[HISTORY: Adopted by the Mayor and Council
of the Borough of Cresskill 8-4-1981 by Ord. No. 81-13-794; amended in its entirety 10-18-1995 by Ord. No. 95-18-1134. Subsequent amendments noted where applicable.]
[Amended 8-14-2019 by Ord. No. 19-09-1541]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:48-1. et seq., delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the governing
body of the Borough of Cresskill, of Bergen County, New Jersey does
ordain as follows.
A.
The flood hazard areas of the Borough of Cresskill
are subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazard which increase flood
heights and velocities and, when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood-control
projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood blight areas.
G.
Ensure that potential buyers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards or
which result in damaging increases in erosion or in flood heights
or velocities.
B.
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Controlling the alteration of natural floodplains,
stream channels and natural protective barriers which help accommodate
or channel floodwaters.
D.
Controlling filling, grading, dredging and other development
which may increase flood damage.
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EROSION
EXISTING MANUFACTRED HOME PARK OR SUBDIVISION
FLOOD or FLOODING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
START OF CONSTRUCTION (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall
have the meanings indicated:
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
A request for a review of the governing body's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a 1-percent or greater chance
of being equaled or exceeded in any given year.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is part of the structural support of the building
and is intended, through its design and construction, to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
A nonbasement building built, in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
or, in the case of a building in a coastal high hazard area, to have
the bottom of the lowest horizontal structural member of the elevated
floor elevated above the ground level by means of piling, columns
(posts and piers) or shear walls parallel to the flow of the water
and adequately anchored so as not to impair the structural integrity
of the building during a flood up to the magnitude of the base flood.
In an area of special flood hazard, "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement
of floodwaters.
The process of gradual wearing away of land masses.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles as well as the Flood Boundary
and Floodway Map and the water surface elevation of the base flood.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district preliminarily determined by the
Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's "lowest floor," provided
that such enclosure is not built so as to render the structure in
violation of other applicable elevation design requirements of 44
CFR 60.3.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of the
floodplain management regulations adopted by the municipality.
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the longest horizontal projections,
designed to be self-propelled or permanently towable by a light-duty
truck and designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational camping, travel or seasonal
use.
Includes substantial improvements and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home or a gas
and liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 40% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 8-14-2019 by Ord. No. 19-09-1541]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement officer and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
[Amended 8-14-2019 by Ord. No. 19-09-1541]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Borough of Cresskill, Bergen County,
New Jersey.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
the "Flood Insurance Study of Bergen County, New Jersey," dated August
28, 2019, with accompanying Flood Insurance Rate Map Panels 203, 204,
210, 211, 212 and 220 of 332, dated August 28, 2019, is hereby adopted
by reference and declared to be a part of this chapter as hereafter
amended. The Flood Insurance Study is on file at the Cresskill Municipal
Building, 67 Union Avenue, Cresskill, New Jersey 07626.
[Amended 10-2-2002 by Ord. No. 02-12-1254; 8-14-2019 by Ord. No. 19-09-1541]
No structure or land shall hereafter be constructed, relocated
to, extended, converted or altered without full compliance with the
terms of this chapter and other applicable regulations. Violation
of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who knowingly violates a provision of this chapter or a
rule, regulation or order adopted pursuant to this chapter shall be
subject to a penalty of not more than $2,500 for each offense, and
any person who otherwise violates a provision of this chapter shall
be subject to a penalty of not more than $1,500 for each offense,
both to be collected by the Department in a summary proceeding under
the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) and in any
court of competent jurisdiction wherein injunctive relief has been
requested. The Superior Court shall have jurisdiction to enforce said
Penalty Enforcement Law. If the violation is of a continuing nature,
each day which it continues shall constitute an additional, separate
and distinct offense. The Department is hereby authorized and empowered
to compromise and settle any claim for a penalty under this section
in such amount in the discretion of the Department as may appear appropriate
and equitable under all of the circumstances. All moneys recovered
in any such action, together with the costs recovered therein, shall
be paid to the Environmental Services Fund. Nothing herein contained
shall prevent the Borough of Cresskill from taking such other lawful
action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this chapter and another chapter, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
chapter, all provisions shall be:
A.
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages.
B.
This chapter shall not create liability on the part
of the governing body of the Borough of Cresskill, any officer or
employee thereof or the Federal Insurance Administration for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 132-7. Application for a development permit shall be made on forms furnished by the Borough of Cresskill and may include, but not be limited to, plans, in duplicate, drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
A.
The elevation, in relation to sea level, of the lowest floor (including
basement) of all structures.
B.
The elevation, in relation to mean sea level, to which any structure
has been floodproofed.
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 132-18B.
D.
A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Chief Construction Official is hereby appointed
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Duties of the Chief Construction Official shall
include, but not be limited to:
A.
Permit review. The Chief Construction Official shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 132-7, Basis for establishing the areas of special flood hazard, the Chief Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 132-18A, Specific standards, residential construction, and § 132-18B, Specific standards, nonresidential construction.
C.
Information to be obtained and maintained. The Chief
Construction Official shall:
(1)
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures and whether or not the structure
contains a basement.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses. The Chief Construction
Official shall:
[Amended 8-14-2019 by Ord. No. 19-09-1541]
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, and the Land Use Regulation Program
prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
E.
Interpretation of FIRM boundaries. The Chief Construction Official shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 132-15 and 132-16.
F.
Substantial damage review.
[Added 8-14-2019 by Ord.
No. 19-09-1541]
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Bureau of Flood Control.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
A.
The Planning Board, as established by the Borough of Cresskill, shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
B.
The Zoning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made
by the Chief Construction Official in the enforcement of the Administration
of this chapter.
C.
Those aggrieved by the decision of the Chief Construction Official, or any taxpayer, may appeal such decision to the Borough Zoning Board as provided in § 38-37.
D.
In passing upon such applications, the Zoning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
flood plan management program of that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(11)
The costs of provided governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems and
streets and bridges.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Zoning Board shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 132-15D have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required to issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
C.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
D.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
E.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 132-15D or conflict with existing local laws or ordinances.
F.
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
In all areas of special flood hazard, compliance with the applicable
requirements of the Uniform Construction Code (N.J.A.C. 5:23) and
the following standards, whichever is more restrictive, is required:
A.
Anchoring.
(1)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(2)
All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(4)
For all new construction and substantial improvements the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals and other proposed new development shall
be consistent with the need to minimize flood damage.
(2)
All subdivision proposals and other proposed new development shall
have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
(3)
All subdivision proposals and other proposed new development shall
have adequate drainage provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision proposals
and other proposed new development which contain at least 50 lots
or five acres (whichever is less).
E.
Enclosure openings. For all new construction and substantial
improvements, those fully enclosed areas below the lowest floor that
are usable solely for parking of vehicles, building access or storage
in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(1)
A minimum of two openings in at least two exterior walls of each
enclosed area having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall
be provided.
(2)
The bottom of all openings shall be no higher than
one foot above grade.
(3)
Openings may be equipped with screens, louvers or
other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[Amended 8-14-2019 by Ord. No. 19-09-1541]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 132-7, Basis for establishing areas of special flood hazard, or in § 132-14B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
B.
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor floodproofed so that below the base flood level of the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy and be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such verification shall be provided to the official as set forth in § 132-14C(2).
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with § 132-17A(2).
(2)
All manufactured homes to be placed or substantially improved within
an area of special flood hazard shall be elevated on a permanent foundation
such that the top of the lowest floor is at or above the base flood
elevation.
Located within areas of special flood hazard established in § 132-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A.
Prohibit encroachments, including fill, new construction,
substantial improvements and other development unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
C.
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than 0.2 of a foot
at any point.