[Added 2-5-2020 by Ord. No. 20-03]
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 Mayor and Council
of the Borough of Woodland Park of Passaic County, New Jersey does
ordain as follows:
[Added 2-5-2020 by Ord. No. 20-03]
a. The flood hazard areas of the Borough of Woodland Park 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.
b. These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Added 2-5-2020 by Ord. No. 20-03]
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;
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.
[Added 2-5-2020 by Ord. No. 20-03]
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.
[Added 2-5-2020 by Ord. No. 20-03]
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 Floodplain Administrator(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 Flood Insurance
Rate Map (FIRM) 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
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.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to advisory flood hazard area maps, work maps or
preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data elevation
may be depicted on an advisory flood hazard area map, work map or
preliminary FIS and FIRM.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and (ii) 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.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support a required for a
letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
EROSION
The process of gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
FEMA PUBLICATION
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents.
FLOOD DESIGN CLASS
An American Society of Civil Engineers (ASCE) classification
of buildings and other structures for determination of flood loads
and conditions and determination of minimum elevation requirements
on the basis of risk associated with unacceptable performance
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.
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.
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.
FLOODPROOFING CERTIFICATE
Certification by an engineer or architect to certify a floodproofing
design for a nonresidential building.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district 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.
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 non-elevation design requirements of 44 CFR Section
60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the longest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; and (iv) designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
START OF CONSTRUCTION
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348).] Includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of pilings,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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 condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
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 a 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.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
[Added 2-5-2020 by Ord. No. 20-03]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Woodland Park, Passaic County,
New Jersey.
[Added 2-5-2020 by Ord. No. 20-03]
a. The areas
of special flood hazard for the Borough of Woodland Park, Community
No. 340412, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
1. A scientific
and engineering report "Flood Insurance Study, Passaic County, New
Jersey (All Jurisdictions)" dated April 17, 2020.
2. "Flood
Insurance Rate Map for Passaic County, New Jersey (All Jurisdictions)"
as shown on Index and panels 34031C0212G, 34031C0213G, 34031C0214G,
34031C0218G, 34031C0252G, whose effective date is April 17, 2020.
3. Best
Available Flood Hazard Data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or base flood elevation conflict
or overlap with the best available flood hazard data, whichever imposes
the more stringent requirement shall prevail.
b. The above
documents are hereby adopted and declared to be a part of this chapter.
The Flood Insurance Study, maps and advisory documents are on file
at 5 Brophy Lane, Woodland Park, New Jersey.
[Added 2-5-2020 by Ord. No. 20-03]
No structure or land shall hereafter be constructed, relocated
to, extended, converted, or altered without full compliance with the
terms of this chapter and other applicable regulations. Violation
of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this chapter or fails to comply with any of
its requirements shall upon conviction thereof be fined not more than
$1,000 or imprisoned for not more than 10 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 Borough of
Woodland Park from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Added 2-5-2020 by Ord. No. 20-03]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Added 2-5-2020 by Ord. No. 20-03]
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.
[Added 2-5-2020 by Ord. No. 20-03]
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 area of special flood
hazards or uses permitted within such areas will be free from flooding
or flood damages.
b. This chapter
shall not create liability on the part of the Borough of Woodland
Park, 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.
[Added 2-5-2020 by Ord. No. 20-03]
The Borough of Woodland Park shall establish and maintain a local development permitting system to determine whether such proposed construction or other development is reasonably safe from flooding. A local development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in §
28-3.2. Application for a development permit shall be made on forms furnished by the Floodplain Administrator(s) 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; a description of the flood design class, and the location of the foregoing. Specifically, the following information is required:
a. Elevation in relation to zero-foot elevation NAVD 88 datum, of the
lowest floor (including basement) of all structures;
b. Elevation in relation to zero-foot elevation NAVD 88 datum 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 §
28-5.2b;
d. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development;
e. Any forms,
plans, or information required pursuant to any applicable FEMA publication.
[Added 2-5-2020 by Ord. No. 20-03]
The Floodplain Administrator(s) is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Added 2-5-2020 by Ord. No. 20-03]
Duties of the Floodplain Administrator(s) 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 §
28-5.3a are met.
4. Review
all permit applications to determine whether proposed building sites
are reasonably safe from flooding.
5. Review
all permit applications to determine whether development complies
with all applicable FEMA Publications.
6. Review
all permit applications to determine whether development complies
with all applicable New Jersey Land Use requirements.
b. When base flood elevation and floodway data has not been provided in accordance with §
28-3.2, Basis for Establishing Areas of Special Flood Hazard, the Floodplain Administrator(s) 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 §§
28-5.2a, Specific Standards, Residential Construction, and 28-5.2b, Specific Standards, Nonresidential Construction.
c. Information to Be Obtained and Maintained.
1. Obtain and record on a current elevation certificate the actual elevation
(in relation to zero-foot elevation NAVD 88 datum) 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 on a floodproofing certificate the actual
elevation (in relation to zero-foot elevation NAVD 88 datum);
(b)
Maintain the floodproofing certifications required in §
28-4.1c.
3. Record the study date of the best available flood hazard data (and
other documents) used to determine the actual elevation of the lowest
floor (including basement) of all new or substantially improved structures;
and
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 Engineering 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.
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 nonflood 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 Engineering.
3. Ensure substantial improvements meet the requirements of §§
28-5.2a, Specific Standards, Residential Construction, 28-5.2b, Specific Standards, Nonresidential Construction and 28-5.2c, Specific Standards, Manufactured Homes.
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 §
28-4.4.
g. Report
Changes in Flooding Conditions. Obtain and record changes in flooding
conditions and report the technical or scientific data to the Federal
Insurance Administrator on a six-month basis or sooner in accordance
with 44 CFR 65.3.
[Added 2-5-2020 by Ord. No. 20-03]
a. Appeal Board.
1. The Flood Appeal Board as established by Mayor and Council shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
2. The Flood Appeal Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Floodplain Administrator(s) in the enforcement or administration
of this chapter.
3. Those aggrieved by the decision of the Flood Appeal Board, or any
taxpayer, may appeal such decision to the Woodland Park court, as
provided in statute.
4. In passing upon such applications, the Flood Appeal Board, shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
5. Upon consideration of the factors of §
28-4.4a4 and the purposes of this chapter, the Flood Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
6. The Floodplain Administrator(s) shall maintain the records of all
appeal actions, including technical information, the justification
for their issuance, and report any variances to the Federal Insurance
Administration upon request.
b. Conditions for Variances.
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in §
28-4.4a4(a) through
(k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5. Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public as identified in § 284.4a4, or conflict with
existing local laws or ordinances.
6. Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
[Added 2-5-2020 by Ord. No. 20-03]
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.
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.
[Added 2-5-2020 by Ord. No. 20-03]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in §
28-3.2, Basis for Establishing Areas of Special Flood Hazard, or in §
28-4.3b, Use of Other Base Flood Data, the following standards are required:
a. Residential Construction. New construction and substantial improvement
of any residential structure located in an A, AE, AO or AH zone shall
have the lowest floor, including basement together with the attendant
utilities (including all electrical, heating, ventilating, air- conditioning
and other service equipment) and sanitary facilities, elevated at
or above the more restrictive of the following:
1. For A or AE zones:
(a) Base flood elevation (published FIS/FIRM) plus one foot;
(b) The best available flood hazard data elevation plus one foot;
(c) As required by ASCE/SEI 24-14, Table 2-1; or
(d) As required by N.J.A.C. 7:13-3.
2. For AO or AH zones on the municipality's FIRM to elevate above the
depth number specified in feet plus one foot, above the highest adjacent
grade (at least three feet if no depth number is specified), and require
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
3. Record
the method and elevation used above and, the best available flood
hazard design data elevation, date and revision in the local development
permit.
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, AE,
AO or AH 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 either:
1. Elevated at or above the more restrictive of the following:
(a) For A or AE zones:
(1) Base flood elevation (published FIS/FIRM) plus one foot;
(2) The best available flood hazard data elevation plus one foot;
(3) As required by ASCE/SEI 24-14, Table 2-1; or
(4) As required by N.J.A.C 7:13-3.
(b) For AO or AH zones on the municipality's FIRM to elevate above the
depth number specified in feet plus one foot, above the highest adjacent
grade (at least three feet if no depth number is specified), and require
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures;
(c) Record the method and elevation used above, and the best available
flood hazard design data elevation, date and revision in the local
development permit.
2. Or, be floodproofed so that below the more restrictive of the following:
(a)
For A or AE zones:
(1) Base flood elevation (published FIS/FIRM) plus one foot;
(2) The best available flood hazard data elevation plus one foot;
(3) As required by ASCE/SEI 24-14, Table 6-1;
(4) As required by N.J.A.C 7:13-3;
(5) AO or AH zone elevation based upon the highest adjacent grade, plus
the depth number specified in feet, plus one foot, (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)
The structure is watertight with walls substantially impermeable
to the passage of water;
(c)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
(d) 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 §
28-4.3c2(b).
(e) Record the method and elevation used above, and the best available
flood hazard design data elevation, date and revision in the local
development permit.
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with §
28-5.1a2.
2. All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
(a) Be consistent with the need to minimize flood damage;
(b) Be constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood damage;
(d) Be elevated on a permanent foundation such that the top of the lowest
floor is at or above the more restrictive of the following:
(1) Base flood elevation (published FIS/FIRM) plus one foot;
(2) The best available flood hazard data elevation plus one foot;
(3) As required by ASCE/SEI 24-14, Table 2-1;
(4) As required by N.J.A.C 7:13-3;
(5) AO or AH zone elevation based upon the highest adjacent grade, plus
the depth number specified in feet, plus one foot (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.
(e) Record the method and elevation used above, and the best available
flood hazard design data elevation, date and revision in the local
development permit.
3. All recreational
vehicles located within an area of special flood hazard shall either:
(a) Be on site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use; or
[Added 2-5-2020 by Ord. No. 20-03]
Located within areas of special flood hazard established in §
28-3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
b. If §
28-5.3a is satisfied, all new construction and substantial improvements must comply with §
28-5, Provisions for Flood Hazard Reduction.
c. In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, no new
construction, substantial improvements, fill, or other development
shall be permitted, unless it is demonstrated that 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.