[HISTORY: Adopted by the Township Council of the Township
of Brick 2-19-2013 by Ord. No. 3-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 145.
Dune preservation — See Ch. 162.
Engineering permits and standards — See Ch. 168.
Land use — See Ch. 245.
Land use procedures — See Ch. 250.
Mobile homes — See Ch. 279.
Soil removal and filling — See Ch. 383.
Stormwater management — See Ch. 396.
[1]
Editor's Note: This ordinance also repealed former Ch. 196,
Flood Hazard Areas, adopted 9-12-2006 by Ord. No. 28-06.
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 public health, safety,
and general welfare of its citizenry. Therefore, the Mayor and Council
of the Township of Brick, of Ocean County, New Jersey, does ordain
as follows.
A.
The flood hazard areas of the Township of Brick 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, causes damage 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, bridges
located in areas of special flood hazard;
F.
Help maintain a stable tax base by providing for the second 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; and
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 uses the following
methods:
A.
Restrict or prohibits 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.
Require that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel floodwaters;
D.
Control filling, grading, dredging, and other development which may
increase flood damage; and,
E.
Prevent and regulates the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
in other areas.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
A request for a review of the Township of Brick's interpretation
of any provision of this chapter or a request for a variance.[1]
A designated AO, AH, or VO Zone on Brick Township's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater
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.
The land in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation shown on a community's Flood Hazard Map that
indicates the stillwater elevation plus wave effect (BFE = SWEL +
wave effect) resulting from a flood that has a one-percent-or-greater
chance of being equaled or exceeded in any given year.
[Added 7-9-2013 by Ord. No. 19-13]
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most current data released by FEMA relating to Flood
Insurance Maps and Flood Insurance Studies, including preliminary
work maps and preliminary FIRMs.
[Added 7-9-2013 by Ord. No. 19-13]
A wall that is not 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.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped, the
Coastal A or AE Zone is the portion between the shore and the landward
limit of the moderate wave action delineation. Coastal A or AE Zones
may be subject to wave effects, velocity flows, erosion, scour, or
combinations of these forces.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
An unfinished area located between the top of the bottom
finished floor and the lowest adjacent finished grade.
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 hazards and the risk
premium zones applicable to the community.
A non-basement 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 flood elevation 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.
In areas of coastal high hazard, "elevated building" also includes
a building otherwise meeting the definition of "elevated building"
even though the lower area is enclosed by means of breakaway walls.
The process of the gradual wearing away of land masses.
The land in the floodplain within a community subject to
flooding from the one-percent-annual-chance event depicted on the
best available Flood Hazard Map.
[Added 7-9-2013 by Ord. No. 19-13]
The best available map on which the Federal Emergency Management
Administration has delineated the areas of flood hazards applicable
to the community based upon the best available data.
[Added 7-9-2013 by Ord. No. 19-13]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves
or currents of water exceeding anticipated cyclical levels or suddenly
caused by unusually high water level in a natural body of water, accompanied
by a severe storm, or by unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding.
The operation of an overall program of corrective and preventive
measures for reducing flood-related erosion damage, including but
not limited to emergency preparedness plans, flood-related erosion,
control works, and floodplain management regulations.
A land area adjoining the shore of a lake or other body of
water which, due to the composition of the shoreline or bank and high-water
levels or wind-driven currents, is likely to suffer flood-related
erosion.
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 the base
flood elevation. Freeboard tends to compensate for the many unknown
factors that could contribute to flood heights greater than the base
flood elevation.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 or a 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:
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than those in the
VE Zone.
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 to render the structure in violation
of other applicable nonelevation design requirements.
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. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles. The term "manufactured
home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
(2) 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.
The vertical control datum of orthometric height established
for vertical control surveying in the United States of America based
upon the general adjustment of the North American Datum of 1988. NAVD88
replaced the National Geodetic Vertical Datum of 1929 (NGVD29), previously
known as the Sea Level Datum of 1929.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
A vehicle which is:
Built on a single chassis;
Four hundred 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.
The receding edge or bluff or eroding frontal dune or, if
such a feature is not present, the normal high-water line or the seaward
line of permanent vegetation if a high-water line cannot be identified.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
A distance equal to 60 times the average annual long-term
recession rate at a site, measured from the reference feature.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348) includes
substantial improvements and means the date the building permit was
issued, provided 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
or liquid storage tank that is principally above the ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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:
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 distance equal to 30 times the average annual long-term
recession rate at a site, measured from the reference feature.
A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
[1]
Editor's Note: The former definitions of “advisory base
flood elevation (ABFE),” “advisory flood hazard area (AFHA)”
and “advisory flood hazard map,” which immediately preceded
this definition, were repealed 7-9-2013 by Ord. No. 19-13.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Brick, Ocean County, New
Jersey.
[Amended 7-9-2013 by Ord. No. 19-13]
A.
The areas of special flood hazard for the Township of Brick Community
No. 345285 shall be based upon the best available flood hazard data
prepared by the Federal Emergency Management Agency.
B.
The best available and most current data released by FEMA shall take
precedence over previous panels and FIS in construction and development
regulations only. Where the Special Flood Hazard Area (SFHA) and the
Flood Hazard Area (FHA) Maps conflict or overlap, whichever imposes
the more stringent requirement shall prevail.
C.
The above documents are hereby adopted and declared to be a part
of this ordinance. The Flood Insurance Study, maps and documents are
on file at 401 Chambers Bridge Road, Brick Township, New Jersey.
A.
No structure or land shall hereafter be constructed, located, 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 violates this chapter or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $500 per day
or imprisoned for not more than 180 days, or both, for each violation,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the Township of Brick from
taking such other lawful action as is necessary to prevent or remedy
any violation.
B.
Every 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 on permits) shall
constitute a separate violation for each calendar day and for each
individual violation.
C.
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-15, General penalty, for each violation and, in addition, shall pay all costs and expenses involved in the case and shall bear the full cost of correcting any and all violations.
D.
Nothing herein contained shall prevent the Township 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 other ordinance, 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 area of special
flood hazards 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 Township
of Brick, 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.
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 § 196-7. Application for a development permit shall be made on forms furnished by the Municipal Engineer 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.
A plot plan specifying the flood zone involved (with base flood elevation),
showing elevation(s) in the NAVD 1988 Datum of the lowest floor, including
basement, garage and crawl space of all structures, or the lowest
structural member, if applicable.
[Amended 10-26-2021 by Ord. No. 21-21]
B.
The elevation, in relation to mean sea level, to which any nonresidential
structure has been floodproofed.
D.
A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
E.
Plans for any walls to be used to enclose space below the base flood
level.
The Municipal Engineer is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
Duties of the Municipal Engineer shall include, but not be limited
to:
A.
Permit review.
(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.
(3)
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 196-19 are met.
(4)
Review all development permits in the coastal high hazard area of
the area of special flood hazard to determine if the proposed development
alters sand dunes so as to increase potential flood damage.
(5)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 196-20B(4).
B.
When base flood elevation and floodway data has not been provided in accordance with § 196-7, Basis for establishing areas of special flood hazard, the Township Engineer 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 § 196-18.
C.
Information to be obtained and maintained. The Municipal Engineer
shall obtain and record the actual elevation NAVD 88 of the lowest
floor (including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
(2)
In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 196-20B(1) and (2) are met.
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alteration of watercourses.
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section 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. Make interpretations where needed,
as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in this chapter.
[Amended 10-26-2021 by Ord. No. 21-21]
A.
The Brick Township Planning Board shall hear and decide appeals and
requests for variances from the requirements of this chapter.
B.
The Brick Township Planning Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Municipal Engineer in the enforcement or administration
of this chapter.
C.
Those aggrieved by the decision of the Brick Township Planning Board
or any taxpayer may appeal such decision to the Brick Township Municipal
Court.
D.
In passing upon such applications, Brick Township Planning 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
floodplain 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; and
(11)
The costs of providing 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 listed above and the purposes of
this chapter, the Brick Township Planning Board may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
F.
Brick Township Planning Board Secretary 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, providing items in Subsection D(1) through (11) in § 196-15 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for 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; and
(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 § 196-15D 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 10-26-2021 by Ord. No. 21-21]
In all areas of special flood hazards, the following standards
are required:
A.
Anchoring.
(1)
All new construction to be placed or substantially improved and substantial
improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
(2)
All manufactured homes to be placed or substantially improved 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; and
(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.
Land development proposals.
(1)
All subdivision proposals and site plan proposals shall be consistent
with the need to minimize flood damage;
(2)
All subdivision proposals and site plan proposals 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 site plan proposals shall have adequate
drainage provided to reduce exposure to flood damage; and
(4)
Base flood elevation data shall be provided for subdivision proposals
and site plan proposals.
E.
Encroachments. 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.
F.
Enclosure openings. All new construction and substantial improvements
having 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 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 covering
or devices, provided that they permit the automatic entry and exit
of floodwaters.
G.
Prohibition of dumping in drainage system.
(1)
It shall be unlawful to dump, deposit, or otherwise cause any trash,
landscape debris, or other material to be placed in any stream, channel,
ditch, pond, basin, catch basin, storm drain or any part of the natural
open or closed drainage system that regularly or periodically carries
or stores water. The drainage system must be kept clear of materials
such as brush, fill, and any items that impede the natural flow of
water.
[Amended 7-9-2013 by Ord. No. 19-13; 10-26-2021 by Ord. No. 21-21]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 196-7, Basis for establishing areas of special flood hazard, or in § 196-14B, Use of other base flood data, the following standards are required:
A.
Residential construction.
(1)
New construction and substantial improvement of any residential structure,
including manufactured homes, shall have the lowest floor, including
basement together with the attendant utilities and sanitary facilities,
elevated above the base flood elevation or best available flood hazard
data, whichever is the more restrictive standard, in compliance with
applicable construction codes plus one foot of freeboard;
(2)
Require within any AO Zone on the municipality's FIRM that all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number is specified) or at
or above the base flood elevation or best available flood hazard data,
whichever is more restrictive, in compliance with applicable construction
codes plus one foot of freeboard; and require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
B.
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall have the lowest
floor, including basement together with the attendant utilities and
sanitary facilities:
(1)
Either:
(a)
Elevated to or above the base flood elevation or best available
flood hazard data whichever is the more restrictive standard plus
one foot of freeboard; and
(b)
Require within any AO Zone on the municipality's DFIRM
that all new construction and substantial improvement of any commercial,
industrial floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified) or at or above the best
available flood hazard data, whichever is more restrictive; plus one
foot of freeboard and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
(2)
Or:
(a)
Be floodproofed so that below the base flood level or best available
flood hazard data (whichever is more restrictive) plus one foot of
freeboard the structure is watertight with walls substantially impermeable
to the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
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 certification shall be provided to the official as set forth in § 196-14C(2).
C.
Manufactured homes shall comply with the requirements of § 196-18A, and:
(1)
Manufactured homes shall be anchored in accordance with § 196-17A(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 or best available flood hazard data, whichever is more restrictive,
plus one foot of freeboard.
(3)
The replacement of manufactured homes in pre-FIRM manufactured home
parks must comply with the one foot freeboard requirement.
(4)
Machinery, utilities or equipment on manufactured homes must be elevated
to at least one foot above the base flood elevation for manufactured
homes newly constructed, substantially improved and/or reconstructed
due to substantial damage.
Located within areas of special flood hazard established in § 196-7 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.
Coastal high hazard areas (V or VE Zones) are located within the areas of special flood hazard established in § 196-7. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
A.
Location of structures.
(1)
All buildings or structures shall be located landward of the reach
of the mean high tide.
(2)
The placement of manufactured homes shall be prohibited, except in
an existing manufactured home park or manufactured home subdivision,
or as specified below:
(a)
A manufactured home may be placed on a property where a structure
has been determined by the Municipal Engineer to be substantially
damaged.\
(b)
The manufactured home may receive a temporary certificate of
occupancy for a period not to exceed two years.
(c)
All additional requirements of the UCC and this chapter shall
be adhered to prior to the issuance of any certificate of occupancy.
B.
Construction methods.
(1)
Elevation. All new construction and substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor, excluding the piling or columns, is elevated to or above the base flood level, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in Subsection B(4).
(2)
Structural support.
(a)
All new construction and substantial improvements shall be securely
anchored on piling or columns.
(b)
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values, each of which
shall have a one-percent chance of being equaled or exceeded in any
given year (one-hundred-year mean recurrence interval).
(c)
There shall be no fill used for structural support.
(3)
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection B(1) and (2)(a) and (b).
(4)
Space below the lowest floor shall conform to the following requirements:
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway walls, open wood latticework
or insect screening is used as provided for in this section.
(b)
Breakaway walls, open wood latticework or insect screening shall
be allowed below the base flood elevation, provided that it is 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. Breakaway walls shall be designed
for a safe loading resistance of not less than 10 and no more than
20 pounds per square foot. Use of breakaway walls which exceed a design
safe loading of 20 pounds per square foot (either by design or when
so required by local or state codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed
meet the following conditions:
[1]
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood.
[2]
The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water load acting simultaneously
on all building components (structural and nonstructural). Water loading
valves used shall be those associated with the base flood. Wind loading
valves used shall be those required by applicable state or local building
standards.
(c)
If breakaway walls are utilized, such enclosed space shall be
used solely for parking of vehicles, building access or storage and
not for human habitation.
(d)
Prior to construction, plans for any breakaway wall must be
submitted to the local administrator for approval.
(e)
Solid breakaway walls are prohibited in the coastal high-hazard
area.
C.
Sand dunes. There shall be no alteration of sand dunes that would
increase potential flood damage.
A.
When the Municipal Engineer has not yet identified any area within
the municipality as having special flood-related erosion hazards,
but the municipality has indicated the presence of such hazards by
submitting an application to participate in the program, the municipality
shall:
(1)
Require an issuance of a permit for all proposed construction or
other development in the area of flood-related erosion hazard as it
is known to the municipality;
(2)
Require review of each permit application to determine whether the
proposed site alterations and improvements will be reasonably safe
from flood-related erosion hazards or otherwise aggravate the existing
flood-related erosion hazard; and
(3)
If a proposed improvement is found to be in the path of flood-related
erosion or to increase the erosion hazard, require the improvement
to be relocated or adequate protective measures to be taken which
will not aggravate the existing erosion hazard.
B.
When the Municipal Engineer has delineated Zone E on the community's
FIRM, the municipality shall:
(2)
Require a setback for all new development from the ocean, lake, bay,
riverfront or other body of water to create a safety buffer consisting
of a natural vegetative or contour strip. This buffer will be designated
by the Administrator according to the flood-related erosion hazard
and erosion rate, in conjunction with the anticipated "useful life"
of structures, and depending upon the geologic, hydrologic, topographic
and climatic characteristics of the municipality's land. The buffer
may be used for suitable purposes, such as for agricultural, forestry,
outdoor recreation and wildlife habitat areas, and for other activities
using temporary and portable structures.
All requests for certification regarding the Flood Hazard Boundary
Map or the Flood Insurance Rate Map of the Township of Brick shall
be made to the Municipal Engineer of the Township of Brick.
All requests for certification concerning the above maps shall
be made, in writing, by the owner of the subject property or his authorized
agent and shall include an accurate description of the property sufficient
for the Municipal Engineer to determine the location of the subject
property on the applicable map.
There shall be a fee of $10 charged for each certification,
which fee shall accompany the request thereof.
