[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 10-9-1984 by Ord. No. 84-30. 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 the public
health, safety and general welfare of its citizenry. Therefore, the
governing body of the Borough of Paramus in the County of Bergen,
State of New Jersey, does ordain the following.
A.
The flood hazard areas of the Borough of Paramus 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, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed 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 and 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.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards or
which result in damaging increases in erosion or in flood heights
or velocities.
B.
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Controlling the alteration of natural floodplains,
stream channels and natural protective barriers, which help accommodate
or channel floodwaters.
D.
Controlling filling, grading, dredging and other development
which may increase flood damage.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meanings they have in common usage and to give this chapter its
most reasonable application.
Areas subject to inundation by 1% annual chance shallow flooding
(usually areas of ponding), where average depths are between one and
three feet. Base flood elevations (BFEs) derived from detailed hydraulic
analyses are shown in this zone.
[Added 8-21-2019 by Ord.
No. 19-22]
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.
[Added 8-21-2019 by Ord.
No. 19-22]
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 the Flood Insurance Rate Map
(FIRM), 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, the path of flooding is unpredictable and indeterminate, and
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
[Amended 8-21-2019 by Ord. No. 19-22]
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.
[Amended 8-21-2019 by Ord. No. 19-22]
A flood having a 1% chance of being equaled or exceeded in
any given year.
[Amended 8-21-2019 by Ord. No. 19-22]
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.
[Added 8-21-2019 by Ord.
No. 19-22]
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 3-24-1987 by Ord. No. 87-7]
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.
[Added 3-24-1987 by Ord. No. 87-7]
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.[1]
[Amended 8-29-1995 by Ord. No. 95-27]
A nonbasement building:
Built, in the case of a building in an area of special flood
hazard, to have the top of the elevated floor elevated above the base
flood elevation plus freeboard by means of piling, columns (posts
and piers) or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of 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.
[Added 3-24-1987 by Ord.
No. 87-7; amended 8-21-2019 by Ord. No. 19-22]
The process of gradual wearing away of land masses.
[Added 8-21-2019 by Ord.
No. 19-22]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 8-21-2019 by Ord.
No. 19-22]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
[Amended 8-21-2019 by Ord. No. 19-22]
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.
[Amended 8-29-1995 by Ord. No. 95-27; 8-21-2019 by Ord. No. 19-22]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 8-21-2019 by Ord.
No. 19-22]
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.
[Added 8-21-2019 by Ord.
No. 19-22]
The highest natural elevation of the ground surface, prior
to construction, next to the proposed or existing walls of a structure.
[Added 8-21-2019 by Ord.
No. 19-22]
Any structure that is:
[Added 8-29-1995 by Ord.
No. 95-27; amended 8-21-2019 by Ord. No. 19-22]
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.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 3-24-1987 by Ord. No. 87-7; 8-21-2019 by Ord. No. 19-22]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
[Amended 3-24-1987 by Ord. No. 87-7]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 3-24-1987 by Ord. No. 87-7]
Structures for which the start of construction commenced
on or after the effective date of this chapter, and includes any subsequent
improvement to such structures.[2]
[Amended 8-21-2019 by Ord. No. 19-22]
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.
[Added 8-21-2019 by Ord.
No. 19-22]
A vehicle which is:
[Added 8-21-2019 by Ord.
No. 19-22]
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.
[Amended 3-24-1987 by Ord. No. 87-7; 8-29-1995 by Ord. No. 95-27; 8-21-2019 by Ord. No. 19-22]
The "start of construction" 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 effects 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-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Amended 8-29-1995 by Ord. No. 95-27]
Any repair, reconstruction or other improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure before the "start date of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 8-29-1995 by Ord. No. 95-27; 8-21-2019 by Ord. No. 19-22]
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions.
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 which
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.
[Amended 8-21-2019 by Ord. No. 19-22]
[1]
Editor's Note: The definitions of "existing
mobile home park or mobile home subdivision" and "expansion to an
existing mobile home park or mobile subdivision," which immediately
followed this definition, were deleted 3-24-1987 by Ord. No. 87-7.
[2]
Editor's Note: The definition of "new mobile home park
or mobile home subdivision," which immediately followed this definition,
was deleted 3-24-1987 by Ord. No. 87-7.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Borough of Paramus.
[Amended 5-24-1988 by Ord. No. 88-12; 8-29-1995 by Ord. No. 95-27; 7-26-2005 by Ord. No. 05-30; 8-21-2019 by Ord. No. 19-22]
The areas of special flood hazard for the Borough
of Paramus, Community No. 340062, are identified and defined by the
Federal Insurance Administration in a scientific and engineering report
entitled the "Flood Insurance Study of Bergen County, New Jersey (All
Jurisdictions)," dated August 28, 2019, and Flood Insurance Rate Map
for Bergen County, New Jersey (All Jurisdictions), as shown on Index
and Panels 176, 177, 178, 179, 181, 183, 186, 187 and 191 (revision
H) of 332, dated August 28, 2019. The above documents are hereby adopted
by reference and declared to be a part of this chapter. The Flood
Insurance Study is on file in the Borough of Paramus Municipal Building,
West Jockish Square, Paramus, New Jersey.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2; 8-21-2019 by Ord. No. 19-22]
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, be subject to the penalties provided by §1-15 of this Code, and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Paramus 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 consideration. 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 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 Paramus, any officer or employee
thereof or the Federal Insurance Administration for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
A.
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 253-7. 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.
[Amended 8-21-2019 by Ord. No. 19-22]
B.
Specifically, the following information is required:
(1)
The elevation in relation to mean sea level of the
lowest floor (including basement) of all structures.
(2)
The elevation in relation to mean sea level to which
any structure has been floodproofed.
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 253-18B.
(4)
A description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
The Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Duties of the Construction Official shall include
but not be limited to:
A.
Permit review. The Construction Official shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained for those federal, state and
local governmental agencies from which prior approval is required.
B.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 253-7, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 253-18, Specific standards for flood hazard reduction.
[Amended 3-24-1987 by Ord. No. 87-7; 11-24-1992 by Ord. No. 92-23]
C.
Information to be obtained and maintained. The Construction
Official shall:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest flood (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:
[Amended 8-21-2019 by Ord. No. 19-22]
(a)
Verify and record the actual elevation (in relation
to mean sea level); and
(b)
Maintain the floodproofing certifications required in § 253-12B(3).
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses. The Construction Official
shall:
[Amended 8-21-2019 by Ord. No. 19-22]
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, and the Land Use Regulation Program
prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Substantial damage review. The Construction Official shall:
[Added 8-21-2019 by Ord.
No. 19-22]
(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 Control.
F.
Interpretation of FIRM boundaries. The Construction Official shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 253-15 and 253-16.
A.
The Planning Board or Zoning Board of Adjustment,
as established by the Borough of Paramus, shall hear and decide appeals
and requests for variances from the requirements of this chapter.
B.
The Planning Board or Zoning Board of Adjustment 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 Zoning Board of Adjustment, or any taxpayer, may appeal such decision
to the Superior Court of the State of New Jersey.
[Amended 11-24-1992 by Ord. No. 92-23; 8-21-2019 by Ord. No. 19-22]
D.
In passing upon such applications, the Planning Board
and Zoning Board of Appeals shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this
chapter and:
[Amended 11-24-1992 by Ord. No. 92-23]
(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.
(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 of Subsection D and the purposes of this chapter, the Planning Board or Zoning Board of Adjustment 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 Administration upon request.
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 § 253-15D(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.
[Amended 8-29-1995 by Ord. No. 95-27]
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 a 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 or create nuisances or cause fraud on or victimization of the public as identified in § 253-15D 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.
[Amended 9-10-1985 by Ord. No. 85-21; 3-24-1987 by Ord. No. 87-7; 8-29-1995 by Ord. No. 95-27; 8-21-2019 by Ord. No. 19-22]
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, and the Planning Board or Zoning Board of Adjustment
shall also determine, with the advice and assistance of the Borough
Engineer, Construction Official and other competent authority, that:
A.
Proposed construction, repairs or alterations shall
use construction materials and utility equipment that are resistant
to flood damage. Proposed construction, repairs or alterations shall
be designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure.
B.
Construction methods and practices are used that will
resist rupture or collapse from water pressure and minimize flood
damage.
C.
Proposed utilities and facilities such as water, sewer
and electrical systems are located, elevated and constructed to minimize
or eliminate flood damage. These shall include watertight manholes
with vents, raised vents, flap valves, etc. Such facilities shall
be constructed with overflow elevation two feet above flood level.
In addition, on-site waste disposal systems shall be located to avoid
impairment to them or contamination for them during flooding.
D.
Drainage is provided to reduce exposure to flood hazards.
E.
New or replacement water systems and sanitary systems
are designed and located to prevent infiltration, leakage, impairment
or contamination during flooding.
F.
Installation of watertight doors.
G.
Use of paints, membranes or mortars to reduce seepage
of water through walls.
H.
Backfill should be of soils with natural low permeability.
I.
Eight inches of compacted granular fill beneath ground
floor; said fill materials shall act as a french drain.
J.
No buried fuel oil tanks shall be permitted unless
properly anchored and vented, with the vent two feet above the flood
level.
K.
All new construction and substantial improvements
to mechanical devices and equipment subject to water damage, including
furnaces and electrical distribution centers, shall be located at
least two feet above flood level.
L.
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.
M.
Construction materials and methods.
N.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4)
For all new construction and substantial improvements,
the electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
O.
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.
(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).
P.
Enclosure openings. For all new construction and substantial
improvements, 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 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:
(1)
A minimum of two openings in at least two exterior
walls of each enclosed area, having a total net area of not less than
one square inch for every square foot of enclosed areas subject to
flooding shall be provided.
(2)
The bottom of all openings shall be no higher than
one foot above grade. The bottom of all openings may be equipped with
screens, louvers or other coverings or devices, provided that they
permit the automatic entry and exit of floodwaters.
[Amended 9-10-1985 by Ord. No. 85-21; 3-24-1987 by Ord. No. 87-7; 8-21-2019 by Ord. No. 19-22]
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 253-7, Basis for establishing areas of special flood hazard, or in § 253-14B, Use of other base flood data, the following standards are required:
A.
Residential construction.
(1)
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, together with attendant
utilities (including all electrical, heating, ventilating, air-conditioning
and other service equipment) and sanitary facilities, elevated at
or above the more-restrictive base flood elevation plus one foot or
as required by ASCE/SEI 24-14, Table 2-1. Any new construction and
substantial improvement of a residential structure in any AO or AH
Zone on the municipality's FIRM shall have the lowest floor,
including basement, together with the attendant utilities and sanitary
facilities, elevated above the depth number specified in feet plus
one foot above the highest adjacent grade (at least three feet if
no depth number is specified), and require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
(2)
Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with § 253-17L(2).
(b)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[1]
Be consistent with the need to minimize flood damage;
[2]
Be constructed to minimize flood damage;
[3]
Have adequate drainage provided to reduce exposure to flood
damage;
[4]
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the more-restrictive base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1; and
[5]
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 shall be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
B.
Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
have the lowest floor, including basement, together with the attendant
utilities and sanitary facilities, as well as all electrical, heating,
ventilating, air-conditioning and other service equipment:
(1)
Either:
(a)
Elevated at or above the more-restrictive base flood elevation
plus one foot or as required by ASCE/SE1 24-14, Table 2-1; and
(b)
Require within any AO or AH Zone 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;
(2)
Or:
(a)
Be floodproofed so that, below the more-restrictive base flood
elevation plus one foot or as required by ASCE/SEI 24-14, Table 6.1,
the structure is watertight with walls substantially impermeable to
the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in § 253-17M(5)[1].
[1]
Editor's Note: Former § 253-17M(5) was repealed
8-29-1995 by Ord. No. 95-27.
[Amended 9-10-1985 by Ord. No. 85-21]
Located within areas of special flood hazard established in § 253-7 are areas designed 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.
Encroachments, including fill, new construction, substantial
improvements and other development, shall be prohibited unless a technical
evaluation demonstrates that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
B.
If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 253-17, General standards for flood hazard reduction, and § 253-18, Specific standards for flood hazard reduction.
[Amended 8-21-2019 by Ord. No. 19-22]
C.
[1]In all areas of special flood hazard in which base flood
elevation data has been provided and no floodway has been designated,
the cumulative 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 of a foot
at any point.
[1]
Editor's Note: Former Subsection C, which
prohibited the placement of manufactured homes in a floodway, was
repealed 8-29-1995 by Ord. No. 95-27. This ordinance also relettered
former Subsection D as C.
