History Notes: This chapter was originally adopted as Ord. No. 611, and codified as Chapter 10.1 of the 1976 Code which was repealed by Ord. No. 736.
[1976 Code § 10.1-1; Ord. No. 736 preamble]
N.J.S.A. 40:48-2, provides that a municipal governing body may adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
The Commissioners of the City of Sea Isle City desire to enact the following regulations.
[1976 Code § 10.1-2; Ord. No. 736 § 1.1]
The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
These flood losses are caused by the cumulative effect of obstructions in 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.
[1976 Code § 10.1-3; Ord. No. 736 § 1.2; Ord. No. 1612 (2017) § 1]
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
To protect human life and health;
To minimize expenditure of public money for costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
To insure that potential buyers are notified that property is in an area of special flood hazard; and
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[1976 Code § 10.1-4; Ord. No. 736 § 1.3; amended 9-10-2019 by Ord. No. 1642]
In order to accomplish its purposes, this chapter includes methods and provisions for:
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Prohibiting the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
Controlling filling, grading, dredging and other development which increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
The use of green techniques is recommended for all construction of flood barriers, unless such techniques are not feasible.
[Ord. No. 1595-2016; Ord. No. 1601-2017]
Adoption of Plan. The City of Sea Isle City determines that it is in the public interest, and in order to ensure the safety and quality of life for all residents and visitors of the City, hereby adopts the "Watershed Management Area 16 Master Plan of the City of Sea Isle City" which plan shall be kept on file by the City Clerk for public inspection and use.
The City of Sea Isle City determines that it is in the public interest, and in order to ensure the safety and quality of life for all residents and visitors of the City, hereby adopts the "First Amendment to the Watershed Management Area 16 Master Plan of the City of Sea Isle City" which plan shall be read in conjunction with the aforesaid Watershed Master Plan and be kept on file by the City Clerk for public inspection and use.
[Ord. No. 1610-2017]
The City of Sea Isle City determines that it is in the public interest, and in order to ensure the safety and quality of life for all residents and visitors of the City, hereby adopts the "Floodplain Management Plan of the City of Sea Isle City dated June, 2017" and as may be amended from time to time which plan shall be kept on file by the City Clerk for public inspection and use.
The Floodplain Management Plan of the City of Sea Isle City, dated June 2017, is amended and updated by the attached "2018-2019 Floodplain Management Plan Update," which is hereby adopted by the City of Sea Isle City. The Clerk shall maintain said update with the original plan for review and use by all City employees, professionals and members of the public.
[Added 2-11-2020 by Ord. No. 1648]
Editor's Note: Said plan is on file in the City offices.
[Ord. No. 1612 (2017) § 2]
The standards of Section 60.3 (e) of the NFIP Regulations (44 CFR 59, etc.) are hereby accepted and adopted by the City of Sea Isle City by reference, and as amended from time to time, as the standards for the City.
All floodplain management regulations adopted by the City shall meet the standards of section 60.3 (e) of the NFIP Regulations (44 CFR 59, etc.). Any regulations failing to meet the standards of Section 60.3 (e) of the NFIP Regulations shall be superseded by those Regulations.
The standards set forth in Section 60.3 (e) of the NFIP Regulations (44 CFR 59, etc.) shall be the minimum requirements of the City and do not supersede any more stringent requirements of the City or State.
[1976 Code § 10.1-5; Ord. No. 736 § 2.0]
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.
[1976 Code § 10.1-5; Ord. No. 736 § 2.0; Ord. No. 903 § 1; Ord. No. 1105 § 1; Ord. No. 1124 § 1; Ord. No. 1515 (2012); Ord. No. 1540 (2013) § 1; Ord. No. 1554 (2013) § 1; Ord. No. 1612 (2017) § 3]
As used in this chapter:
- ADVISORY BASE FLOOD ELEVATION
- Shall mean a FEMA proposed base flood elevation first proposed by FEMA through the issuance of advisory base flood elevation maps released December 12, 2012, proposing revised elevations and creating advisory hazard zones.
- AO ZONE
- Shall mean areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.
- Shall mean a request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance.
- AREA OF SHALLOW FLOODING
- Shall mean a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
- AREA OF SPECIAL FLOOD HAZARD
- Shall mean the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
- BASE FLOOD
- Shall mean the flood having a 1% chance of being equalled or exceeded in any given year.
- BASE FLOOD ELEVATION (BFE)
- Shall mean the flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the Stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
- Shall mean any area of the building having its floor subgrade (below ground level) on all sides.
- Shall mean Code of Federal Regulations.
- COASTAL A ZONE
- Shall mean the portion of the Special Flood Hazard Area (SFHA) starting from a Velocity (V) Zone and extending up to the landward Limit of the Moderate Wave Action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward Limit of the Moderate Wave Action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/Coastal High Hazard Areas.
- COASTAL HIGH HAZARD AREA
- Shall mean an area of special flood hazard contending from offshore to the inland limit of primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
- Shall mean 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, drilling operations, or storage of equipment or materials.
- DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
- Shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
- 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 or, in the case of a building in a coastal high hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and
- b. 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 flood waters. In areas of coastal high hazard and Coastal A Zones "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of wood lattice-work or insect screening.
- Shall mean the process of gradual wearing away of land masses.
- EXISTING 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 before the effective date of the floodplain management regulations adopted by a community.
- Shall mean the Federal Emergency Management Agency.
- FLOOD INSURANCE STUDY (FIS)
- Shall mean the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
- FLOOD OR FLOODING
- Shall mean a general and temporary condition of partial or complete inundation of normally dry areas from:
- FLOOD PROOFING
- Shall mean 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.
- FLOODPLAIN MANAGEMENT REGULATIONS
- Shall mean 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.
- Shall mean a higher standard, a factor of safety usually expressed in feet and shall be the difference between the required "A" Zones elevation of 11 feet NAVD 88 and the current FIRM and at no time shall be less than one foot; it shall be the difference between the required "V" Zones elevation of 14 feet NAVD 88 and the current FIRM and at no time shall be less than one foot. The freeboard is to be measured to the bottom of the floor joist in the above noted "A" Zone or the bottom of the lowest horizontal structural member in the above noted "V" Zone. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.
- HIGHEST ADJACENT GRADE
- Shall mean the highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
- HISTORIC STRUCTURE
- Shall mean any structure that is:
- a. 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;
- b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- c. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
- d. Individually listed on a local inventory of historic places that have been certified by a State program authorized by the Secretary of the Interior, or directly approved by the Secretary of the Interior.
- LIMIT OF MODERATE WAVE ACTION (LIMWA)
- Shall mean the inland limit of the area affected by waves greater than 1.5 feet during the Base Flood. Base Flood conditions between the V Zone and the LIMWA will be similar to, but less severe than those in the V Zone.
- LOWEST FLOOR
- Shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements of 44 CFR Section 60.3.
- MANUFACTURED HOME
- Shall mean 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. 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 or more manufactured home lots for rent or sale.
- NEW CONSTRUCTION
- Shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
- NEW MANUFACTURED HOME PARK OR SUBDIVISION
- 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 floodplain management regulations adopted by the municipality.
- Shall mean the National Flood Insurance Program.
- PRIMARY FRONTAL DUNE
- Shall mean 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 during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
- RECREATION VEHICLE
- Shall mean a vehicle which is:
- a. Built on a single chassis;
- b. Four hundred square feet or less when measured at the largest horizontal projection;
- c. Designed to be self propelled or permanently towable by a light duty truck; and
- d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
- SAND DUNES
- Shall mean naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
- START OF CONSTRUCTION
- Shall mean excluding new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) but shall include substantial improvements and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of pilings, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
- Shall mean a walled and roofed building, including a gas or liquid storage tank that is principally above ground as well as a manufactured home.
- SUBSTANTIAL IMPROVEMENT/CUMULATIVE SUBSTANTIAL IMPROVEMENT
- Shall mean any combination of reconstruction, rehabilitation, addition, or other improvement of a structure during a ten-year period the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means "cumulative substantial improvement." This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed or "repetitive loss".
- For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
- The term does not, however, include either:
- a. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
- b. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
- Shall mean a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
- Shall mean the failure of a structure or other development to be fully compliant with this section. 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.
[1976 Code § 10.1-6; Ord. No. 736 § 3.1; Ord. No. 1612 (2017) § 4]
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Sea Isle City, Community No. 345318, Cape May County, New Jersey.
[1976 Code § 10.1-7; Ord. No. 736 § 3.2; Ord. No. 1554 (2013) § 2; Ord. No. 1612 (2017)§ 5]
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Sea Isle City," dated July, 1982, with accompanying Flood Insurance Rate Maps and any revision thereto, is hereby adopted and declared to be a part of this chapter. The Flood Insurance Study is on file in the City Clerk's Office, Sea Isle City Hall, 233 John F. Kennedy Avenue, Sea Isle City, New Jersey.
FEMA in a scientific and engineering report entitled "Flood Insurance Study Cape May County, New Jersey (All Jurisdictions)" dated October 5, 2017, with accompanying Flood Insurance Rate Map panel numbers 34009C0162F, 34009C0164F, 34009C0166F, 34009C0252F (FIRM - effective October 5, 2017) and any revisions thereto, including but not limited to revisions by letter of map revision process or appeal, is hereby adopted and declared to be a part of this chapter.
The issuance of revised Flood Insurance Rate Maps changing the areas of special flood hazard zones shall be controlling only where higher standards are established. The areas of special flood hazard identified on the effective October 5, 2017 FIRM shall apply except where higher standards are established in the effective January 6, 1983 FIRM, in which case the higher standards identified on the effective January 6, 1983 FIRM shall apply to Sea Isle City, with all construction to meet those standards and height requirements as follows:
Identified "AE" Zones shall have all construction at an elevation of 11 feet NAVD 88 which shall include Sea Isle City required freeboard, as defined herein which shall be at a minimum of one foot.
Identified "V" Zones shall have all construction at an elevation of 14 feet NAVD 88 which shall include Sea Isle City required freeboard, as defined herein which shall be at a minimum of one foot.
[1976 Code § 10.1-8; Ord. No. 726 § 3.3; Ord. No. 1124 § 2; Ord. No. 1266 § I]
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 on permits) shall constitute a misdemeanor. Each calendar day of violation shall constitute a separate and individual violation.
Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 per day of violation or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case and shall bear the full cost of correcting any and all violations.
Nothing herein contained shall prevent the City of Sea Isle City from taking such other lawful action as is necessary to prevent or remedy any violation.
[1976 Code § 10.1-9; Ord. No. 736 § 3.4]
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[1976 Code § 10.1-10; Ord. No. 736 § 3.5]
In the interpretation and application of this chapter, all provisions shall be:
[1976 Code § 10.1-11; Ord. No. 736 § 3.6]
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. This chapter shall not create liability on the part of the City, 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.
[1976 Code § 10.1-12; Ord. No. 736 § 4.1; Ord. No. 1612 (2017) § 6]
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 subsection 14-3.2. Application for a development permit shall be made to the Construction Official on forms furnished by him, 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:
Elevation in relation to mean sea level, of the lowest floor, (including basement) of all structures;
Elevation in relation to mean sea level to which any structure has been floodproofed;
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 14-6.3;
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
Plans for any walls to be used to enclose space below base flood level.
[1976 Code § 10.1-13; Ord. No. 736 § 4.2]
The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
[1976 Code § 10.1-14; Ord. No. 736 § 4.3; Ord. No. 903 § 3; Ord. No. 1540 (2013) § 2; Ord. No. 1554 (2013) § 3; Ord. No. 1612 (2017) § 7]
Duties of the Construction Official shall include, but not be limited to:
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
Review all development permits in the coastal high hazard and Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.
Use of Other Base Flood Data. When current FEMA regulations dated October 5, 2017 or regulations from FIRMs of January 6, 1983 and October 5, 2017; and floodway data has not been provided in accordance with subsection 14-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Construction Official shall obtain, review, and reasonably utilize any current FEMA regulations or regulations from FIRM of January 6, 1983 and floodway data available from a Federal, State or other source in order to administer subsections 14-6.2, Residential Construction, and 14-6.3, Nonresidential Construction.
In the administration of this section in no event shall the height and standards so administered be less stringent than as established in subsection 14-3.2 herein.
Information to Be Obtained and Maintained. The Construction Official shall:
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.
In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of subsections 14-7.3a and 14-7.3bl and 2 are met.
Maintain for public inspection all records pertaining to the provisions of this chapter.
Alteration of Watercourses. The Construction Official shall:
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Control and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
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 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 14-4.4.
Substantial Damage Review. After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes. Record and maintain the flood and non-flood 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. Ensure substantial improvements meet the requirements of sections 14-6.2, Specific Standards, Residential Construction, 14-6.3, Specific Standards, Nonresidential Construction And 14-6.4, Specific Standards, Manufactured Homes.
[1976 Code § 10.1-15; Ord. No. 736 § 4.4; Ord. No. 1431 § 67; Ord. No. 1540 (2013) § 3; Ord. No. 1554 (2013) § 4; Ord. No. 1612 (2017) §§ 8, 9]
The Zoning Board as established by N.J.S.A. 40:55D-1 et seq. (the Municipal Land Use Law) shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Zoning Board 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.
Those aggrieved by the decision of the Zoning Board or any taxpayer may appeal such decision to the Governing Body as provided in Chapter 26 of the Revised General Ordinances of the City of Sea Isle City.
In passing upon such applications, the Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section, and:
The danger that materials may be swept onto other lands to the injury of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
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 bridges.
Upon consideration of the factors of subsection 14-4.4a4 and the purposes of this chapter, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
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.
Conditions for Variances.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below current FEMA regulations dated October 5, 2017 or regulations from FIRM of January 6, 1983 providing items in paragraphs (a) — (k) of subsection 14-4.4a4 have been fully considered.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this paragraph.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
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 14-4.4a4 or conflict with existing local laws or ordinances.
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.
Notwithstanding any provision contained within to the contrary, no variance shall be given unless the applicant/appellant can establish a factual basis therefor pursuant to N.J.S.A. 40:55D-70 as interpreted by applicable judicial decision.
[1976 Code § 10.1-16; Ord. No. 736 § 5.1; Ord. No. 1612 (2017) § 10]
In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, are required.
[1976 Code § 10.1-16; Ord. No. 736 § 5.1-1; Ord. No. 903 § 4]
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 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.
[1976 Code § 10.1-16; Ord. No. 736 § 5.1-2]
[Ord. No. 1612 (2017) § 11]
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
[1976 Code § 10.1-16; Ord. No. 736 § 5.1-4; Ord. No. 1540 (2013) § 4; Ord. No. 1554 (2013) § 5; Ord. No. 1612 (2017) § 12]
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
Base flood elevation for current FEMA regulations dated October 5, 2017 and regulations from FIRM of January 6, 1983 shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
[Ord. No. 903 § 6; Ord. No. 1482 (2010) § III; Ord. No. 1489 (2010) § I; Ord. No. 1500 (2011) § I; Ord. No. 1612 (2017) § 13]
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 which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Crawl space is defined as that area of the structure below base flood not used for parking.
Crawl space for residential structures shall meet all criteria above, provide for access via an exterior opening no larger than nine square feet. There shall be no access to the crawl space from inside the structure. Crawl space shall be unfinished construction only and shall not be used for any purpose other than access to substructure. No Certificate of Occupancy shall be issued to any residential structure failing to comply with this provision.
For all new construction and substantial improvements the owner shall execute and deliver to the Construction Official a fully completed Floodplain Venting Affidavit on a form supplied by the Construction Office certifying full compliance with this section and agreeing to maintain compliance before a Certificate of Occupancy shall be issued or reoccupying of the property.
Prior to transfer of any property the owner shall obtain an inspection for compliance with the requirements of this section and any new owner shall certify compliance and agree to maintain compliance on a form supplied by the construction office.
[1976 Code § 10.1-17; Ord. No. 736 § 5.2; Ord. No. 1540 (2013) § 5; Ord. No. 1612 (2017) § 14]
In all areas of special flood hazard where the advisory base flood elevation data have been provided as set forth in subsection 14-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 14-4.3b, Use of Other Base Flood Data and floodway data, the following standards are required.
For Coastal A Zone construction see Section 14-7, Flood Hazard Reduction In Coastal High Hazard Areas And Coastal A Zones.
[1976 Code § 10.1-17; Ord. No. 736 § 5.2-1; Ord. No. 1124 § 3; Ord. No. 1540 (2013) § 6; Ord. No. 1554 (2013) § 6; Ord. No. 1612 (2017) § 15]
All new construction and substantial improvement of any residential structure shall have the lowest floor including basement together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to Sea Isle City minimum freeboard as defined in subsection 14-3.2 herein or ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
[1976 Code § 10.1-17; Ord. No. 736 § 5.2-2; Ord. No. 903 § 7; Ord. No. 1124 § 4; Ord. No. 1540 (2013) § 7; Ord. No. 1554 (2013) § 7; Ord. No. 1612 (2017) § 16]
New construction and substantial improvement of any commercial, industrial or other nonresidential structure (for Coastal A Zone construction see Section 14-7 Flood Hazard Reduction in Coastal High Hazard Areas and Coastal A Zones) shall either 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, elevated one foot freeboard as defined in subsection 14-3.2 herein, or ASCE/SEI 24-14, Table 2-1, whichever is more restrictive, or alternatively;
If a structure is below the standards set forth in subsection 14-3.2, is watertight and floodproofed to a minimum of one foot above the base standard set forth in subsection 14-3.2 or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, with walls substantially impermeable to the passage of water. There will be annual recertification and inspections of these nonresidential structures that have been floodproofed to assure that they are properly maintained. The responsibility of obtaining the annual recertification is on the owner;
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 14-4.3c2.
[Ord. No. 903 § 8; Ord. No. 1124 § 5; Ord. No. 1540 (2013) § 8; Ord. No. 1554 (2013) § 8; Ord. No. 1612 (2017) § 17]
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be consistent with the need to minimize flood damage, be constructed to minimize flood damage, have adequate drainage provided to reduce exposure to flood damage, be elevated on a permanent foundation such that the lowest floor or horizontal member, including basement together with the attendant utilities and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment is elevated to Sea Isle City minimum freeboard above the base standards set forth in subsection 14-3.2 herein. The manufactured home chassis is to be 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 be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
[1976 Code § 10.1-18; Ord. No. 736 § 5.3; Ord. No. 1612 (2017) § 18]
Coastal high hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in subsection 14-3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply.
[1976 Code § 10.1-18; Ord. No. 736 § 5.3-1; Ord. No. 1612 (2017) § 19]
[1976 Code § 10.1-18; Ord. No. 736 § 5.3-1; Ord. No. 792 §§ 2.1, 3.1; Ord. No. 903 § 10; Ord. No. 1540 (2013) § 9; Ord. No. 1554 (2013) § 9; Ord. No. 1612 (2017) § 20]
Elevation. All new construction and substantial improvements, together with the electrical, heating, ventilating, air-conditioning, mechanical equipment and other equipment servicing the structure shall be elevated on piling or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or columns) is elevated to or above the standards set forth in subsection 14-3.2 or as required by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for open wood lattice-work or insect screening as provided for in subsection 14-7.3d.
All new construction and substantial improvements shall be securely anchored on piling or columns.
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values each of which shall have a 1% chance of being equalled or exceeded in any given year (100-year mean recurrence interval).
There shall be no fill used for structural support.
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 14-7.3a and 14-7.3b1 and 2.
Space Below the Lowest Floor.
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 open wood lattice-work or insect screening are used as provided for in this subsection.
Open wood lattice-work or insect screening shall be the only materials allowed in the space below the lowest floor 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.
[1976 Code § 10.1-18; Ord. No. 736 § 5.3-3; Ord. No. 851 § 1]
There shall be no alteration of sand dunes which would increase potential flood damage. The only acceptable development in a dune area is that which has no prudent or feasible alternative in an area other than a dune and will not cause significant adverse long-term impacts on the natural functioning of the beach and dune systems.
[Ord. No. 736 § 6.0]
If for any reason any section of this chapter shall be declared illegal by any Court of competent jurisdiction, the remaining sections of this chapter shall remain in full force and effect notwithstanding.
[Ord. No. 903 § 11]
Any ordinance or provision thereof inconsistent with this chapter is repealed to the extent of such inconsistency.
[Added 6-23-2020 by Ord. No. 1654]
In conjunction with § 26-86.5, Fees, no building permit shall be issued, no land shall be cleared, and no change of use shall be conducted without first obtaining an approved zoning and flood permit from the municipal floodplain manager or other authorized officer. The applicant shall complete the permit form as established by the Zoning Officer and pay the nonrefundable/nontransferable fee as noted in § 26-86.5.
Only one fee shall be charged, the flood and zoning review fee. 50% of this fee shall be deposited into the City trust account entitled "Floodplain Management Account," which is to be used exclusively for flood prevention, planning, and mitigation efforts.