[Prior ordinance history includes portions of Ord. No. 11-79,
Ord. No. 6-83, Ord. No. 11-86, Ord. No. 3-87 and Ord. No. 9-91.]
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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 Keyport, Monmouth County, New Jersey, does ordain
as follows:
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
a.
The flood hazard areas of the Borough of Keyport 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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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; and
h.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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.
The official map adopted by the Federal Emergency Management
Administration in December of 2012, on which FEMA has delineated the
areas of advisory flood hazards applicable to Keyport.
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, AH, or VO zone on Keyport's Digital Flood
Insurance Rate Map (DFIRM) with a 1% annual or greater chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The land in the floodplain within Keyport subject to a 1%
or greater chance of flooding in any given year. As used herein, this
term shall include any Advisory Flood Hazard Area so designated on
the Flood Hazard Map.
The flood having a 1% chance of being equaled or exceeded
in any given year.
The elevation shown on Keyport's Flood Hazard Map that
indicates the stillwater elevation plus wave effect (ABFE = SWEL +
wave effect) resulting from a flood that has a 1% or greater chance
of being equaled or exceeded in any given year. As used herein, this
term shall include any advisory base flood elevation so designated
on the flood hazard map.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to Keyport.
A non-basement building built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal-high hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor, elevated above the base flood elevation by means of
piling, columns (posts and piers), or shear walls parallel to the
flow of the water, and adequately anchored so as not to impair the
structural integrity of the building during a flood up to the magnitude
of the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In coastal high-hazard areas, "elevated buildings"
also includes a building otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of breakaway
walls.
The process of the gradual wearing away of land masses.
Refer to the document or documents prepared by the Federal
Emergency Management Agency described in Subsection 15-3.2 below
that, according to FEMA, reflect the best data available with respect
to the matters set forth herein.
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 Keyport.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
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 of a foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by Keyport and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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 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 walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above the ground.
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.
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:
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 ensure safe living conditions;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Keyport, Monmouth County,
New Jersey.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
a.
The areas of special flood hazard for the Borough of Keyport, Community
No. 340304, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
1.
A scientific and engineering report "Flood Insurance Study, Monmouth
County, New Jersey (All Jurisdictions)," dated September 25, 2009.
2.
Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions),
as shown on Index and panel numbers 34025C0029F, 34025C0033F, and
34025C0037F, whose effective date is September 25, 2009.
3.
Advisory base flood elevations and advisory flood hazard maps adopted
in December 2012 (revised February 23, 2013). These documents shall
take precedence over previous panels and FIS in construction and development
regulations only. Where the FIRMs and the advisory flood hazard maps
conflict or overlap, whichever imposes the more stringent requirement
shall prevail.
4.
In the instance of any FEMA map published or adopted subsequent to
the advisory flood hazard map, which, upon its publication or adoption
(1) represents the best data available according to FEMA and (2) conflicts
with any of the above-referenced maps or reports or any prior FEMA
map, shall prevail as to the areas of special flood hazard designated
therein.
b.
The above documents are hereby adopted and declared to be a part
of this chapter. To the extent such documents have been published
or adopted, and not superseded by a subsequent FEMA document, such
documents are herein referred to collectively as Keyport's "Flood
Hazard Map." The Flood Insurance Study, maps and advisory documents
are on file at 70 West Front Street, Keyport, New Jersey 07735-0070.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
No structure or land shall hereafter be constructed, located, 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 subject to the general penalty established by § 1-5 of this Code for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Keyport from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
In the interpretation and application of this chapter, all provisions
shall be:
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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 Keyport, 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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
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 § 15-3.2. Application for a development permit shall be made on forms furnished by the Borough Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure has
been floodproofed;
c.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 15-5.2b; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
Duties of the Construction Official 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, ensure that
the encroachment provisions of Subsection 15-5.3a are met.
4.
Review all development permits in the coastal high-hazard area of
the area of special flood hazard to determine if the proposed development
alters sand dunes so as to increase potential flood damage.
5.
Review plans for walls to be used to enclose space below the base
flood level in accordance with Subsection 15-5.4b4.
b.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection 15-3.2, Basis for establishing the areas of special flood hazard, the Borough Engineer 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 the specific standards of Subsections 15-5.2a, Residential construction, and 15-5.2b, Nonresidential construction.
c.
Information to be obtained and maintained.
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.
In coastal high-hazard areas, certification shall be obtained from
a registered professional engineer or architect that the provisions
of Subsections 15-5.4b1 and 15-5.4b2a and b are met.
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, Dam Safety and Flood Control Section 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.
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 Subsection 15-4.4.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
a.
Appeal board.
1.
The Planning Board, as established by Mayor and Council, shall hear
and decide appeals and requests for variances from the requirements
of this chapter.
2.
The Planning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Borough Engineer in the enforcement or administration of this
chapter.
3.
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the appropriate court, as provided by
law.
4.
In passing upon such applications, the Planning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
(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 Keyport;
(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 Subsection 15-4.4a4 and the
purposes of this chapter, the Planning Board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
6.
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.
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 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection 15-4.4a4(a) through (k) have been fully considered. As the lot size increases beyond the one-half 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 an
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 15-4.4a4, 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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
In any 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 to be placed or substantially improved and substantial
improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
2.
All manufactured homes to be placed or substantially improved shall
be anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind
forces.
b.
Construction materials and methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
For all new construction and substantial improvements, the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
d.
Subdivision proposals.
1.
All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage;
2.
All subdivision proposals and other proposed new development shall
have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
3.
All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage;
and
4.
Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contain at least 50 lots
or five acres (whichever is less).
e.
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria:
1.
A minimum
of two openings 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.
2.
The bottom
of all openings shall be no higher than one foot above grade.
3.
Openings
may be equipped with screens, louvers, or other covering or devices,
provided that they permit the automatic entry and exit of floodwaters.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
In any areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection 15-3.2, Basis for establishing the areas of special flood hazard, or in Subsection 15-4.3b, Use of other base flood and floodway 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 the basement, together with
the attendant utilities and sanitary facilities, elevated at or above
the base flood elevation, plus one foot;
2.
Within any AO zone on the municipality's FIRM, all new construction
and substantial improvement of any residential structure shall have
the lowest floor, including the basement, elevated above the highest
adjacent grade one foot above the depth number specified in feet (at
least three feet if no depth number is specified), and require adequate
drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures.
b.
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall:
1.
Either:
(a)
Be elevated to or above the base flood elevation plus one foot; and
(b)
If within any AO zone on the municipality's DFIRM, have
the lowest floor, including the basement, elevated above the highest
adjacent grade one foot above the depth number specified in feet (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 base flood level plus one foot,
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 Section 15-4.3c2(b).
c.
Manufactured homes.
1.
Manufactured homes shall be anchored in accordance with Subsection
15-5.1a2.
2.
All manufactured 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 plus one foot.
[Added 5-21-2013 by Ord.
No. 5-13]
Located within any area of special flood hazard established in Subsection 15-3.2 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 such encroachment shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
c.
In any area 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.
[Ord. No. 7-09; amended 5-21-2013 by Ord. No. 5-13]
Coastal high-hazard areas (V or VE Zones) are located within the areas of special flood hazard established in Subsection 15-3.2. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
b.
Construction methods.
1.
Elevation. All new construction and substantial improvements shall
be elevated on piling or columns so that:
(a)
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the base flood elevation or as required by the Uniform Construction
Code (N.J.A.C. 5:23), whichever is more restrictive, and
(b)
With all space below the lowest floor's supporting member
open so as not to impede the flow of water, except for breakaway walls
as provided for in Subsection 15-5.4b4.
2.
Structural support.
(a)
All new construction and substantial improvements shall be securely
anchored on piling or columns.
(b)
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values, each of which
shall have a 1% chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
(c)
There shall be no fill used for structural support.
3.
Certification. A registered professional engineer or architect shall
develop or review the structural design specifications and plans for
the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for compliance with the provisions of Subsections 15-5.4b1
and 15-5.4b2(a) and (b).
4.
Space below the lowest floor.
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this chapter.
(b)
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the base flood elevation provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading of 20 pounds per square foot
(either by design or when so required by local or state codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
(1)
Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(2)
The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water load acting simultaneously
on all building components (structural and nonstructural). Water loading
values used shall be those associated with the base flood. Wind loading
values used shall be those required by applicable state or local building
standards.
(c)
If breakaway walls are utilized, such enclosed space shall be used
solely for parking of vehicles, building access, or storage and not
for human habitation.
(d)
Prior to construction, plans for any breakaway wall must be submitted
to the Construction Official for approval.
c.
Sand dunes. Prohibit man-made alteration of sand dunes within Zones
VE and V on Keyport's DFIRM which would increase potential flood
damage.
