[HISTORY: Adopted by the North Wildwood City Council 8-1-2017 by Ord. No.
1719.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 252 of
the 1981 Code, Flood Damage Prevention, adopted 11-19-2013 by Ord. No. 1637, as amended.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
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.
A request for a review of the Construction Official's interpretation
of any provision of this chapter or a request for a variance.
A designated AO 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.
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.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
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.
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.
Any reconstruction, rehabilitation, addition or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
over the life of the structure.
[Amended 12-18-2018 by Ord. No. 1767]
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance and Mitigation
Administration has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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.
The process of gradual wearing away of land masses.
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.
The official map on which the Federal Insurance and Mitigation
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The official report in which the Federal Insurance and Mitigation
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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 selected size flood
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
For purposes of the community rating system, a community
with one or more repetitive loss properties.
[Added 12-18-2018 by Ord.
No. 1767]
A property for which two or more National Flood Insurance
Program losses of at least $1,000 each have been paid within any ten-year
rolling period since 1978.
[Added 12-18-2018 by Ord.
No. 1767]
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
As defined in the Flood Insurance Report Act of 2004, those
one-to-four-family properties that have had four or more claims of
more than $5,000 or two to three claims that cumulatively exceed the
building's value. For the purposes of the CRS, nonresidential buildings
that meet the same criteria as for one-to-four-family properties are
considered severe repetitive loss properties.
[Added 12-18-2018 by Ord.
No. 1767]
[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 that 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.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
be equal or exceed 50% 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
cumulatively over the life of the structure, 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.
[Amended 12-18-2018 by Ord. No. 1767]
Any reconstruction, rehabilitation, addition or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
over the life of the structure. "Substantial improvement" also means
cumulative substantial improvement. 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:
[Amended 12-18-2018 by Ord. No. 1767]
Any project for improvement of a structure to correct existing
violation of state or local health, sanitary or safety code specifications,
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this 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 City of North Wildwood, Cape May County,
New Jersey.
A.
The areas of special flood hazard for the City of North Wildwood,
Community No. 345308, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report titled "Flood Insurance Study,
Cape May County, New Jersey (All Jurisdictions)" dated October 5,
2017.
(2)
Flood Insurance Rate Map for Cape May County, New Jersey (All Jurisdictions)
as shown on Index and panels 34009C0239F, 34009C0243F, 34009C0244F,
34009C0302F and 34009C0306F whose effective date is October 5, 2017.
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 in
the Office of the City Clerk and in the office of the Construction
Official at 901 Atlantic Avenue, North Wildwood, New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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. Any person
who violates this chapter or fails to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions), upon conviction thereof, shall be punishable
by a fine not to exceed $2,000, imprisonment for not more than 90
days, or community service for not more than 90 days, or any combination
thereof, for each violation and, in addition, shall pay as restitution
to the City of North Wildwood all costs and expenses incurred by the
City in connection with investigating and prosecuting the violation.
Nothing herein contained shall prevent the City of North Wildwood
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 ordinances, easements, covenants, or
deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
A.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazard 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 City of North Wildwood, any officer or employee
thereof or the Federal Insurance and Mitigation Administration for
any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 § 252-3. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; 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 § 252-18B; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Official hereby is appointed to administer and to implement this chapter by granting or denying development permit applications in accordance with its provisions. Notwithstanding the definition of "administrative officer" that is found in § 276-7 of the Code of the City of North Wildwood, for the purposes of implementation and administration of this chapter, the Construction Official shall be considered the "administrative officer," as that term is defined in N.J.S.A. 40:55D-3.
As to the implementation and administration of this chapter,
the duties of the Construction Official shall include, but not be
limited to:
A.
Permit review:
(1)
Review all applications for development permits to determine that
the permit requirements of this chapter have been satisfied.
(2)
Review all applications for 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 in the coastal high-hazard and Coastal
A Zone areas to determine if the proposed development alters sand
dunes or other natural coastal protections so as to increase potential
flood damage.
(4)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 252-19B(4).
When base flood elevation and floodway data have not been provided in accordance with § 252-3, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § 252-18A, Specific standards, Residential construction, and § 252-18B, Specific standards, Nonresidential construction.
In administering this chapter, the Construction Official shall:
A.
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including the basement) of all new or substantially
improved structures and whether or not the structure contains a basement.
C.
In coastal high-hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 252-19B(1), (2)(a) and (2)(b) are met.
D.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
In administering this chapter, the Construction Official shall:
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 and Mitigation
Administration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
A.
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
B.
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,
Dam Safety and Flood Control Section.
In administering this chapter, the Construction Official shall 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 § 252-15.
A.
The City of North Wildwood Planning Board shall hear and decide appeals
and requests for variances from the requirements of this chapter.
B.
The City of North Wildwood Planning Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the Construction Official in the enforcement
or administration of this chapter.
C.
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court of New Jersey, as provided
in N.J. Court Rule 4:69-1 et seq.
D.
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:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
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,
(11)
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.
E.
Upon consideration of the factors set forth in Subsection D above 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.
F.
The Construction Official shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance and Mitigation Administration upon request.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
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, provided that the items in § 252-15D(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
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.
C.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
D.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
E.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
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, cause fraud on or victimization of the public as identified in § 252-15D, or conflict with existing local laws or ordinances.
F.
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.
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
(2)
All manufactured homes 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.
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 § 252-3, Basis for establishing areas of special flood hazard, or in § 252-10, Use of other base flood and floodway data, the following standards are required:
A.
Residential Construction. For Coastal A Zone construction, see § 252-19, Coastal high-hazard area and Coastal A Zone.
(1)
New construction and substantial improvement of any residential structure
located in an A or AE Zone shall have the lowest floor, including
the 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 two feet or as required by ASCE/SEI 24-14, Table
2-1, whichever is more restrictive;
(2)
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 the basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus two 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.
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 § 252-19, Coastal high-hazard area and Coastal A Zone) shall have the lowest floor, including the 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 to or above the base flood elevation plus two feet or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(2)
Require within any AO or AH Zone on the municipality's DFIRM to elevate
above the depth number specified in feet, plus two 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;
or
(3)
Be floodproofed so that below the base flood level plus two feet
or as required by ASCE/SEI 24-14, Table 6-1, whichever is more, 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 subsection. Such certification shall be provided to the official as set forth in § 252-11B(2).
C.
Manufactured homes. Manufactured homes shall be anchored in accordance with § 252-17A.
(1)
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 two feet
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(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.
Coastal high-hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in § 252-3. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
B.
Construction methods.
(1)
Elevation. All new construction and substantial improvements shall
be elevated on piling or columns so that:
(a)
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 plus two feet or as required by ASCE/SEI
24-14, Table 4-1, whichever is more restrictive;
(b)
All electrical, heating, ventilating, air-conditioning, mechanical
equipment and other equipment servicing the building is elevated two
feet above the base flood elevation; and
(2)
Structural support.
(a)
All new construction and substantial improvements shall be securely
anchored on piling or columns.
(b)
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).
(c)
Prohibit the use of fill for structural support of buildings
within Zones V1-30, VE, V and Coastal A on the City's FIRM.
(3)
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 Subsection B(1) above and Subsection B(2)(a) and (b) above.
(4)
Space below the lowest floor.
(a)
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.
(b)
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:
[1]
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
[2]
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.
(c)
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.
(d)
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Code Official or Building Subcode Official
for approval.
C.
Sand dunes. Prohibit man-made alteration of sand dunes within Coastal
A Zones, VE and V Zones on the community's FIRM which would increase
potential flood damage.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the Ordinance,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
