[Adopted in 1982 by ordinance; amended in entirety 5-10-2016 by Ord. No. 27-2016]
[Amended 5-10-2016 by Ord. No. 27-2016]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the Township Committee
of the Township of Greenwich of Cumberland County, New Jersey does
ordain the following.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
The flood hazard areas of the Township of Greenwich are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
b.
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Amended 5-10-2016 by Ord. No. 27-2016]
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.
[Amended 5-10-2016 by Ord. No. 27-2016]
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
flood waters;
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 flood waters or which may increase flood hazards
in other areas.
[Amended 5-10-2016 by Ord. No. 27-2016]
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 1%-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.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
A request for a review of the Township Flood Map Official'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 1% 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.
Land in the floodplain within a community subject to a 1%
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
A flood having a 1% 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 1% or greater chance of being equaled
or exceeded in any given year. For zones VE and V1-30 the elevation
represents the stillwater elevation (SWEL) plus wave effect (BFE =
SWEL + wave effect) resulting from a flood that has a 1% or greater
chance of being equaled or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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 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 non-basement building (i) built, in the case of a building
in an Area of Special Flood Hazard, to have the top of the elevated
floor or, in the case of a building in a Coastal High-Hazard Area
or Coastal A Zone, to have the bottom of the lowest horizontal structural
member of the elevated floor, elevated above the base flood elevation
plus freeboard by means of piling, columns (posts and piers), or shear
walls parallel to the flow of the water, and (ii) adequately anchored
so as not to impair the structural integrity of the building during
a flood up to the magnitude of the base flood. In an Area of Special
Flood Hazard "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In
Areas of Coastal High Hazard and Coastal A Zones "elevated buildings"
also includes a building otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of breakaway
walls.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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 flood plain 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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 of 44 CFR Section
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.
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 [i] built on a 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.
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 condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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."
A grant of relief from the requirements of this chapter 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.
[Amended 5-10-2016 by Ord. No. 27-2016]
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Greenwich, Cumberland County,
New Jersey.
[Amended 5-10-2016 by Ord. No. 27-2016]
The areas of special flood hazard for the Township of Greenwich,
Community No. (comm ID 340169), are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Cumberland
County, New Jersey (All Jurisdictions)" dated June 16, 2016.
b.
"Flood Insurance Rate Map for Cumberland County, New Jersey (All
Jurisdictions)" as shown on Index and panel(s) 34011C0116E, 34011C0117E,
34011C0118E, 34011C0119E, 34011C0136E, 34011C0137E, 34011C0138E, 34011C0139E,
34011C0141E, 34011C0257E, 34011C0276E, 34011C0278E, whose effective
date is June 16, 2016.
|
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 1000 Ye Greate Street, Greenwich, New Jersey.
|
[Amended 5-10-2016 by Ord. No. 27-2016]
No structure or land shall hereafter be constructed, re-located
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
$2,000 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 Township of
Greenwich from taking such other lawful action as is necessary to
prevent or remedy any violation.
[Amended 5-10-2016 by Ord. No. 27-2016]
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.
[Amended 5-10-2016 by Ord. No. 27-2016]
In the interpretation and application of this chapter, all provisions
shall be:
[Amended 5-10-2016 by Ord. No. 27-2016]
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
This chapter shall not create liability on the part of the Township
of Greenwich, 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.
[Amended 5-10-2016 by Ord. No. 27-2016]
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 7-3.2. Application for a Development Permit shall be made on forms furnished by the Township Flood Map Official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level to which any structure has
been floodproofed.
c.
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in section 5.2-2; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Amended 5-10-2016 by Ord. No. 27-2016]
The Township Flood Map Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
[Amended 5-10-2016 by Ord. No. 27-2016]
Duties of the Township Flood Map Official shall include, but
not be limited to:
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
b.
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.
c.
Review all development permits in the coastal high hazard and Coastal
A Zone area of the area of special flood hazard to determine if the
proposed development alters sand dunes so as to increase potential
flood damage.
d.
Review plans for walls to be used to enclose space below the base
flood level in accordance with Subsection 7-5.3-2d.
[Amended 5-10-2016 by Ord. No. 27-2016]
When base flood elevation data has not been provided in accordance with Subsection 7-3.2, Basis for Establishing the Areas of Special Flood Hazard, the Township Flood Map Official shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Subsection 7-5.2-1, Specific Standards, Residential Construction, and Subsection 7-5.2-2, Specific Standards, Nonresidential Construction.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
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.
c.
In coastal high hazard and Coastal A Zone areas, certification shall
be obtained from a registered professional engineer or architect that
the provisions of Subsection 7-5.3-2a and Subsection 7-5.3-2b1 and
b2 are met.
d.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
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.
b.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood carrying capacity is not
diminished.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
b.
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
c.
Ensure substantial improvements meet the requirements of Subsection
7-5.2-1, Specific Standards, Residential Construction, and Subsection
7-5.2-2, Specific Standards, Nonresidential Construction.
[Amended 5-10-2016 by Ord. No. 27-2016]
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection 7-4.4.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
The Planning and Zoning Board as established by the Township of Greenwich
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
b.
The Planning and Zoning Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Township Flood Map Official in the enforcement or administration
of this chapter.
c.
Those aggrieved by the decision of the 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 et seq.
d.
In passing upon such applications, the Planning and Zoning 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
conditions, 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 7-4.4-1d and the
purposes of this chapter, the Planning and Zoning Board may attach
such conditions to the granting of variances as it deems necessary
to further the purposes of this chapter.
f.
The Township Flood Map Official shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing paragraphs 1 through 11 in Subsection
7-4.4-1d have been fully considered. As the lot size increases beyond
the one-half 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 structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
c.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
d.
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; and
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 on or victimization
of the public as identified in Subsection 7-4.4-1d, or conflict with
existing local laws or ordinances.
e.
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.
[Amended 5-10-2016 by Ord. No. 27-2016]
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.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
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.
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 5-10-2016 by Ord. No. 27-2016]
[Amended 5-10-2016 by Ord. No. 27-2016]
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 sewage 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 5-10-2016 by Ord. No. 27-2016]
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 5-10-2016 by Ord. No. 27-2016]
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 5-10-2016 by Ord. No. 27-2016]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection 7-3.2, Basis for Establishing the Areas of Special Flood Hazard or in Subsection 7-4.3-2, Use of Other Base Flood Data, the following standards are required:
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
For Coastal A Zone construction see Subsection 7-5.3, Coastal High Hazard Area and Coastal A Zone.
b.
New construction and substantial improvement of any residential structure
located in an A or AE zone shall have the lowest floor, including
basement together with the attendant utilities and sanitary facilities,
elevated at or above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
c.
Require within any AO or AH zone on the municipality's FIRM
that all 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 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.
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
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 7-5.3, Coastal High Hazard Area and Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
Either
1.
Elevated to or above the base flood elevation plus one foot 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 DFIRM
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;
Or
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1.
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Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
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2.
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Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
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3.
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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 7-4.3-3b2.
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[Amended 5-10-2016 by Ord. No. 27-2016]
a.
Manufactured homes shall be anchored in accordance with Subsection
7-5.1-1b.
b.
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall:
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 above the base flood elevation plus one foot or as
required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
[Amended 5-10-2016 by Ord. No. 27-2016]
Coastal high hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in Subsection 7-3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
[Amended 5-10-2016 by Ord. No. 27-2016]
[Amended 5-10-2016 by Ord. No. 27-2016]
a.
Elevation. All new construction and substantial improvements shall
be elevated on piling or columns so that:
1.
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 plus one foot or as required by ASCE/SEI 24-14,
Table 4-1, whichever is more restrictive; and
2.
With all space below the lowest floor's supporting member open
so as not to impede the flow of water, except for breakaway walls
as provided or in Subsection 7-5.3-2d.
b.
Structural Support.
1.
All new construction and substantial improvements shall be securely
anchored on piling or columns.
2.
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 equaled or exceeded in any given year (100-year
mean recurrence interval).
3.
Prohibit the use of fill for structural support of buildings within
Zones VI-30, VE, V, and Coastal A on the community's FIRM.
c.
Certification. A registered professional engineer or architect shall
develop or review the structural design specifications and plans for
the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for compliance with the provisions of Subsection 7-5.3-2a
and Subsection 7-5.3-2b1 and b2.
d.
Space Below the Lowest Floor.
1.
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.
2.
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.
(a)
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and
(b)
The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water load acting simultaneously
on all building components (structural and non-structural). Water
loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State
or local building standards.
3.
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.
4.
Prior to construction, plans for any breakaway wall must be submitted
to the Construction Code Official or Building Subcode Official for
approval.
[Amended 5-10-2016 by Ord. No. 27-2016]
Prohibit man-made alteration of sand dunes within Coastal A
Zones, VE and V Zones on the community's DFIRM which would increase
potential flood damage.
