[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 6-17-1987; amended in its entirety 8-22-2018 by Ord. No. 2018-12. Subsequent amendments noted where applicable.]
The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of the Borough of Longport, Atlantic County, New Jersey, does ordain as follows.
The flood hazard areas of the Borough of Longport are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions in floodplains which increase flood heights and velocities and, when inadequately anchored, cause damage 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 to:
Protect human life and health;
Minimize expenditure of public money for costly flood-control projects;
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges, located in areas of special flood hazard;
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;
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
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:
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;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the initial time of construction;
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
Controlling filling, grading, dredging, and other development which may increase flood damage; and
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 meanings they have in common usage and to give this chapter its most reasonable application.
- The Federal Emergency Management Agency, Washington, DC.
- AO ZONE
- Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
- A request for a review of the Zoning Official/floodplain manager's interpretation of any provision of this chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- A designated AO, AH, or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM), with a 1% 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
- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
- BASE FLOOD
- A flood having a 1% 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 1% or greater chance of being equaled or exceeded in any given year. For Zone VE, the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE=SWEL + wave effect) resulting from a flood that has a 1% 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.
- 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.
- See "structure."
- 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 subjected to wave effects, velocity flows, erosion, scour, or a combination of these factors. 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.
- COMMUNITY RATING SYSTEM
- The National Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.
- CRITICAL FACILITY
- A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
- 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 areas 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.
- 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 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.
- A nonhabitable, unfinished or flood-resistant space below the base flood elevation (BFE) usable solely for parking of vehicles, storage and building access to the first floor. Such space shall not be partitioned into multiple room, temperature-controlled, or used for human habitation. The storage permitted in an enclosure shall be limited to that which is incidental and accessory to the principal use of the structure. Storage should be limited to items such as lawn and garden equipment, beach chairs, and bicycles, which either have a low damage potential or that can be easily moved to the elevated portion of the building if there is a threat of flood.
- The process of gradual wearing away of land masses.
- EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community.
- 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 (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:
- Any land area susceptible to being inundated by water from any source.
- FLOODPLAIN MANAGEMENT
- The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, requirements for zoning, subdivision or building, and special purpose floodplain management regulations.
- 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 federal, 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.
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
- A factor of safety, usually expressed in feet above a flood level, for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
- 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 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;
- 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:
- INCREASED COST OF COMPLIANCE (ICC)
- The coverage by a standard flood insurance policy under the NFIP that provides for the payment of a claim for the cost to comply with the State of New Jersey and the Borough of Longport floodplain management laws or ordinances after a direct physical loss by flood, and the Borough of Longport declares the structure to be substantially or repetitively flood damaged. ICC coverage is provided for in every standard NFIP flood policy and will help pay for the cost to floodproof, relocate, elevate, or demolish the structure.
- LIMIT OF MODERATE WAVE ACTION (LIMWA)
- The 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 than, those in the V Zone.
- 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.
- 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."
- MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- MARKET VALUE
- Pertains to the structure in question, not the land, landscaping or detached accessory structures on the property. The market value of a structure reflects its original quality, subsequent improvements, physical age of the building components and before-damaged condition.
- MEAN SEA LEVEL
- For the purpose of the NFIP, the North American Vertical Datum (NAVD), 1988, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced in regards to the average height of the sea for all stages of the tide.
- 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.
- PARTICIPATING COMMUNITY
- Also known as an "eligible community," means a community in which FEMA has authorized the sale of flood insurance.
- 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.
- A. Four or more paid flood losses of more than $1,000 each; or
- B. Two paid flood losses within a ten-year period that, in the aggregate, equal or exceed the current value of the insured property; or
- C. Three or more paid losses that, in the aggregate, equal or exceed the current value of the insured property.
- SAND DUNES
- Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
- A. Any residential property that is covered under an NFIP flood insurance policy and:
- (1) That has at least four NFIP claim payments (building payments and contents) over $5,000 each, and the cumulative amount of such claim payments exceeds $20,000; or
- (2) For which at least two separate payments (building payments only) have been made, with the cumulative amount of the building portion of such claims exceeding the market value of the building.
- 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.
- A walled and roofed building, a manufactured 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 before-damaged condition would 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 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 three-year period, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. "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:
- A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
- B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- 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) and this chapter is presumed to be in violation until such time as that documentation is provided.
Editor's Note: See 16 U.S.C. § 3501 et seq.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Longport, Atlantic County, New Jersey.
The areas of special flood hazard for the Borough of Longport, Community No. 345302, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
A scientific and engineering report, "Flood Insurance Study, Atlantic County, New Jersey (All Jurisdictions)," dated August 28, 2018.
Flood Insurance Rate Map (FIRM) for Atlantic County, New Jersey (All Jurisdictions), as shown on Index and Panels 34001C0434F, 34001C0441F, and 34001C0442F, whose effective date is August 28, 2018.
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 2305 Atlantic Avenue, Building Department, Second Floor, Longport, NJ 08403.
No structure or land shall hereafter be constructed, relocated, 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 $500 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Each and every day any violation continues shall be considered a separate offense, punishable by a like fine and/or jail sentence. Nothing herein contained shall prevent the Borough of Longport 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.
In the interpretation and application of this chapter, all provisions shall be:
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 Borough of Longport, or by 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 development permit shall be submitted, prior to undertaking any development activities, to the floodplain management administrator on forms furnished by him or her and must include, but not be limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area under consideration for development; existing structure(s) and other features; proposed structure(s), earthen fill, storage of materials or equipment, drainage facilities, perimeter setbacks, environmental features such as base floodplain areas, wetlands, and other protected areas; and the location of the foregoing. Specifically, the following information, certified by a professional who is authorized to certify such information in the State of New Jersey, is required:
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. All elevations must be measured in feet relative to the North American Vertical Datum of 1988. All elevations in National Geodetic Vertical Datum (NGVD 1929) must be converted to NAVD 1988 elevations.
Elevation, in relation to mean sea level, to which any structure has been floodproofed.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 99-17B.
Existing and proposed infrastructure.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Building plans for any walls to be used to enclose space below the base flood elevation.
Construction stage. Upon the placement of the top of block, the lowest floor or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor or floodproofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer who is authorized to certify such information in the State of New Jersey and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk.
The floodplain administrator shall review the lowest floor elevation and floodproofing certificate. Should these documents be found not in conformance with the requirements of this chapter, the permit holder shall immediately cease further work and shall correct any deficiencies. Failure of the permit holder to submit the surveyed lowest floor elevation and floodproofing certificate, and failure to correct said deficiencies required hereby, shall be cause to issue a stop-work order for the project.
The governing body of the Borough of Longport hereby appoints the Zoning Official/floodplain administrator to administer and implement the provisions of this chapter, by granting or denying development permit applications in accordance with its provisions, and he/she is hereby referred to as the "floodplain management administrator" or the "floodplain administrator."
Duties of the Zoning Official/floodplain administrator shall include, but not be limited to:
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
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.
Review certified plans and specifications for compliance with the requirements of this chapter.
Review all development permits in the areas of special flood hazard, except in the coastal high-hazard area, to determine if the proposed development adversely affects the flood-carrying capacity of the areas of special flood hazard. For the purpose of this chapter, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface of the base flood more than 0.2 foot at any point.
Review all development permits in the coastal high-hazard area and Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 99-7, Basis for establishing areas of special flood hazard, the Zoning Official/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 § 99-17A, Specific standards, Residential construction, and § 99-17B, Specific standards, Nonresidential construction.
Information to be obtained and maintained.
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.
Maintain for public inspection all records pertaining to the provisions of this chapter.
Alteration of watercourses.
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.
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
Interpretation of FIRM boundaries. 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 this chapter.
Critical facilities. Construction of new critical facilities shall have the lowest floor elevated to the base flood elevation as shown on the DFIRM. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the maximum extent possible.
Substantial damage review.
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.
Record and maintain the flood and nonflood damage of substantially damaged structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control.
The Borough of Longport merged Planning/Zoning Board as established by the Borough of Longport shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Borough of Longport merged Planning/Zoning Board as established by the Borough of Longport shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Official/floodplain manager in the enforcement or administration of this chapter.
Those aggrieved by the decision of the merged Planning/Zoning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in N.J.S.A. 40:55D-17h and 40:55D-18.
In passing upon such applications, the merged Planning/Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program of that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
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.
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.
Upon consideration of the factors of this chapter and the purposes of this chapter, the merged Planning/Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Zoning Official/floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
Conditions for variances.
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 below the base flood level, provided that the items in § 99-15A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification for issuing the variance increases.
Variances may only be issued when there is:
A showing of good and sufficient cause.
A determination that failure to grant the variance would result in exceptional hardship.
A determination that the granting of a variance will not result in increased flood heights or additional threats to public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
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.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this chapter.
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 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:
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
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.
Construction materials and methods.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
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;
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
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.
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
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;
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
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).
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 coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
Enclosure conversion. No enclosure below the flood-protection level shall be converted to habitable living space, and it shall not be utilized for any use other than parking, access to the first floor and storage.
Prior to the issuance of a CO, the developer and or owner of the property will file a nonconversion agreement and/or deed restriction with the Atlantic County Clerk's office to be recorded with the deed.
The developer and/or owner shall grant the staff of the Longport Building Department entry and permission to inspect the enclosed area at any time to ensure compliance with the nonconversion agreement.
The agreement shall run with the land and be enforceable while the approved structure is extant, regardless of ownership. Information regarding the nonconversion agreement shall be disclosed to successive property owners.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 99-7, Basis for establishing areas of special flood hazard, or in § 99-14B, Use of other base flood and floodway data, the following standards are required:
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.
Require within any AO or AH Zone on the municipality's new DFIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with 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 floodwater around and away from proposed structures.
Nonresidential construction. In an area of special flood hazard (SFHA), 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 § 99-18, Coastal high-hazard areas and Coastal A Zones) shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, as well as all electrical, heating, ventilation, air-conditioning and other service equipment, either:
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
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, and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or
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;
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
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 § 99-14C(2).
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
Be consistent with the need to minimize flood damage;
Be constructed to minimize flood damage;
Have adequate drainage provided to reduce exposure to flood damage;
Be elevated on a permanent foundation such that 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
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 are securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movements.
Coastal high-hazard areas (V or VE and Coastal A Zones) are located within an area of special flood hazard established in § 99-7. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
Elevation. All new construction and substantial improvements shall be elevated on piling or columns so that:
The bottom of the lowest horizontal structural member of the lowest floor, excluding the piling or columns, is elevated above the base flood elevation, plus one foot, or as required by ASCE/SEI 24-14, Table 2-1, or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive;
All electrical, heating, ventilation, air-conditioning, mechanical equipment and other equipment servicing the building is elevated one foot above the base flood elevation; and
All new construction and substantial improvements shall be securely anchored on piling or columns.
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 1% chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
Prohibit use of fill used for structural support of buildings within the V and Coastal A Zones on the Community's DFIRM.
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) and (2)(a) and (b).
Space below the lowest floor (enclosure below BFE).
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 latticework or insect screening is used as provided for in this section.
Breakaway walls, open wood latticework 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:
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood;
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 and local building standards;
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; and
Prior to construction, plans for any breakaway wall must be submitted to the Construction Code Official or Building Subcode Official for approval.
Sand dunes. Prohibit man-made alteration of sand dunes within the V, VE and Coastal A Zones on the community's DFIRM 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 chapter, which shall remain in full force and effect, and for this purpose, the provisions of this chapter are hereby declared to be severable.
This chapter shall be effective upon publication after the open public hearing on July 25, 2018, and shall remain in force until modified, amended or rescinded by the Borough of Longport, County of Atlantic, New Jersey.