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.
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
[Amended 6-20-2018 by Ord. No. 25-2018]
G. Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C. Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
D. Controlling filling, grading, dredging, and other development which
may increase flood damage; 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.
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.
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.
APPEAL
A request for a review of the Construction/Zoning Official's
interpretation of any provision of this chapter or a request for a
variance.
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.
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.
BASE FLOOD
A 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.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
COASTAL A ZONE
The portion of the Special Flood Hazard Area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward Limit of
the Moderate Wave Action delineation. Where no V Zone is mapped the
Coastal A Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high-hazard areas.
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 40% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
ELEVATED BUILDING
A non-basement building built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal high-hazard area
or Coastal A Zone, to have the bottom of the lowest horizontal structural
member 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. In
areas of coastal high hazard and Coastal A Zones, "elevated buildings"
also includes a building otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of breakaway
walls.
EROSION
The process of the 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 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.
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 accumulatively 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 flood plain 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 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 or a 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.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the V Zone
and the LiMWA will be similar to, but less severe than those in the
V Zone.
LOWEST FLOOR
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 non-elevation design requirements of 44 CFR 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.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
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.
SAND DUNES
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
START OF CONSTRUCTION
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 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.
START OF CONSTRUCTION[Amended 6-20-2018 by Ord. No. 25-2018]
A.
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.
B.
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.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 40% of the market value of the structure before the
damage occurred. Substantial damage also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 20% of the market
valve of the structure before the damages occurred.
[Amended 6-20-2018 by Ord. No. 25-2018]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 40% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period the cost of which equals or
exceeds 40% of the market value of the structure before the start
of construction of the improvement. "Substantial improvement" also
means "cumulative substantial improvement." CSI is 10 years. This
term includes structures which have incurred substantial damage, regardless
of the actual repair work performed or repetitive loss. 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 a 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.
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.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Egg Harbor, Atlantic County,
New Jersey.
[Amended 6-20-2018 by Ord. No. 25-2018]
A. The areas of special flood hazard for the Township of Egg Harbor,
Community No. 340007, 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 Map for Atlantic County, New Jersey (All Jurisdictions)"
as shown on Index and panels 34001C0288F, 34001C0289F, 34001C0293F,
34001C0294F, 34001C0295F, 34001C0305F, 34001C0308F, 34001C0309F, 34001C0311F,
34001C0312F, 34001C0313F, 34001C0314F, 34001C0316F, 34001C0317F, 34001C0318F,
34001C0319F, 34001C0338F, 34001C0401F, 34001C0402F, 34001C0404F, 34001C0406F,
34001C0407F, 34001C0408F, 34001C0409F, 34001C0417F, 34001C0426F, 34001C0427F,
34001C0428F, 34001C0429F, 34001C0431F, 34001C0432F, 34001C0433F, 34001C0434F,
34001C0436F, 34001C0437F, 34001C0441F, 34001C0442F, 34001C0451F, whose
effective date is August 28, 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 at
3515 Bargaintown Road, Egg Harbor Township, NJ 08234.
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, firm or corporation who or which shall violate this chapter
or who or which fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $5,000 per violation
and if not corrected up to $20,000 per week or be 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 Township of Egg Harbor 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 chapters, 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. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under
State statutes.
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 §
113-7. Application for a development permit shall be made on forms furnished by the Construction/Zoning 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; 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 §
113-17B, Nonresidential construction; and
D. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction/Zoning 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/Zoning 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. If located in the floodway, assure that the encroachment provisions of §
113-17D(1) are met.
(4) Review all development permits in the coastal high hazard and Coastal
A Zone area to determine if the proposed development alters sand dunes
or other natural coastal protections so as to increase potential flood
damage.
[Amended 6-20-2018 by Ord. No. 25-2018]
(5) Review plans for walls to be used to enclose space below the base
flood level in accordance with A Zone; 2; (d).
B. Use of other base flood and floodway data when base flood elevation and floodway data has not been provided in accordance with §
113-7, Basis for establishing areas of special flood hazard, the Construction/Zoning 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 §
113-17A, Residential construction, and B, Nonresidential construction.
C. Information to be obtained and maintained.
(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.
(2) For all new or 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 §
113-12C.
(3) In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of §
113-17E(2)(a) and
(b)[1] and
[2] are met.
(4) Maintain for public inspection all records pertaining to the provisions
of this chapter.
D. Alteration of watercourses.
(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 6-20-2018 by Ord. No. 25-2018]
(2) Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
E. Substantial damage review.
(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 nonflood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection
Bureau of Flood Control.
[Amended 6-20-2018 by Ord. No. 25-2018]
(3) Ensure substantial improvements meet the requirements of §
113-17, Specific standards for flood hazard reduction; Subsection
A, Residential contraction; Subsection
B, Nonresidential construction; and Subsection
C, Manufactured homes.
[Amended 6-20-2018 by Ord. No. 25-2018]
F. 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 §
113-15, Variance procedure.
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:
A. Anchoring.
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
[Amended 6-20-2018 by Ord. No. 25-2018]
(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.
B. Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
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.
D. Subdivision proposals.
(1) All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
(2) All subdivision proposals and other proposed new development shall
have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
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.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in §
113-7, Basis for establishing areas of special flood hazard, or in §
113-14B, Use of other base flood and floodway data, the following standards are required:
A. Residential construction.
(1) For Coastal A Zone construction see Subsection
E, Coastal high-hazard area and Coastal A Zone.
(2) 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
or as required by ASCE-SEI 24-14, Table 2-1, whichever is more restrictive,
plus three feet;
[Amended 6-20-2018 by Ord. No. 25-2018]
(3) Require 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 three feet, 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.
[Amended 6-20-2018 by Ord. No. 25-2018]
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 (for Coastal A Zone, construction see §
113-17E. Coastal High Hazard Area and Coastal A 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:
[Amended 6-20-2018 by Ord. No. 25-2018]
(1) Either:
(a)
Elevated to or above the base flood elevation or as required
by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive plus three
feet; and
(b)
Require within any AO or AH zone on the municipality's
DFIRM to elevate above the depth number specified in feet plus three
feet, 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 or as required
by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, plus
three feet. 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 §
113-14C(2)(b).
C. Manufactured homes.
[Amended 6-20-2018 by Ord. No. 25-2018]
(1) Manufactured homes shall be anchored in accordance with §
113-16A(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; and
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation or as required
by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive, plus
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 flotation, collapse,
and lateral movement.
D. Floodways. Located within areas of special flood hazard established in §
113-7 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:
(1) 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.
(2) If §
113-17D(1) is satisfied, all new construction and substantial improvements must comply with sections §
113-16, General standards for flood hazard reduction and §
113-17, Specific standards for flood hazard reduction.
(3) In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
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 foot at any point.
E. Coastal high-hazard area and Coastal A Zone. Coastal high-hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in §
113-7. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
(1) Location of structures.
(a)
All buildings or structures shall be located landward of the
reach of the mean high tide.
(b)
The placement of manufactured homes shall be prohibited, except
in an existing manufactured home park or subdivision.
(2) Construction methods.
(a)
Elevation. All new construction and substantial improvements
shall be elevated on piling or columns so that:
[Amended 6-20-2018 by Ord. No. 25-2018]
[1]
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the base flood elevation or as required by ASCE/SEI 24-14, Table 4-1,
whichever is more restrictive, plus four feet;
[2]
All electrical, heating, ventilating, air-conditioning, mechanical
equipment and other equipment servicing the building is elevated four
feet above the base flood elevation; and
[3]
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in §
113-17E(2)(d).
(b)
Structural support.
[1]
All new construction and substantial improvements shall be securely
anchored on piling or columns.
[2]
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values each of which
shall have a one-percent chance of being equaled or exceeded in any
given year (one-hundred-year mean recurrence interval).
[3]
Prohibit the use of fill for structural support of buildings
within Zones V1-30, VE, V, and Coastal A on the community's FIRM.
(c)
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of §
113-17E(2)(a) and
(b)[1] and
[2].
(d)
Space below the lowest floor.
[1]
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this section.
[2]
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the base flood elevation provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading of 20 pounds per square foot
(either by design or when so required by local or state codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions.
[a] Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
[b] The elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement or
other structural damage due to the effects of wind and water load
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards.
[3]
If breakaway walls are utilized, such enclosed space shall be
used solely for parking of vehicles, building access, or storage and
not for human habitation.
[4]
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Code Official or Building Subcode Official
for approval.
(3) Sand dunes. Prohibit man-made alteration of sand dunes within Coastal
A Zones, VE and V Zones on the community's DFIRM which would
increase potential flood damage.