Title XII, Flood Damage Prevention, was amended in entirety 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020. Prior history includes Ord. No. 6S+FA(S-1), 6-1-2007. Amendments noted where applicable.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
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 are more restrictive, are required:
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In all areas of special flood hazards the following standards are required:
a. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b. 
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.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In all areas of special flood hazards the following standards are required:
a. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In all areas of special flood hazards the following standards are required:
a. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. 
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
c. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
d. 
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.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In all areas of special flood hazards the following standards are required:
a. 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
b. 
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;
c. 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
d. 
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).
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
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 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In areas of special flood hazards where base flood elevation data have been provided as set forth in Section 12:2-3, Basis for Establishing the Areas of Special Flood Hazard, or in Section 12:3-4, Use of Other Base Flood Data, the following standards are required:
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
For Coastal A Zone construction see Section 12:4-9, Coastal High Hazard Area and Coastal A Zone.
b. 
New construction and substantial improvement of any residential structure located in an A, AE, AO or AH zone shall have the lowest floor, including basement together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated at or above the more restrictive of the following:
1. 
For A or AE zones:
(a) 
Base flood elevation (published FIS/FIRM) plus one foot;
(b) 
The best available flood hazard data elevation plus one foot;
(c) 
As required by ASCE/SEI 24-14, Table 2-1; or
(d) 
As required by N.J.A.C. 7:13-3.
2. 
For AO or AH zones on the municipality's FIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (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.
3. 
Record the method and elevation used above and, the Best Available Flood Hazard Design Data elevation, date and revision in the local Development Permit.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
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 Section 12:4-9, Coastal High Hazard Area and Coastal A Zone), shall have the lowest floor, including basement, together with attendant utility and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment either:
a. 
Elevated at or above the more restrictive of the following:
1. 
For A or AE zones:
(a) 
Base flood elevation (published FIS/FIRM) plus one foot;
(b) 
The best available flood hazard data elevation plus one foot;
(c) 
As required by ASCE/SEI 24-14, Table 2-1; or
(d) 
As required by N.J.A.C. 7:13-3.
2. 
For AO or AH zones on the municipality's FIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (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;
3. 
Record the method and elevation used above and the Best Available Flood Hazard Design Data elevation, date and revision in the local Development Permit.
Or
b. 
Be floodproofed so that below:
1. 
For A or AE zones apply the more restrictive of the following:
(a) 
Base flood elevation (published FIS/FIRM) plus one foot;
(b) 
The best available flood hazard data elevation plus one foot;
(c) 
As required by ASCE/SEI 24-14. Table 6-1; or
(d) 
As required by N.J.A.C.7:13-3.
(e) 
AO or AH zone elevation based upon the highest adjacent grade, plus the depth number specified in feet, plus one foot (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
2. 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
3. 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
4. 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section 12:3-5.
5. 
Record the method and elevation used above and, the Best Available Flood Hazard Design Data elevation, date and revision in the local Development Permit.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
In all areas of special flood hazard the following standards are required:
a. 
Mobile homes shall be anchored in accordance with Section 12:4-1.
b. 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be:
1. 
Be consistent with the need to minimize flood damage;
2. 
Be constructed to minimize flood damage;
3. 
Have adequate drainage, provided to reduce exposure to flood damage; and
4. 
Be elevated on a permanent foundation such that the top of the lowest floor is at or the more restrictive of the following:
(a) 
Base flood elevation (published FIS/FIRM) plus one foot.
(b) 
The best available flood hazard data elevation plus one foot, or
(c) 
As required by ASCE/SEI 24-14, Table 2-1.
(d) 
As required by N.J.A.C. 7:13-3.
(e) 
AO or AH zone elevation based upon the highest adjacent grade, plus the depth number specified in feet, plus one foot (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,
5. 
Record the method and elevation used above and, the Best Available Flood Hazard Design Data elevation, date and revision in the local Development Permit.
c. 
All recreational vehicles located within an area of special flood hazard shall either:
1. 
Be on site for fewer than 180 consecutive days;
2. 
Be fully licensed and ready for highway use; or
3. 
Meet the requirements of Section 12:3-1 and Section 12:4-7a and b above.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
Located within areas of special flood hazard identified by the flood insurance study for the City of Newark, New Jersey, are areas designated as floodways. Since the floodway is extremely hazardous due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. 
Encroachments are prohibited, including fill, new construction, substantial improvements, and other developments unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
b. 
If Section 12:4-8a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter, Provision for Flood Hazard Reduction;
c. 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, no new construction, substantial improvements, fill, or other development shall be permitted, unless it is demonstrated that, 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 of a foot at any point.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
Coastal high hazard areas (V or VE Zones) and coastal A Zones are located within the areas of special flood hazard established in Section 12:2-3. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
All buildings or structures shall be located landward of the reach of the mean high tide.
b. 
The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or subdivision.