[Ord. #900, § 1.1; Ord. #1486; Ord. #1535]
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 Borough Council of
the Borough of Keansburg of County of Monmouth, State New Jersey does
ordain as follows.
[Ord. #900, § 1.2]
a.
The flood hazard areas of the Borough 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 hazards 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.
[Ord. #900, § 1.3]
It is the purpose of this section 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 and 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 insure that potential buyers are notified that property is in
an area of special flood hazard.
h.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. #900, § 1.4]
In order to accomplish its purposes, this subsection 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 flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood waters.
d.
Controlling filing, grading, dredging, and other development which
may increase flood damage.
e.
Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. #900, § 2; Ord. #996, § 1; Ord.
#1486; Ord. #1535; Ord. #1540 § 1]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application.
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 1% or greater chance of being equaled or exceeded in any
given year.
Shall mean the land in the floodplain within a community
subject to flooding from the 1% 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.
Shall mean a request for a review of the Construction Official/Certified
Floodplain Manager's interpretation of any provision of this Chapter
or a request for a variance.
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.
Shall mean the land in the flood plain within a community
subject to a 1% 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 1% chance of being equalled
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 manmade 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:
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 ground
level by means of piling, columns (posts and piers), or shear walls
parallel to the flow of the water.
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In an area of special flood hazard "elevated building" also
includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters. In areas of coastal high hazard "elevated
building" 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 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 the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Map(s) and the water surface elevation on the
base flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as 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 highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means 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 whether:
Shall mean the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, useable 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 or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities.
For flood plain management purposes the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean sectional prefabricated buildings, or houses,
that consist of multiple sections called modules. The modules are
six sided boxes constructed in a remote facility, then delivered to
their intended site of use, provided appropriate anchoring of the
building complies with coastal building regulations.
Shall mean structures for which the "start of construction"
commenced on or after the effective date of this Chapter.
Shall mean a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of the flood plain management regulations
adopted by the 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 single chassis;
[ii] 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 include substantial improvement and 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
shall mean 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 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 street and/or walkways; nor does include excavation for a basement,
footings, 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 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 repairing the structure to its before damaged
condition would equal or exceed 50% of the market value of the structure
assessed value of the improvement (unadjusted) before the damage occurred.
Substantial damage also means flood-related damages sustained by a
structure on two or more separate occasions during a ten-year period
for which the cost for repairs at the time of each such flood event,
on the average equals or exceeds 25% of the market value of the structure
assessed value of the improvement (unadjusted) before the damage occurred
(accumulative losses).
Shall mean 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 assure safe living conditions;
or
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
ordinance which permits construction in a manner that would otherwise
be prohibited by this Chapter.
[Ord. #900, § 3.1; Ord. #1435]
This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Keansburg, County of Monmouth,
State of New Jersey.
[Ord. #900, § 3.2; Ord. #1486; Ord. #1535; Ord.
#2015-1557; amended 4-22-2020 by Ord. No. 1652]
a.
The areas of special flood hazard for the Borough of Keansburg, Community
No. 340303, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
1.
A scientific and engineering report entitled Flood Insurance Study,
Monmouth County, New Jersey (All Jurisdictions) dated September 25,
2009.
2.
A document entitled Flood Insurance Rate Map for Monmouth County,
New Jersey (All Jurisdictions) as shown on Index and Panel(s) 34025C0034F,
34025C0042F and 34025C0055F the effective date is September 25, 2009.
b.
The above documents are hereby adopted and declared to be part of
this chapter. The Flood Insurance study, maps and advisory documents
are on file at Keansburg Borough Hall, George E. Kauffmann Municipal
Building, 29 Church Street, Keansburg, NJ 07734.
[Ord. #900 § 3.3; Ord. #1535]
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 $1,250 or imprisoned for not more than 10 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 Borough
of Keansburg from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. #900, § 3.4; Ord. #1486]
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Chapter and other ordinances, easements, covenants, or
deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
[Ord. #900, § 3.5]
In the interpretation and application of this Chapter, all provisions
shall be:
[Ord. #900, § 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 Borough, any officer or employee thereof of the
Federal Insurance Administration, for any flood damages that result
from reliance on this Chapter or any administrative decision lawfully
made thereunder.
[Ord. #900 § 4.1; Ord. #1535]
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 on forms furnished by the Construction Official/Certified Floodplain Manager 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 14-6.2b and,
d.
Description of the extend to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. #900 § 4.2; Ord. #1535]
The Construction Official/Certified Floodplain Manager is hereby
appointed to administer and implement this Chapter by granting or
denying development permit applications in accordance with its provisions.
[Ord. #900 § 4.3; Ord. #996 § 1(b); Ord.
#1486; Ord. #1535]
Duties of the Construction Official/Certified Floodplain Manager
shall include, but not be limited to:
a.
Permit Review.
1.
Review all development permits to determine that the permit requirements
of this ordinance 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 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 Data. When base flood elevation and floodway data have not been provided in accordance with subsection 14-3.2, the Construction Official/Certified Floodplain Manager 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 14-6.2a and 14-6.2b.
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 paragraphs b, 1 and b, 2 of subsection 14-6.3 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 that 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 Section 14-5.
[Ord. #900 § 4.1-1; Ord. #1535; amended 5-18-1999 by Ord. No. 1258 ]
a.
The Planning Board as established by Keansburg Borough Council shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
b.
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/Certified Floodplain Manager in the enforcement
or administration of this chapter.
c.
Those aggrieved by the decision of the Planning Board or any taxpayer,
may appeal such decision to the New Jersey Superior Court, as provided
by State Statute.
d.
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:
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and,
11.
The costs of providing governmental services during and after flood
condition, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
e.
Upon consideration of the factors of subsection 14-5.1d 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.
The Construction Official/Certified Floodplain Manager shall
maintain the records of all appeal actions, including technical information,
and report any variances to the Federal Insurance Administration upon
request.
[Ord. #900, § 4-4.2; Ord. #1486]
a.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection 14-5.1, d have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
b.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
character and design of the structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
c.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
e.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause.
2.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant.
3.
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 or victimization of the public as identified in subsection 14-5.1, d or conflict with existing local laws or ordinances.
f.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
[Ord. #1540 § 2; amended 5-18-1999 by Ord. No. 1258 ]
Those individuals/appellants wishing to appeal the "substantial
damage" claim of the Municipal Flood Plain Manager (or his/her designee)
shall utilize the Prevailing Planning Board Application Package being
utilized by the Borough/Land Use Board.
a.
Appeal Submission Requirements. The appellant shall, at a minimum,
submit an original and 10 copies of the following in conjunction with
an appeal of a "substantial damage" claim:
1.
Application Package;
2.
Application Fees;
3.
W-9 Forms and other Forms reasonably required by the Borough's Finance
Office;
4.
Disclosure Statement (if the applicant is a corporation, limited
liability company, partnership, etc.);
5.
Statement from the Municipal Tax Collector confirming that taxes
are current on the subject property;
6.
Owner's Letter of Consent, if the Appellant is other than the Owner;
7.
Current Survey;
8.
Current Tax Assessor Card for the subject property, indicating the
assessed value of the subject property and improvement (pre-damage);
9.
Floor Plans/Elevations/Architectural Renderings;
10.
Statement of Loss detailing the nature/extent of losses/damages associated
with the subject property/structure;
11.
Statement of Loss as determined by an insurance carrier if applicable;
12.
Pictures of the subject property/structure which has been damaged;
13.
Repair estimates/cost estimates (or paid invoices) associated with
the subject damage, and repairs associated therewith; and
14.
Any other document/information the Planning Board determines to be
reasonably necessary in order to formally review the appeal.
With good cause shown, the appellant may request that the Board
waive certain submission Requirements.
b.
Completion Determination. The Board Engineer or his/her designee,
shall have 21 days to determine if the application is complete, and
ready to be formally reviewed by the Planning Board.
c.
Public Hearing. Upon confirmation that the submitted application
is complete, the Board Secretary, or his/her designee, shall schedule
the appeal for a public hearing.
d.
Public Notice. In order to provide as much transparency to the process
as possible, the appellant, or agent thereof, shall advertise for
the public hearing as follows:
1.
By providing notification to all individuals/companies who/which
own property within 200 feet of the subject site (as referenced on
a Property Owner's List obtained from the Borough's Tax Office);
2.
By notification to the Borough's official newspapers;
3.
By notification to all utility companies, if said utility companies
have requested to be noticed in such situations and furthermore provided
that the utility companies are identified on the Property Owner's
List, as referenced above;
4.
Notice can be effectuated (by personal service or certified mail)
in the same fashion as notices are generally issued for applications
for development under the New Jersey Municipal Land Use Law.
e.
Burden. The burden of the subject appeal shall be on the appellant
to prove his/her/its case.
f.
Hearing Process. The public hearing process shall be conducted in
accordance with the same general procedure format by which applications
for development are heard under the New Jersey Municipal Land Use
Law.
g.
Memorializing Resolution. Once the action of the Board is taken (presumably
either affirming or reversing the decision of the Municipal Flood
Plain Manager) (or his/her designee), the Planning Board shall thereafter
adopt a resolution memorializing its findings associated with its
determination.
h.
Notice of Decision. The appellant and/or agent thereof, shall publish
a "Notice of Action Taken by Board" in the Borough's official newspapers,
officially advising the public as to the outcome of the appeal.
[Ord. #900, § 5.1; Ord. #996, § 1(c),
(d)(1); Ord. #1486; Ord. #1535]
In all areas of special flood hazards, compliance with the applicable
requirements of the Uniform Construction (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 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 flood waters into the system.
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters.
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4.
For all new construction and substantial improvements the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
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 coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
[Ord. #900 § 5.2; Ord. #996 § 1(d)(2);
Ord. #1486; Ord. #1535]
In all areas of special flood hazards where 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, the following standards are required:
a.
Residential Construction.
1.
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement together with the
attendant utilities and sanitary facilities, elevated at or above
the base flood elevation or advisory base flood elevation whichever
is more restrictive, plus one foot.
2.
Require within any AO Zone on the municipality's FIRM that all new
construction and substantial improvement of any residential structure
shall have the lowest floor, including 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) or at or
above the advisory base flood elevation plus one foot, whichever is
more restrictive. 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 have the lowest
floor, including basement together with the attendant utilities and
sanitary facilities:
1.
Either:
(a)
Elevated to or above the base flood elevation or advisory base
flood elevation whichever is more restrictive, plus one foot; and
(b)
Require within any AO Zone on the municipality's DFIRM that
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including 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) or at or above the advisory
base flood elevation plus one foot, whichever is more restrictive.
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, or advisory base flood elevation plus one foot, (whichever is
more restrictive) the structure is watertight with walls substantially
impermeable to the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
(c)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 14-4.3c,2(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 flood
elevation or advisory base flood elevation, plus one foot (whichever
is more restrictive).
[Ord. #900, § 5.3; Ord. #996, § 1(d)(3);
Ord. #1486; Ord. #1535]
Coastal high hazard areas (V or VE 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:
b.
Construction Methods.
1.
Elevation.
(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, 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 1% chance of being equalled 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 in paragraphs b, 1 and b, 2 of subsection 14-6.3.
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 subsection.
(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.
(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 Building Subcode Official for approval.
c.
Sand Dunes. Prohibit manmade alteration of sand dunes within Zones
VE and V on the community's DFIRM which would increase potential flood
damage.
[1]
Editor's Note: Former subsection 14-7.1, Fee Established,
previously codified herein and containing portions of Ordinance No.
814, was repealed in its entirety by Ordinance No. 1345.
[Ord. #814, § 2; Ord. #1535]
The Construction Official/Floodplain Manager shall be the agency
to furnish the letter.
