[Amended 1-25-2023 by Ord. No. 2022-08]
a. 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:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section
12-37a1 of this ordinance when located in a regulated floodway;
3. 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 Section
12-13;
4. Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter
5;
5. Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section
12-13 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:
(a)
Specifically allowed below the Local Design Flood Elevation;
and
(b)
Designed, constructed, and installed to prevent floodwaters,
including any backflow through the system from entering or accumulating
within the components.
6. Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
7. Not exceed the impacts to frequency or depth of offsite flooding
as required by N.J.A.C. 7:13 in floodways.
[Amended 1-25-2023 by Ord. No. 2022-08]
a. A Zones not including Coastal A Zones.
1. Construction and Elevation in A Zones not including Coastal A Zones.
(a)
No portion of a building is located within a V Zone.
(b)
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.
(c)
All new construction and substantial improvement of any habitable building (as defined in Article
9) 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 Section
12-13, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
(d)
All new construction and substantial improvements of non-residential
structures shall:
(1)
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 Section
12-13, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate; or
(2)
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
[i]
Meets the requirements of ASCE 24 Chapters
2 and
7; and
[ii] 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.
(e)
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:
(1)
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;
(2)
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 12-75a1(d)(2)
are met;
(3)
Be constructed to meet the requirements of ASCE 24 Chapter
2;
(4)
Have openings documented on an Elevation Certificate; and
(5)
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:
[i]
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
[ii] The depth of flooding that the enclosure would
experience to the Flood Hazard Area Design Flood Elevation;
[iii] 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.
[Amended 1-25-2023 by Ord. No. 2022-08]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
[Amended 1-25-2023 by Ord. No. 2022-08]
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 Section
12-37a1 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
7 of this ordinance.
[Amended 1-25-2023 by Ord. No. 2022-08]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section
12-37a1 of these regulations and N.J.A.C. 7:13.
[Amended 1-25-2023 by Ord. No. 2022-08]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section
12-37a1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Amended 1-25-2023 by Ord. No. 2022-08]
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 Section
12-37a1 of these regulations.