[Added 11-15-2022 by Ord.
No. 2022-11]
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; floodway;
2. Meet the limitations of Section
21-37a1 of this chapter 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
21-13;
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
21-13 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.
[Added 11-15-2022 by Ord.
No. 2022-11]
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 Article
IX) 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
21-13, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
4. All new construction and substantial improvements of non-residential
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 Section
21-13, 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 non-residential and the requirements of Section
21-78a4(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 pre-construction
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 Article
IX) 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 Section
21-13, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
3. All new construction and substantial improvements of non-residential
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 Section
21-13, 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 non-supporting 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 non-residential and the requirements of Section
21-78b3(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 Section
21-78b3(b) are met for a non-residential 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 pre-construction
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.
[Added 11-15-2022 by Ord.
No. 2022-11]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
[Added 11-15-2022 by Ord.
No. 2022-11]
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
21-37a1 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
VII of this chapter.
[Added 11-15-2022 by Ord.
No. 2022-11]
Retaining walls, sidewalks and driveways that involve placement
of fill in floodways shall meet the requirements of Section 2-37a1
of these regulations and N.J.A.C. 7:13.
[Added 11-15-2022 by Ord.
No. 2022-11]
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
21-37a1 of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Added 11-15-2022 by Ord.
No. 2022-11]
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
21-37a1 of these regulations.
[Added 11-15-2022 by Ord.
No. 2022-11]
a. 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 demonstrates 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:
1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
2. 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
3. On-site filled or mound sewage systems.
[Added 11-15-2022 by Ord.
No. 2022-11]
a. In coastal high hazard areas and Coastal A Zones:
1. Minor grading and the placement of minor quantities of nonstructural
fill shall be permitted for landscaping and for drainage purposes
under and around buildings.
2. 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.
3. 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.