All development and building work, including man-made changes
to improved or unimproved real estate for which specific provisions
are not specified in this chapter 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 §
145-36A 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 §
145-12;
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 §
145-12 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.
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
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 §
145-12, be in conformance with ASCE Chapter
7, and be confirmed by an elevation certificate.
D. All new construction and substantial improvements of nonresidential
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 §
145-12, 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:
(a)
Meets the requirements of ASCE 24, Chapters
2 and
7; and
(b)
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 §
145-74D(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 pre construction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(a)
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
(b)
The depth of flooding that the enclosure would experience to
the flood hazard area design flood elevation;
(c)
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.
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
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 §
145-36A of this chapter. 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.
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of §
145-36A of this chapter and N.J.A.C. 7:13.
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 §
145-36A of this chapter. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.