[Added 12-7-2023 by Ord. No. 08-2023]
a.
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR Part 3280).
b.
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 90-15b.
c.
Foundations. All new, relocated, and replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall be placed on foundations as specified by the manufacturer only
if the manufacturer's installation instructions specify that
the home has been designed for flood-resistant considerations and
provides the conditions of applicability for velocities, depths, or
wave action as required by 24 CFR 3285.302. The Floodplain Administrator
is authorized to determine whether the design meets or exceeds the
performance necessary based upon the proposed site location conditions
as a precondition of issuing a flood damage prevention permit. If
the Floodplain Administrator determines that the home's performance
standards will not withstand the flood loads in the proposed location,
the applicant must propose a design certified by a New Jersey licensed
design professional and in accordance with 24 CFR 3285.301(c) and
(d) which conforms with ASCE 24, the accepted standard of engineering
practice for flood-resistant design and construction.
d.
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
e.
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 90-15b.
f.
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 90-15b of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 90-15b, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 12-7-2023 by Ord. No. 08-2023]
a.
Placement Prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
b.
Temporary Placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
[Added 12-7-2023 by Ord. No. 08-2023]
a.
Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 12-7-2023 by Ord. No. 08-2023]
a.
General Requirements for other Development and Building Work. 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;
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 § 90-2c;
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 § 90-2c 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:
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 off-site flooding
as required by N.J.A.C. 7:13 in riverine floodways.
b.
Requirements for Habitable Buildings and Structures.
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 § 90-9) 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 § 90-2c, 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 § 90-2c, 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 § 90-15b1(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.
2.
Construction and Elevation in V Zones and Coastal A Zones.
(a)
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.
(b)
All new construction and substantial improvement of any habitable building (as defined in § 90-9) 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 § 90-2c, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(c)
All new construction and substantial improvements of nonresidential
structures shall:
(1)
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 § 90-2c, be in conformance with ASCE 24, 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 4 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.
(d)
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.
(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)
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 § 90-15b2(c)(2) are met;
(3)
Be constructed to meet the requirements of ASCE 24, Chapter
4;
(4)
Have openings documented on an elevation certificate and have breakaway wall construction documented on a breakaway wall certificate unless the requirements of § 90-15b2(c)(2) are met for a nonresidential structure; 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.
c.
Garages and Accessory Storage Structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
d.
Fences. Fences in riverine floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 90-5e1 of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a riverine 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 6 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 § 90-7 of this chapter.
e.
Retaining Walls, Sidewalks, and Driveways. Retaining walls, sidewalks and driveways that involve placement of fill in riverine floodways shall meet the requirements of § 90-5e1 of these regulations and N.J.A.C. 7:13.
f.
Swimming Pools. 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 riverine floodways shall also meet the requirements of § 90-5e1 of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
g.
Roads and Watercourse Crossings.
1.
Roads and watercourse crossings that encroach into regulated riverine 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 § 90-5e1 of these regulations.
h.
Other Development in Coastal High Hazard Areas (Zone V) and Coastal
A Zones. 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.
i.
Nonstructural Fill in Coastal High Hazard Areas (Zone V) and Coastal
A Zones. 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.
[Added 12-7-2023 by Ord. No. 08-2023]
a.
Temporary Structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of floodwaters.
b.
Temporary Storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
[Added 12-7-2023 by Ord. No. 08-2023]
a.
Utility and Miscellaneous Group U. In accordance with Section 312
of the International Building Code, utility and miscellaneous Group
U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet), fences more than 6 feet (1,829 mm) high,
grain silos (accessory to a residential occupancy), livestock shelters,
private garages, retaining walls, sheds, stables, tanks and towers.
b.
Flood Loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 90-2c.
c.
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 90-2c and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
d.
Enclosures Below Base Flood Elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 90-15b and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawl space having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
e.
Flood-Damage-Resistant Materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 90-2c.
f.
Protection of Mechanical, Plumbing, and Electrical Systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment shall be elevated to or above the local design flood elevation determined in § 90-2c.
Exception: Electrical systems, equipment and components, and
heating, ventilating, air-conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation, provided they conform to the provisions of NFPA 70
(National Electric Code).
