradual wearing away of land masses.
[Added 4-15-2013 by Ord. No. 1741-2013]
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.
[Added 8-20-2018 by Ord.
No. 1883-2018]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
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.
[Added 5-22-2018 by Ord.
No. 1877-2018]
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.
[Added 5-22-2018 by Ord.
No. 1877-2018]
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 5-22-2018 by Ord.
No. 1877-2018]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 4-15-2013 by Ord. No. 1741-2013; amended 5-22-2018 by Ord. No. 1877-2018]
HISTORIC STRUCTURE
Any structure that is:
[Added 4-15-2013 by Ord. No. 1741-2013]
(1)
Listed individually on 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;
(2)
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;
(3)
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
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program as determined by the Secretary
of the Interior; or
(b)
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 60.3.
[Amended 5-22-2018 by Ord. No. 1877-2018]
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
NEW CONSTRUCTION
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.
[Amended 5-22-2018 by Ord. No. 1877-2018]
RECREATIONAL VEHICLE
A vehicle which is:
[Added 4-15-2013 by Ord. No. 1741-2013]
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the longest
horizontal projections;
(3)
Designed to be self-propelled or permanently towable by a light-duty
truck; and
(4)
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), 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 5-22-2018 by Ord. No. 1877-2018]
STRUCTURE
A walled and roofed building, a mobile home or a gas- or
liquid-storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 4-15-2013 by Ord. No. 1741-2013]
SUBSTANTIAL IMPROVEMENT
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 5-22-2018 by Ord. No. 1877-2018]
(1)
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
(2)
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 that
permits construction in a manner that would otherwise be prohibited
by this chapter.
[Added 5-22-2018 by Ord.
No. 1877-2018]
VIOLATION
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required 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 5-22-2018 by Ord.
No. 1877-2018]
This chapter shall apply to all areas of flood
hazard within the jurisdiction of the Township of Hamilton.
[Amended 4-15-2013 by Ord. No. 1741-2013; 5-22-2018 by Ord. No. 1877-2018]
A. The areas of special flood hazard for the Township of Hamilton are
identified and defined on the following documents prepared by the
Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study Atlantic
County, New Jersey (All Jurisdictions)" dated August 28, 2018.
(2) Flood Insurance Rate Maps whose panel numbers are 34001C0104F, 34001C0108F,
34001C0110F, 34001C0115F, 34001C0116F, 34001C0117F, 34001C0118F, 34001C0119F,
34001C0130F, 34001C0140F, 34001C0144F, 34001C0145F, 34001C0251F, 34001C0252F,
34001C0253F, 34001C0254F, 34001C0256F, 34001C0257F, 34001C0258F, 34001C0259F,
34001C0265F, 34001C0266F, 34001C0267F, 34001C0276F, 34001C0277F, 34001C0278F,
34001C0279F, 34001C0285F, 34001C0286F, 34001C0287F, 34001C0289F, 34001C0293F,
34001C0295F, 34001C0305F and 34001C0311F, dated August 28, 2018.
[Amended 8-20-2018 by Ord. No. 1883-2018]
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 with
the Township Clerk, Township Hall, Township of Hamilton, New Jersey.
[Amended 8-20-2018 by Ord. No. 1883-2018]
[Amended 5-22-2018 by Ord. No. 1877-2018]
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 $5,000 or imprisoned for not more than 60 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
Hamilton 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 another 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 considered as minimum requirements,
liberally construed in favor of the governing body and deemed neither
to limit nor repeal any other powers granted under state statutes.
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 that uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Township of Hamilton, 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 §
173-7. Application for a development permit shall be made on forms furnished by the floodplain administrator 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.
[Amended 4-15-2013 by Ord. No. 1741-2013; 8-20-2018 by Ord. No. 1883-2018]
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 for any nonresidential structure meets the floodproofing criteria in §
173-17B.
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
[Amended 4-15-2013 by Ord. No. 1741-2013]
The floodplain administrator is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
[Amended 4-15-2013 by Ord. No. 1741-2013]
Duties of the floodplain administrator shall
include but not be limited to:
A. Permit review. He 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.
(3) Review all developmental permits for compliance with the provisions of §
173-16F, Encroachments.
B. Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with §
173-7, Basis for establishing areas of special flood hazard, the floodplain administrator 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 §
173-17A, Residential construction, and §
173-17B, Nonresidential construction.
C. Information to be obtained and maintained. He 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.
[Amended 8-20-2018 by Ord. No. 1883-2018]
(2) For all new substantially improved floodproofed structures:
(a)
Verify and record the actual elevation, in relation
to mean sea level; and
(b)
Maintain the floodproofing certifications required in §
173-12B(3).
(3) Maintain for public inspection all records pertaining
to the provisions of this chapter.
D. Alteration of watercourses. He 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 8-20-2018 by Ord. No. 1883-2018]
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
E. Substantial damage review.
[Added 5-22-2018 by Ord.
No. 1877-2018]
(1) After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
(2) 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.
[Amended 8-20-2018 by Ord. No. 1883-2018]
(3) Ensure substantial improvements meet the requirements of §
173-17, Specific Standards, Subsection
A, Residential construction, Subsection
B, Nonresidential construction, and Subsection
C, Manufactured homes.
F. Interpretation of FIRM boundaries. He 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 field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §
173-15.
A. Appeal board.
(1) The Planning Board, as established by the Township
of Hamilton, 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
there is an error in any requirement, decision, or determination made
by the floodplain administrator in the enforcement or administration
of this chapter.
[Amended 4-15-2013 by Ord. No. 1741-2013]
(3) Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court, as provided in statute.
[Amended 4-15-2013 by Ord. No. 1741-2013]
(4) In passing upon such applications, the Planning Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
(a)
The danger that materials may be swept 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 §
173-15A(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 Township Clerk 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 the lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that §
173-15A(4)(a) through
(k) has 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.
[Amended 5-22-2018 by Ord. No. 1877-2018]
(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:
[Amended 5-22-2018 by Ord. No. 1877-2018]
(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 or extraordinary public expense, create nuisances or cause fraud on or victimization of the public as identified in §
173-15A(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 4-15-2013 by Ord. No. 1741-2013]
In all areas of special flood hazard, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required.
A. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B. All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include but are not limited to the 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 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.
(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 5-22-2018 by Ord. No. 1877-2018]
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. 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:
[Amended 5-22-2018 by Ord. No. 1877-2018]
(1) 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.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, or other covering
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Amended 4-15-2013 by Ord. No. 1741-2013;5-22-2018 by Ord. No. 1877-2018]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in §
173-7, Basis for establishing areas of special flood hazard, or in §
173-14B, Use of other base flood data, the following standards are required:
A. Residential construction.
(1) 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.
[Amended 8-20-2018 by Ord. No. 1883-2018]
(3) It shall be required, within any AO or AH Zone on the municipality's
FIRM, 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. 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:
(1) 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;
(2) Or:
(a)
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;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in §
173-14C(2)(b).
C. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with §
173-16B.
(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 base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
[Amended 8-20-2018 by Ord. No. 1883-2018]
(e)
Have the manufactured home chassis 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 shall be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
[Amended 4-15-2013 by Ord. No. 1741-2013]
All ordinances or parts of ordinances inconsistent
herewith, including, by description but not limitation, Ordinance
No. 716-78, are hereby repealed to the extent of any such inconsistencies.