[Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 1203 and 1314.]
[Ord. No. 09-38]
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 Township Committee
of the Township of Neptune, County of Monmouth, New Jersey does ordain
as follows.
[Ord. No. 09-38]
a.
The flood hazard areas of the Township of Neptune 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. 09-38]
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:
a.
To protect human life and 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 and sewer lines, streets, bridges
located in areas of special flood hazard;
f.
To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
g.
To ensure that potential buyers are notified that property is in
an area of special flood hazard; and
h.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 09-38]
In order to accomplish its purposes, this ordinance 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. 09-38; Ord. No. 13-12]
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.
Shall mean the elevation shown on a community's Advisory
Flood Hazard Map that indicates the advisory stillwater elevation
plus wave effect (ABFE = SWEL + wave effect) resulting from a flood
that has a one (1%) percent or greater chance of being equaled or
exceeded in any given year. (100-year flood event)
Shall mean the coastal water service elevation of a flood
having a two-tenths (0.2%) percent annual chance of being equaled
or exceeded in any given year. It is expressed in feet referenced
to the North American Verticle Datum of 1988 (NAVD 88). (500-year
flood event)
Shall mean the land in the floodplain within a community
subject to flooding from the one (1%) percent annual chance event,
or two-tenths (0.2%) percent annual chance event depicted on the Advisory
Flood Hazard Map.
Shall mean the official map on which the Federal Emergency
Management Administration has delineated the areas of advisory flood
hazards applicable to the community.
Is comprised of the areas subject to storm surge flooding
from the one (1%) percent annual chance coastal flood. These areas
are not subject to high velocity wave action, but are still considered
high risk flooding areas.
Is comprised of areas subject to high velocity wave action
(a 3-foot breaking wave) from the one (1%) percent annual chance coastal
flood. Zone V is subject to more stringent building requirements than
other zones because these areas are exposed to a higher level of risk.
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.
Shall means a designated AO, AH, or VO Zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a one (1%) percent annual
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 flooding is characterized by ponding or sheet
flow.
Shall mean the land in the floodplain within a community
subject to a one (1%) percent or greater chance of flooding in any
given year.
Shall mean the land within a community which is most likely
to be subject to severe flood related erosion losses. After a detailed
evaluation of the special flood related erosion hazard area will be
designated a Zone E on the Flood Insurance Rate Map.
Shall mean the flood having a one (1%) percent 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 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.
Shall mean 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.
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 or drilling
operations, or storage of equipment or materials located within the
area of special flood hazard.
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.
Shall mean a non-basement building (i) built 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 ground level by means of piling, columns (posts and piers),
or shear walls parallel to the flow of the water, and (ii) adequately
anchored so as not to impair the structural integrity of the building
during a flood up to the magnitude of the base flood. In an Area of
Special Flood Hazard "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In areas of coastal high hazard "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.
Shall mean the process of the gradual wearing away of land
masses.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
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.
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.
Shall mean 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 two-tenths (0.2') foot.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean 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:
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.
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 a permanent foundation when attached to the required
utilities. The term "manufactured home" does not include a "recreational
vehicle."
Shall mean a parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
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.
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 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.
Shall mean a vehicle which is [i] built on a single chassis;
[ii] four hundred (400) square feet or less when measured at the longest
horizontal projections; [iii] designed to be self-propelled or permanently
towable by a light duty truck; and [iv] designed primarily not for
use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Shall mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
Shall mean 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 one hundred eighty
(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.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
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.
As amended, shall mean any reconstruction, rehabilitation,
addition, or other 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 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 assure safe living conditions;
or
Any alteration of a "historic structure," if designated as a
key structure and one that would be adversely affected in terms of
historic character as determined by the Municipal Construction Official/Floodplain
Administrator. Alteration of a "historic structure" shall not be considered
a relocation.
Shall mean 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. 09-38]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Neptune, County of Monmouth,
New Jersey.
[Ord. No. 09-38; Ord. No. 13-12]
The area of special flood hazard for the Township of Neptune,
Community No. 340317, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Monmouth
County, New Jersey (All Jurisdictions)" dated December 12, 2012.
b.
Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions)
as shown on index and panels, Asbury Park NE, Asbury Park OE E NW,
Asbury Park SE, Asbury Park NW whose effective date is December 12,
2012.
c.
Advisory Base Flood Elevations and Advisory Flood Hazard Maps dated
December 12, 2012. These documents shall take precedence over previous
panels and FIS in construction and development regulations only. Where
the Special Flood Hazard Area (SFHA) and the Advisory Flood Hazard
Area (AFHA) maps conflict or overlap, whichever imposes the more stringent
requirement shall prevail.
|
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study, maps and advisory
documents are on file at 25 Neptune Boulevard, Neptune New Jersey.
|
[Ord. No. 09-38]
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 fined not more than one thousand
two hundred fifty ($1,250.00) dollars or imprisoned for not more than
ninety (90) days, or both, for each violation, and in addition shall
pay all costs and expenses involved in the case. Nothing herein contained
shall prevent the Township of Neptune from taking such other lawful
action as is necessary to prevent or remedy any violation.
[Ord. No. 09-38]
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. 09-38]
In the interpretation and application of this chapter, all provisions
shall be:
[Ord. No. 09-38]
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 Township
of Neptune, 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. 09-38]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 19-3.2. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
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 subsection 19-5.2b; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 09-38]
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. 09-38]
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.
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.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 19-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Construction Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 19-5.2a, Specific Standards, Residential Construction, and 19-5.2b, Specific Standards, 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 19-5.4b1 and 19-5.4.b2(a) 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 19-4.4.
[Ord. No. 09-38]
a.
Appeal Board.
1.
The Planning Board as established by the Township of Neptune 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 Construction Official 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 Monmouth County Construction Board
of Appeals, as provided in N.J.A.C. 5:27D-127.
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 the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood-waters 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 19-4.4a4 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 (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)—(k) in subsection 19-4.4a4 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 19-4.4a4, 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. 09-38; Ord. No. 13-12]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C.5:23) and the
following standards, whichever is more restrictive, is required:
a.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.
All manufactured homes 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 fifty (50%)
percent lots or five (5) acres (whichever is less).
e.
Enclosure Openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two (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 covering or devices provided
that they permit the automatic entry and exit of floodwaters.
[Ord. No. 09-38; Ord. No. 13-12]
a.
Residential Construction.
1.
New construction and substantial improvements of any residential
structure within any Advisory Hazard Zones V and A shall have the
lowest floor, including basement together with the attendant utilities
and sanitary facilities, elevated at or above the advisory base flood
elevation or advisory two-tenths (0.2%) percent annual chance flood
elevation, whichever is more restrictive.
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 have the lowest
floor, including basement together with the attendant utilities and
sanitary facilities:
1.
Elevated to or above the base flood elevation or advisory base flood
elevation, or above the advisory two-tenths (0.2%) percent annual
chance flood elevation, whichever is more restrictive.
bb.
1.
Be floodproofed
so that below the base flood level plus one (1') foot, or advisory
two-tenths (0.2%) percent annual chance flood elevation, (whichever
is more restrictive) the structure is watertight with walls substantially
impermeable to the passage of water;
2.
Have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
3.
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 19-4.3c2(b).
c.
Manufactured Homes.
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 floor
elevation or advisory two-tenths (0.2%) percent annual chance flood
elevation, (whichever is more restrictive).
d.
Historic District. Construction and reconstruction of buildings in
the Historic District shall be subject to the same standards as this
section, except for key structures, as set forth in the Land Development
Ordinance or other designated ordinances. Applicability to the aforesaid
ordinance or historic exclusion based on the key structure nature
of the building shall be determined after review by the Municipal
Construction Official/Floodplain Administrator. Should the Municipal
Construction Official/Floodplain Administrator deter-mine that the
building is subject to this section and the standards of this section,
and that substantial improvements are needed, the Municipal Construction
Official/ Floodplain Administrator shall issue a Notice of Determination
with regard to the need for substantial improvements. The determination
of the Municipal Construction Official/Floodplain Administrator shall
be appealable to the Historic Preservation Commissions (HPC). An aggrieved
party can appeal the determination of the Municipal Construction Official/
Floodplain Administrator to the HPC within forty-five (45) days of
the determination. Any decision of the HPC may be appealed to the
Zoning Board of Adjustment in the manner set forth in § 706
(Appeals and Application to ZBOA) of the Land Development Ordinance.
[Ord. No. 09-38]
Located within areas of special flood hazard established in subsection 19-3.2 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:
a.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
c.
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. 09-38; Ord. No. 13-12]
Coastal high hazard areas (V or VE Zones) are located within the areas of special flood hazard established in subsection 19-3.2. 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 (excluding piling or columns) is elevated to or above the base
flood elevation, Advisory Base Flood Elevation or as required by the
Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive;
and
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 one (1%) percent 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 subsection 19-5.4b1 and 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 subsection 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 section.
(b)
Breakaway walls, open 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 ten (10) and no more
than twenty (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 non-structural). 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 Building Subcode Official for approval.
c.
Sand Dunes. Man-made alteration of sand dunes within Zones VE and
V on the community's DFIRM which would increase potential flood
damage is prohibited.
[Ord. No. 09-38]
The Construction Official shall receive from the applicant,
along with the application, along with the application for a permit
hereunder, a fee for the review of the application and the determination
thereof. The fee shall be one hundred ($100.00) dollars for new construction
and fifty ($50.00) dollars for additions.
[Ord. No. 09-38]
If this special use permit shall be issued, the Construction
Official or his designee, Subcode Official, with the assistance of
the Township Engineer, shall make an on-site inspection, at least
once during construction, to determine whether the construction conforms
to the approved plan, materials and other specifications provided
by the applicant.
[Ord. No. 09-38]
In areas that the Federal Insurance Administrator has designated
an area within the floodplain as having special flood hazards, such
designation concerning land use control designed to reduce flood loss
shall take precedence over any conflicting ordinances or codes of
the Township.
[Ord. No. 09-38]
The grant of the special use permit or approval of a subdivision
plan within the special flood hazard areas shall not constitute a
representation, guaranty or warranty of any kind by the Township or
by any official or employee thereof of the practicability or safety
of the proposed use and shall create no liability upon the Township,
its officers or employees.
[Ord. No. 09-38]
All previous ordinances or resolutions or portions thereof of
the Township of Neptune inconsistent herewith be and they are hereby
repealed.
[Ord. No. 09-38]
If any clause, section or provision of this chapter is declared
invalid by a Court of competent jurisdiction, such provision shall
be deemed a separate, distinct and independent provision and shall
not affect the validity of the remaining portion hereof.
[Ord. No. 09-38]
This chapter shall take effect upon adoption and publication
in accordance with law.
