[2-25-2015 by Ord. No. 1025-15]
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 Board of Commissioners
of the City of Wildwood, Cape May County, New Jersey does ordain as
follows.
a.
The flood
hazard areas of the City of Wildwood 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 accumulative 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.
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
a.
Protect
human life and health;
b.
Minimize
expenditure of public money for costly flood-control projects;
c.
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
d.
Minimize
prolonged business interruptions;
e.
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, bridges located in areas
of special flood hazard;
f.
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.
Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
h.
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
a.
Restricting
or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
b.
Requiring
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
c.
Controlling
the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
d.
Controlling
filling, grading, dredging, and other development which may increase
flood damage; and
e.
Preventing
or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
[2-25-2015 by Ord. No. 1025-15]
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.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.[1]
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
A request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO or AH zone on a community's Digital Flood
Insurance Rate Map (DFIRM) with a one-percent-annual or greater chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent 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.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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 one-percent 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 one-percent or greater chance of being equaled or exceeded
in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.[2]
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.
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.
[Added 3-22-2017 by Ord. No. 1068-17]
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
[Added 7-12-2017 by Ord. No. 1087-17]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
A nonbasement building (i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor elevated two feet above the base flood elevation; 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
two feet above the base flood elevation 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 solid foundation perimeter walls with
openings of a minimum of one square inch for every one square foot
of enclosed space in order to facilitate the unimpeded movement of
floodwaters. Fill shall not be used for an elevated building. 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 open
wood lattice-work insect screening.
[Amended 7-12-2017 by Ord. No. 1087-17]
The process of the gradual wearing away of land masses.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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.
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.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
[Added 7-12-2017 by Ord. No. 1087-17]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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:
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.
[Added 3-22-2017 by Ord. No. 1068-17]
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 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.[3]
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure 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 of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
valve of the structure before the damages occurred.
Any 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
"accumulative substantial improvement." This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed or repetitive loss. 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.
A grant of relief from the requirements of this chatper that
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. 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.
[1]
Editor's Note: The former definitions of "accumulative substantial
improvement," "advisory base flood elevation (ABFE)," 3-22-2017 by Ord. No. 1068-17, "advisory flood hazard area (AFHA)," added 3-22-2017 by Ord. No. 1068-17, and "advisory flood hazard area map," added 3-22-2017 by Ord. No. 1068-17, which immediately preceded this definition, were repealed 7-12-2017 by Ord. No. 1087-17.
[2]
Editor's Note: The former definitions of "best available flood
hazard data" and "best available flood hazard data elevation," both
added 3-22-2017 by Ord. No. 1068-17, which immediately followed this
definition, were repealed 7-12-2017 by Ord. No. 1087-17.
[3]
Editor's Note: The former definition of "preliminary Flood
Insurance Rate Map (FIRM)," added 3-22-2017 by Ord. No. 1068-17, which immediately followed this definition, was repealed 7-12-2017 by Ord. No. 1087-17.
[2-25-2015 by Ord. No. 1025-15]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City of Wildwood, Cape May County,
New Jersey.
a.
The areas
of special flood hazard for the City of Wildwood, Community No. 345329,
are identified and defined on the following documents prepared by
the Federal Emergency Management Agency:
1.
A scientific
and engineering report "Flood Insurance Study, Cape May County, New
Jersey (All Jurisdictions)" dated February 16, 1996.
2.
Flood
Insurance Rate Map for Cape May County, New Jersey (All Jurisdictions),
as shown on Index and panel(s) 345329 0001C, whose effective date
is February 16, 1996.[1]
[1]
Editor's Note: Former Subsection a3, regarding the best available
flood hazard data, added 3-22-2017 by Ord. No. 1068-17, which immediately
followed this subsection, was repealed 7-12-2017 by Ord. No. 1087-17.
b.
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 4400 New Jersey Avenue, Wildwood, New Jersey.
No structure or land shall hereafter be constructed, relocated
to, 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 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 City of Wildwood
from taking such other lawful action as is necessary to prevent or
remedy any violation.
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.
In the interpretation and application of this chapter, all provisions
shall be:
a.
The degree
of flood protection required by this chapter is considered reasonable
for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free from flooding
or flood damages.
b.
This chapter
shall not create liability on the part of the City of Wildwood, 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.
[2-25-2015 by Ord. No. 1025-15]
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 § 27-3.2. Application for a development permit shall be made on forms furnished by the Construction Official or Floodplain Administrator 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 § 27-5.2b; and
d.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
The Construction Official and Floodplain Administrator are hereby
appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its provisions.
Duties of the Construction Official and Floodplain Administrator
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 in the coastal high hazard 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.
[Amended 7-12-2017 by Ord. No. 1087-17]
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with § 27-3.2, Basis for Establishing Areas of Special Flood Hazard, the Construction Official or Floodplain Administrator 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 § 27-5.2a, Specific Standards, Residential Construction, and § 27-5.2b, 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 and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 27-5.3b1 and § 27-5.3b2(a) and (b) are met.
[Amended 3-22-2017 by Ord. No. 1068-17]
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.
Substantial
Damage Review.
1.
After
an event resulting in building damages, assess the damage to structures
due to flood and nonflood causes.
2.
Record
and maintain the flood and nonflood damage of substantial damage structures
and provide a letter of substantial damage determination to the owner
and the New Jersey Department of Environmental Protection, Dam Safety
and Flood Control Section.
f.
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 § 27-4.4.
a.
Appeal
Board.
1.
The Zoning
Board of Adjustment 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.
2.
The Zoning
Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Construction Official or Floodplain Administrator in the enforcement
or administration of this chapter.
3.
Those
aggrieved by the decision of the Zoning Board of Adjustment, or any
taxpayer, may appeal such decision to the Superior Court of New Jersey,
as provided in N.J.S.A. 40:55D-1.
4.
In passing
upon such applications, the Zoning Board of Adjustment 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 floodwaters and the effects of wave action, if applicable,
expected at the site; and
(k)
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
5.
Upon consideration of the factors of § 27-4.4a4 and the purposes of this chapter, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
6.
The Construction
Official and Floodplain Administrator 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 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 27-4.4a4(a) through (k) have been fully considered. As the lot size increases beyond the 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 only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4.
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 § 27-4.4a4, or conflict with existing local laws or ordinances.
5.
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.
[2-25-2015 by Ord. No. 1025-15]
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 to be placed or substantially improved and substantial
improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
2.
All manufactured
homes to be placed or substantially improved shall be anchored to
resist flotation, collapse or lateral movement. Methods of anchoring
may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
b.
Construction
Materials and Methods.
c.
Utilities.
1.
All new
and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
2.
New and
replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters;
3.
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding; and
4.
For all
new construction and substantial improvements the electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
d.
Subdivision
Proposals.
1.
All subdivision
proposals and other proposed new development shall be consistent with
the need to minimize flood damage;
2.
All subdivision
proposals and other proposed new development shall have public utilities
and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage;
3.
All subdivision
proposals and other proposed new development shall have adequate drainage
provided to reduce exposure to flood damage; and
4.
Base
flood elevation data shall be provided for subdivision proposals and
other proposed new development which contain at least 50 lots or five
acres (whichever is less).
e.
Enclosure
Openings. All new construction and substantial improvements having
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area, 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. The bottom of all openings shall be no higher than
one 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.
[Amended 7-12-2017 by Ord. No. 1087-17]
In all areas of special flood hazards where base flood elevation
data have been provided as set forth in section 3.2, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD or in section 4.3-2, USE OF OTHER
BASE FLOOD DATA, the following standards are required:
b.
Residential
Construction.
1.
New construction
and substantial improvement of any residential structure located in
an A or AE Zone shall have:
[Amended 3-22-2017 by Ord. No. 1068-17; 7-12-2017 by Ord. No. 1087-17]
(a)
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 at or
above the base flood elevation plus two feet.
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 two feet above the depth number specified in feet (at least
three feet if no depth number is specified), and require adequate
drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures.
c.
In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction, see § 27-5.3, Coastal High Hazard Area and Coastal A Zone) shall 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, either:
[Amended 3-22-2017 by Ord. No. 1068-17; 7-12-2017 by Ord. No. 1087-17]
1.
Elevated
to or above the base flood elevation plus two feet or as required
by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
2.
Require
within any AO or AH Zone on the municipality's to elevate above the
highest adjacent grade two feet above the depth number specified in
feet (at least three feet if no depth number is specified) or plus
two feet, whichever is more restrictive. And, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures; or
3.
Be floodproofed
so that below the base flood level plus two feet, or as required by
ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; the structure
is watertight with walls substantially impermeable to the passage
of water;
4.
Have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
5.
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 § 27-4.3c2(b).
d.
Manufactured
Homes.
2.
All manufactured
homes to be placed or substantially improved within an area of special
flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood damage;
and
(d)
Be elevated on a permanent foundation such that the top of the lowest
floor is at or above the base flood elevation plus two feet or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
[Amended 3-22-2017 by Ord. No. 1068-17; 7-12-2017 by Ord. No. 1087-17]
(e)
The manufactured home chassis is 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 floatation,
collapse, and lateral movement.
[Added 7-12-2017 by Ord. No. 1087-17]
[Amended 3-22-2017 by Ord. No. 1068-17]
Coastal high hazard areas (V or VE Zones) and Coastal A Zones
are located within the areas of special flood hazard established in
section 3.2. These areas have special flood hazards associated with
high velocity waters from tidal surges and hurricane wave wash; therefore,
the following provisions shall apply.
b.
Construction
Methods.
1.
Elevation.
All new construction and substantial improvements shall be elevated
on piling or columns so that:
(a)
The bottom of the lowest horizontal structural member of the lowest
floor (excluding the piling or columns) is elevated two feet above
the base flood elevation or as required by ASCE/SEI 24-14, Table 4-1,
whichever is more restrictive; and
[Amended 7-12-2017 by Ord. No. 1087-17]
(b)
All electrical and mechanical equipment servicing the building is
elevated two feet above the base flood elevation; and
[Amended 7-12-2017 by Ord. No. 1087-17]
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-percent chance of being equaled or exceeded in any given
year (100-year mean recurrence interval).
(c)
Prohibit the use of fill for structural support of buildings within
Zones V1-30, VE, V, and Coastal A on the community's DFIRM.
[Amended 7-12-2017 by Ord. No. 1087-17]
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 § 27-5.3b1 and § 27-5.3b2(a) and (b).
4.
Space
Below the Lowest Floor.
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this section.
(b)
Breakaway walls, open wood lattice-work or insect screening shall
be allowed below the base flood elevation provided that they are intended
to collapse under wind and water loads without causing collapse, displacement
or other structural damage to the elevated portion of the building
or supporting foundation system. Breakaway walls shall be designed
for a safe loading resistance of not less than 10 and no more than
20 pounds per square foot. Use of breakaway walls which exceed a design
safe loading of 20 pounds per square foot (either by design or when
so required by local or state codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed
meet the following conditions:
(1)
Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
(2)
The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water load acting simultaneously
on all building components (structural and nonstructural). Water loading
values used shall be those associated with the base flood. Wind loading
values used shall be those required by applicable state or local building
standards.
(c)
If breakaway walls are utilized, such enclosed space shall be used
solely for parking of vehicles, building access, or storage and not
for human habitation.
(d)
Prior to construction, plans for any breakaway wall must be submitted
to the Construction Code Official or Building Sub-Code Official for
approval.
c.
Sand Dunes.
There shall be no man-made alteration of sand dunes which would increase
potential flood damage.
[2-25-2015 by Ord. No. 1025-15]
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[2-25-2015 by Ord. No. 1025-15]
This chapter shall become effective 20 days after final passage
and publication according to law. It shall remain in force until modified,
amended or rescinded by City of Wildwood, Cape May County, New Jersey.
