[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 1403.
[Ord. No. 02-2525 § 1]
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 heath, safety, and
general welfare of its citizenry.
[Ord. No. 02-2525 § 1]
a.
The flood hazard areas of the City of Summit 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, cause damage in other
areas. Uses that are inadequately flood proofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Ord. No. 02-2525 § 1]
It is the purpose of Chapter 27 to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions by enacting provisions designed:
a.
To protect human life and public health.
b.
To minimize expenditure of public money for costly flood control
projects;
c.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
d.
To minimize prolonged business interruptions.
e.
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, storm and sanitary sewers, streets
and bridges located in areas of special flood hazard.
f.
To 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.
To insure that potential buyers are notified that property may be
in an area of special flood hazard.
h.
To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 02-2525 § 1]
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 that
serve such uses, be protected against flood damage at the time of
initial construction;
c.
Controlling the alteration of natural flood plains, stream channels
and natural protective barriers, which accommodate or channel flood
waters;
d.
Controlling, filling, grading, dredging and other development which
may increase flood damage; and
e.
Preventing or regulating the construction of flood barriers that
will unnaturally divert flood waters, or that may increase flood hazards
to other areas.
[Ord. No. 92-2525 § 1]
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.
- APPEAL
- Shall mean a request for a review of the Department of Community Services interpretation of any provision of this chapter or a request for a variance from this chapter.
- AREA OF SHALLOW FLOODING
- Shall mean a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one (1%) percent or greater chance of flooding to an average depth of one (1') to three (3') feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flow is characterized by ponding or sheet flow.
- AREA OF SPECIAL FLOOD HAZARD
- Shall mean the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
- BASE FLOOD
- Shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.
- BASEMENT
- Shall mean any area of the building having its floor subgrade (below ground level) on all sides.
- BREAKAWAY WALLS
- Shall mean 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.
- DEPARTMENT
- Shall mean the Department of Community Services.
- DEVELOPMENT
- Shall mean:
- a. The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, parking facilities, or any excavation or land-filling and any use or change in the use of any building or other structure or extension of use of land; or
- b. Any man-made change to improved or unimproved real estate including, but not limited to, buildings, or other structures, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of Special Flood Hazard.
- ELEVATED BUILDING
- Shall mean a non-basement building:
- a. 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 ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and
- b. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to 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.
- FLOOD or FLOODING
- Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOOD INSURANCE RATE MAP (FIRM)
- Shall mean the official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
- FLOOD INSURANCE STUDY (FIS)
- Shall mean the official report provided in which the Federal Emergency Management Agency has provided flood profiles as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
- FLOOD PLAIN MANAGEMENT REGULATIONS
- Shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain 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.
- FLOOD PROOFING
- Shall mean any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
- FLOODWAY
- Shall mean areas that must be reserved and free of encroachment in order that the 100-year flood be carried without cumulatively increasing the water surface elevation more than two-tenths (0.2) feet.
- HIGHEST ADJACENT GRADE
- Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Shall mean any structure that is:
- a. Listed individually in the National Register of Historic Places 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 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.
- d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (a) by an approved State program as determined by the Secretary of the Interior; or (b) directly by the Secretary of the Interior in states without approved program.
- LOWEST FLOOR
- Shall mean the lowest floor or 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 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.
- MANUFACTURED HOME
- Shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreation vehicle.
- MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
- Shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.
- NEW CONSTRUCTION
- Shall mean structures for which the "start of construction" commenced on or after the effective date of this chapter and includes any subsequent improvements to such structures.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- Shall mean 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 flood plain management regulations adopted by the City.
- RECREATION VEHICLE
- Shall mean a vehicle which is built on a single chassis, four hundred (400) 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.
- START OF CONSTRUCTION
- For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.O. 97-348), shall include substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit. The actual start means either the first placement of permanent construction or a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation; such as clearing, grading, and filling nor does it include the installation of streets and/or walkway; 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 the building, whether or not that alteration affects the external dimensions of the building.
- STRUCTURE
- Shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
- SUBSTANTIAL DAMAGE
- Shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Shall mean any repair, reconstruction, addition or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that 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 safety 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/WAIVER
- Shall mean a grant or relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
- WATER SURFACE ELEVATION
- Shall mean the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in flood plains.
[Ord. No. 02-2525 § 1; Ord. No. 06-2728 § 1]
a.
Lands to Which This Chapter Applies. This Chapter 27 shall apply to all areas of Special Flood Hazards within the jurisdiction of the City of Summit, County of Union, State of New Jersey.
b.
Permitted Uses in Flood Plain Areas. The uses permitted within any
flood plain area are those uses permitted and regulated by this Chapter
of the Ordinance for the Zone District in which the area may be located,
as said Zone Districts are set forth and delineated on the City of
Summit Zoning Map, provided, however, that no development shall be
permitted in those areas lying within the Flood Plain Zone as shown
and delineated on the Flood Hazard Rate Maps for the City except upon
a Special Use Permit granted by the Department of Community Services
under such safeguards or restrictions as the DCS may reasonably impose
for the promotion and maintenance of the general welfare and health
and commerce of the inhabitants of the City and in accordance with
the following restrictions:
1.
New construction or substantial improvement of residential structures
where the area of special hazards shall have the lowest floor elevated
to above the level of the 100-year flood.
2.
Permitted structures shall be constructed and placed on the building
site so as to minimize obstruction to the flow of flooding waters.
3.
Permitted structures shall be anchored to prevent flotation, collapse
or lateral movement which may result in damage or restriction of the
flow of flood waters.
4.
Electrical control panels in permitted structures shall be mounted
at least one (1) foot above the level of the 100-year flood.
5.
Permitted structures shall not encroach upon the present banks of
waterways without providing improvements that will compensate for
any lows in carrying capacity of the stream.
c.
Basis for Establishing the Areas of Special Flood Hazard. The areas
of special flood hazard for the City of Summit, Community No. 340476,
are identified and defined on the following documents prepared by
the Federal Emergency Management Agency:
1.
A scientific and engineering report "Flood Insurance Study, Union
County, New Jersey (All Jurisdictions)" dated September 20, 2006.
2.
Flood Insurance Rate Map for Union County, New Jersey (All Jurisdictions)
as shown on Index and panel numbers 0001, 0002, 0003, 0008, 0009,
0010, 0018; whose effective date is September 20, 2006.
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 512 Springfield Avenue, Summit, New Jersey 07901.
d.
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, converted, extended or altered without full compliance with the terms of this chapter and 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 violation of this chapter. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the violations and penalties provided in Section 1-5 of the revised General Ordinances, City of Summit. Nothing herein contained shall prevent the City of Summit from taking such other lawful action as is necessary to prevent or remedy any violation.
e.
Abrogation and Greater Restrictions. This chapter is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions; however, where this chapter or other ordinances,
easements, covenants or deed restrictions conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
g.
Warning and Disclaimer of Liability. 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 hazards or uses permitted
within such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of the City of Summit
or by any officer and 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.
[Ord. No. 02-2525 § 1]
a.
Designation of the Department of Community Services. The Department
is hereby appointed to administer and implement this chapter by granting
or denying the Special Use Permit Application in accordance with its
provisions.
b.
Establishment of Special Use Permit. A special use permit shall be
required in conformance with the provisions of this chapter. Application
for a special use permit shall be made on forms furnished, which may
include, but is not limited to the following: plans in quadruplicate
drawn to scale showing the nature, location, dimensions, topography
and elevations of the area in question, existing or proposed structures,
fill, storage of materials, drainage facilities, sanitary sewers as
well as the following specific information:
1.
Elevation, in relation to mean sea level, of the lowest floor (including
basement) of all structures.
2.
Elevation in relation to mean sea level to which any nonresidential
structure has been flood-proofed.
3.
Certification by a licensed professional engineer or architect that
any non-residential flood-proofed structure meets the flood-proofed
criteria.
4.
Description of the extent to which any watercourse will be altered
or relocated as a result.
5.
Description to the extent to which any stream encroachment is required
and copy of the stream encroachment permit from State of New Jersey
Department of Environmental Protection.
[Ord. No. 02-2525 § 1; Ord. No. 06-2725 § 1]
a.
All applicants for building permits shall make application to the
construction official for its issuance. If the proposed structure
is located within the flood plain area as delineated on the map referred
to herein, the construction official shall not issue the permit but
shall refer the applicant to the Department for site review and issuance
of a special use permit.
b.
Permit Review. Department before granting any special use permit
for construction or repairs in the flood plain area, shall:
1.
Review building permit applications for substantial improvements
within the flood plain area having special flood hazards to determine
if the proposed substantial improvement:
2.
Take into account flood plain management programs if any already
are in effect in neighboring areas.
3.
Require new construction or substantial improvements of nonresidential
structures to have the lowest floor elevated to or above the level
of the 100-year flood or, together with attendant utility and sanitary
facilities, to be flood-proofed up to the level of the 100-year flood;
and
4.
Require new or replacement water supply systems and/or sanitary sewage
systems to be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood
waters, and require on-site waste disposal systems to be located so
as to avoid impairment of them or contamination from them beyond applicable
environmental control limits during flooding.
5.
Review subdivision proposals and other proposed new development within
the flood plain area having special flood hazards to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage;
(b)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located, elevated and constructed to minimize
or eliminate flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
6.
Review proposed development to assure that all necessary permits
have been received from those governmental agencies from which approval
is required by Federal or State Law, including Section 404 of the
Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. 1334.
c.
The Department shall act upon any site plan submitted under paragraph
b above, within ninety (90) days of the date of filing thereof, or
such other extension of time as the applicant may agree to. Failure
of the Department to act within said time limit shall be deemed to
be denial of any site plan submitted.
d.
Upon approval or denial of any site plan required by this section,
the Department shall forthwith notify the Construction Official thereof
who shall either issue the building permit if the same is approved;
or if rejected, mark the application "Rejected." No Certificate of
Occupancy shall be issued by the Construction Official unless and
until proof has been submitted to him that all conditions of site
plan approval have been fully met and complied with.
e.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection 27-1.6c, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsections 27-1.10bl, Specific Standards, Residential Construction, and 27-1.10b2, Specific Standards, Nonresidential Construction.
f.
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 floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
3.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
g.
Alteration of Watercourses. The City Engineer shall:
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Land Use Regulation Program and Dam Safety and Flood Control
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.
h.
Interpretation of Firm Boundaries. The City Engineer shall make interpretations where needed, as to the exact location of the boundaries of the areas if 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 subsection 27-1.9.
[Ord. No. 02-2525 § 1;
Ord. 06-2725 § 1]
a.
Appeals.
1.
The City Administrator shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made
by the City Engineer or Construction Official in the enforcement or
administration of this chapter.
2.
Those aggrieved by the decision of the Department, or any taxpayer,
may appeal such decision to the Superior Court of New Jersey, as provided
by law.
3.
In passing upon such applications, the Department 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 use
which are not subject to flooding or erosion damage;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
that 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 planned
flood plain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
vehicles and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing government 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.
4.
Upon consideration of the factors of subsection 27-1.9a3 and the
purposes of this chapter, the Department may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
5.
The City Administrator shall maintain the records of all appeal actions,
including technical information and report any variances to the Federal
Emergency Management Agency 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 one-half (1/2) acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (a) to (k)
in subsection 27-1.9a3 have been fully considered. As the lot size
increases beyond the one-half (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 subsection 27-1.9a3, or conflict with
existing local laws or ordinances.
(d)
Any applicant to whom a variance is granted shall be given written
notice that the structures 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.
[Ord. No. 02-2525 § 1; Ord. No. 06-2725 § 1]
a.
General Standards. In all areas of special flood hazards the following
standards are required:
1.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure. All manufactured homes shall be anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, the 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.
2.
Construction Materials and Methods.
3.
Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system.
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and contamination into flood waters.
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(d)
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.
4.
Subdivision Proposals.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities
such as sewers, gas, electrical, and water systems located and constructed
to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least fifty
(50) lots or five (5) acres (whichever is less).
5.
Enclosure Openings. For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that 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 (2) openings having
a total net area of not less than one (1) 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 (1) 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.
b.
Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 27-1.6c, Basis for Establishing the Areas of Special Flood Hazard or in subsection 27-1.8e, Use of Other Base Flood Data, the following standards are required:
1.
Residential Construction. New construction and substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
2.
Nonresidential Construction. New construction and substantial improvement
of any commercial industrial, or other nonresidential structure shall
either have the lowest floor including basement, elevated to the level
of the base flood elevation or, together with attendant utility and
sanitary facilities, shall:
(a)
Be flood-proofed so that below the base level 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 subsection 27-1.8f2.
c.
Manufactured Homes. Manufactured homes, including prefabricated homes,
shall be anchored in accordance with subsection 27-1.10a1. All manufactured,
and/or pre-fabricated homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is at or above the
base flood elevation.
d.
Floodways. Located within areas of special flood hazard established subsection 27-1.6c are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
2.
If subsection 27-1.10d1 is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of subsection 27-1.10, Provisions for Flood Hazard Reductions.
3.
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 two-tenths (0.2) of a foot at
any point.
[Ord. No. 1403 § 1]
No structure, fence, pier, building or other obstruction within
the natural and ordinary high water mark of any stream, brook or drainageway
located within the City shall be made by any person or corporation
without notice to the City Engineer, and in no case without complying
with such conditions as the City Engineer may prescribe for preserving
the channel and providing for the flow of water therein to safeguard
the public against danger or damage to person or property from the
waters impounded or affected by such structure, fence, pier, building
or other obstruction, and this prohibition shall apply to any renewal
of existing structures. No such approval by the City Engineer shall
impair or affect any property rights, otherwise existing, which might
be invaded by the construction or maintenance of any such structure,
fence, pier, building or other obstruction.
[Ord. No. 1403 § 2]
a.
The City Engineer may, whenever in his judgement public safety so
requires, and after a hearing either on his own motion or upon complaint,
make and serve an order directing any person, corporation, officer
or board constructing, maintaining or using any such structure, fence,
pier, building or other obstruction in any stream, brook or drainageway
of this City to remove or repair it within such reasonable time and
in such manner as shall be specified in the order.
b.
Every such person, corporation, officer of Board shall obey, observe
and comply with the order and with the conditions prescribed by the
City Engineer for preserving the channels of streams, brooks, or drainageways
and for safeguarding the public against danger or damage to person
or property from waters impounded by structures, fences, piers, buildings
or other obstructions hereinbefore referred to.
[Ord. No. 1403 § 3]
Every person, corporation, officer of board failing, omitting or neglecting so to do, or who constructs any such structure, fence, pier, building or other obstruction in any stream, brook or drainageway without submitting to the City Engineer plans therefor and obtaining approval thereof, or who fails to remove, construct or reconstruct the same in accordance with the plans so approved shall upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. Every violation of this section shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be and be deemed to be a separate and distinct offense.