All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
A. 
Be located and constructed to minimize flood damage;
B. 
Meet the limitations of § 94-39A of this chapter when located in a regulated floodway;
C. 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 94-13;
D. 
Be constructed of flood-damage-resistant materials as described in ASCE 24, Chapter 5;
E. 
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 94-13 or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(1) 
Specifically allowed below the local design flood elevation; and
(2) 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components;
F. 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
G. 
Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.
A. 
Construction and elevation in A Zones not including Coastal A Zones.
(1) 
No portion of a building is located within a V Zone.
(2) 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
(3) 
All new construction and substantial improvement of any habitable building (as defined in § 94-56) located in flood hazard areas 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 to or above the local design flood elevation as determined in § 94-13, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(4) 
All new construction and substantial improvements of nonresidential structures shall:
(a) 
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 to or above the local design flood elevation as determined in § 94-13, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
(b) 
Together with the attendant utility and sanitary facilities, be designed so that, below the local design flood elevation, the structure:
[1] 
Meets the requirements of ASCE 24, Chapters 2 and 7; and
[2] 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
(5) 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
(a) 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
(b) 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 94-80A(4)(b) are met;
(c) 
Be constructed to meet the requirements of ASCE 24, Chapter 2;
(d) 
Have openings documented on an elevation certificate; and
(e) 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[1] 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[2] 
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.
[3] 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
B. 
Construction and elevation in V Zones and Coastal A Zones.
(1) 
All new construction and substantial improvements shall be constructed according to structural designs, plans and specifications conforming with ASCE 24, Chapter 4, which are signed by a licensed design professional and certified by that individual in a V Zone certificate.
(2) 
All new construction and substantial improvement of any habitable building (as defined in § 94-56) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation as determined in § 94-13, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(3) 
All new construction and substantial improvements of nonresidential structures shall:
(a) 
Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 94-13, be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or
(b) 
Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:
[1] 
Meets the requirements of ASCE 24, Chapters 4 and 7; and
[2] 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
(4) 
All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening 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. All breakaway walls shall be constructed according to structural designs, plans and specifications conforming with ASCE 24, Chapter 4, signed by a licensed design professional, and certified by that individual in a breakaway wall certificate.
(5) 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
(a) 
Be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
(b) 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 94-80B(3)(b) are met;
(c) 
Be constructed to meet the requirements of ASCE 24, Chapter 4;
(d) 
Have openings documented on an elevation certificate and have breakaway wall construction documented on a breakaway wall certificate unless the requirements of § 94-80B(3)(b) are met for a nonresidential structure; and
(e) 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[1] 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[2] 
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.
[3] 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
(6) 
For new construction or substantial improvements, enclosures shall be less than 295 square feet in size.
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 94-39A of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Article VII of this chapter.
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 94-39A of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
A. 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.
B. 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 94-39A of these regulations.
In coastal high hazard areas (V Zones) and Coastal A Zones, development activities other than buildings and structures shall be permitted only when also authorized by the appropriate federal, state or local authority; when located outside the footprint of, and not structurally attached to, buildings and structures; and when analyses prepared by a licensed professional engineer demonstrate no harmful diversion of floodwater or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:
A. 
Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
B. 
Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the base flood or otherwise function to avoid obstruction of floodwater; and
C. 
On-site filled or mound sewage systems.
In coastal high hazard areas and Coastal A Zones:
A. 
Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.
B. 
Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only when an analysis prepared by a licensed professional engineer demonstrates no harmful diversion of floodwater or wave runup and wave reflection that would increase damage to adjacent buildings and structures.
C. 
Sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection where the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.