[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point 5-26-1982 as Ord. No. 359. Sections
106-8 and 106-14A(3); amended in its entirety 6-15-2016 by Ord. No. 918. Subsequent amendments
noted where applicable.]
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 Committee
of the Township of Carneys Point of Salem County, New Jersey, does
ordain as follows.
A.Â
The flood hazard areas of the Township of Carneys Point 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.Â
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, cause 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.Â
Protect human life and health;
B.Â
Minimize expenditure of public money for costly flood control projects;
C.Â
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.Â
Minimize prolonged business interruptions;
E.Â
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.Â
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.Â
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
H.Â
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.Â
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.Â
Requiring that uses vulnerable to floods including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.Â
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
D.Â
Controlling filling, grading, dredging, and other development which
may increase flood damage; and
E.Â
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
A.Â
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.
B.Â
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PRIMARY FRONTAL DUNE
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(4)Â
SAND DUNES
START OF CONSTRUCTION
(1)Â
(2)Â
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
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.
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.
A request for a review of the local Construction Code Official's
interpretation of any provision of this chapter or a request for a
variance.
A designated AO or AH Zone on a community'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.
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.
A 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 one-percent or greater
chance of being equaled or exceeded in any given year. For zones VE
and V1-30, the elevation represents the stillwater elevation (SWEL)
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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 Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high hazard areas.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 40% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
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 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 or Coastal A Zone, to have
the bottom of the lowest horizontal structural member of the elevated
floor, elevated above the base flood elevation plus freeboard 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 flood waters.
In areas of coastal high hazard and Coastal A Zones, "elevated
buildings" 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.
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 before the effective date of
the floodplain management regulations adopted by a community.
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.
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 selected size flood
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing 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 V Zone
and the LiMWA will be similar to, but less severe than, those in the
V Zone.
The lowest floor of the lowest enclosed area [including basement].
An unfinished or flood-resistant enclosure, useable 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 nonelevation design requirements of
44 CFR 60.3.
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 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.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
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 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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period, the cost of which equals
or exceeds 40% of the market value of the structure before the start
of construction of the improvement. Substantial improvement also means
"cumulative substantial 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 grant of relief from the requirements of this chapter that
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.
This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Carneys Point, Salem County,
New Jersey.
A.Â
The areas of special flood hazard for the Township of Carneys Point
Community No. 340424 (comm. ID E), are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
(1)Â
A scientific and engineering report "Flood Insurance Study, Salem
County, New Jersey (All Jurisdictions)" dated June 16, 2016.
(2)Â
"Flood Insurance Rate Map for Salem County, New Jersey (All Jurisdictions),"
as shown on Index and panel(s) 34033C0014C, 34033C0034C, 34033C0051C,
34033C0052C, 34033C0053C, 34033C0054C, 34033C0056C, 34033C0058C, 34033C0059C,
34033C0061C, 34033C0062C, 34033C0066C and 34033C0067C, whose effective
date is June 16, 2016.
B.Â
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study, maps and advisory documents
are on file at the Administration Building, 303 Harding Highway, Carneys
Point, New Jersey, 08069.
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,
firm or corporation that shall violate any provisions of this chapter
shall, upon conviction thereof by any court authorized by law to hear
and determine the matter, be fined such sum not exceeding $2,000 as
such court in its discretion may impose, or if the party so convicted
is a natural person, such person may be imprisoned for such term not
exceeding 90 days as such court in its discretion may impose, or may
be fined a sum not exceeding $2,000 as such court in its discretion
may impose, or such natural person may be both imprisoned and fined,
not exceeding the maximum limits set forth herein, as such court in
its discretion may impose. Nothing herein contained shall prevent
the Township of Carneys Point 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 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.Â
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.Â
This chapter shall not create liability on the part of the Township
of Carneys Point, 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 § 106-7. Application for a development permit shall be made on forms furnished by the Carneys Point Township Construction Code Official 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.Â
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
B.Â
Elevation in relation to mean sea level to which any structure has
been floodproofed;
C.Â
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 106-17B(2); and
D.Â
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Code 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 Construction Code Official shall include, but
not be limited to:
A.Â
Permit review.
(1)Â
Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
(2)Â
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)Â
Review all development permits in the coastal high hazard and Coastal
A Zone area of the area of special flood hazard to determine if the
proposed development alters sand dunes so as to increase potential
flood damage.
(4)Â
Review plans for walls to be used to enclose space below the base flood level in accordance with § 106-17C(2).
B.Â
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 106-7, Basis for establishing areas of special flood hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer § 106-17B(1), Specific standards, residential construction, and (2), Specific standards, nonresidential construction.
C.Â
Information to be obtained and maintained.
(1)Â
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)Â
In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 106-17C(2)(a) and (b)[1] and [2] are met.
(4)Â
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.Â
Alteration of watercourses.
(1)Â
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)Â
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
E.Â
Substantial damage review.
(1)Â
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2)Â
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,
Dam Safety and Flood Control Section.
(3)Â
Ensure substantial improvements meet the requirements of § 106-17B(1), Specific standards, residential construction, and (2), Specific standards, nonresidential construction.
F.Â
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 § 106-15.
A.Â
Appeals board.
(1)Â
The Board of Adjustment, as established by Carneys Point Township,
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(2)Â
The Board of Adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Construction Code Official in the enforcement or administration
of this chapter.
(3)Â
Those aggrieved by the decision of the Board of Adjustment, or any
taxpayer, may appeal such decision to the Township Committee.
(4)Â
In passing upon such applications, the Board of Adjustment shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a)Â
The danger that materials may be swept onto other lands to the
injury of others;
(b)Â
The danger to life and property due to flooding or erosion damage;
(c)Â
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)Â
The importance of the services provided by the proposed facility
to the community;
(e)Â
The necessity to the facility of a waterfront location, where
applicable;
(f)Â
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)Â
The compatibility of the proposed use with existing and anticipated
development;
(h)Â
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)Â
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)Â
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
(k)Â
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.
(5)Â
Upon consideration of the factors of § 106-15A(4) and the purposes of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)Â
The Construction Code Official shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
A.Â
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 § 106-15A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.Â
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.Â
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
D.Â
Variances shall only be issued upon:
(1)Â
A showing of good and sufficient cause;
(2)Â
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)Â
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 § 106-15A(4), or conflict with existing local laws or ordinances.
E.Â
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.
A.Â
General standards. In all areas of special flood hazards, 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:
(1)Â
Anchoring.
(a)Â
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.
(b)Â
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.
(2)Â
Construction materials and methods.
(3)Â
Utilities.
(a)Â
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(b)Â
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;
(c)Â
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
(d)Â
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.
(4)Â
Subdivision proposals.
(a)Â
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
(b)Â
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;
(c)Â
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
(d)Â
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).
(5)Â
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.
(a)Â
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.
(b)Â
The bottom of all openings shall be no higher than one foot
above grade.
(c)Â
Openings may be equipped with screens, louvers, or other covering
or devices provided that they permit the automatic entry and exit
of floodwaters.
B.Â
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 106-7, Basis for establishing the areas of special flood hazard or in § 106-14B, Use of other base flood data, the following standards are required:
(1)Â
Residential construction.
(b)Â
New construction and substantial improvement of any residential
structure located in an A or AE Zone shall have the lowest floor,
including basement together with the attendant utilities and sanitary
facilities, elevated at or above the base flood elevation plus one
foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more
restrictive.
(c)Â
Require within any AO or AH Zone on the municipality's
FIRM that all new construction and substantial improvement of any
residential structure shall have the lowest floor, including basement
together with the attendant utilities and sanitary facilities, elevated
above the depth number specified in feet plus one foot above the highest
adjacent grade (at least three feet if no depth number is specified),
and require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
(2)Â
Nonresidential construction.
(a)Â
In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction, see § 106-17C, Coastal high hazard area and Coastal A Zone) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
[1]Â
Either:
[a]Â
Elevated to or above the base flood elevation plus
one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is
more restrictive; and
[b]Â
Require within any AO or AH Zone on the municipality's
DFIRM to elevate above the depth number specified in feet plus one
foot above the highest adjacent grade (at least three feet if no depth
number is specified), and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
[2]Â
Or:
[a]Â
Be floodproofed so that below the base flood level
plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever
is more restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
[b]Â
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
[c]Â
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 § 106-14C(2)(b).
(3)Â
Manufactured homes.
(a)Â
Manufactured homes shall be anchored in accordance with § 106-17A(1)(b).
(b)Â
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[1]Â
Be consistent with the need to minimize flood damage;
[2]Â
Be constructed to minimize flood damage;
[3]Â
Have adequate drainage provided to reduce exposure to flood
damage; and
[4]Â
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
C.Â
Coastal high hazard area and Coastal A Zone. Coastal high hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in § 106-7. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
(2)Â
Construction methods.
(a)Â
Elevation. All new construction and substantial improvements
shall be elevated on piling or columns so that:
[1]Â
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 elevation plus one foot or as required by ASCE/SEI
24-14, Table 4-1, whichever is more restrictive; and
[2]Â
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 or in § 160-17C(2)(d).
(b)Â
Structural support.
[1]Â
All new construction and substantial improvements shall be securely
anchored on piling or columns.
[2]Â
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).
[3]Â
Prohibit the use of fill for structural support of buildings
within Zones V1-30, VE, V, and Coastal A on the community's FIRM.
(c)Â
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 § 160-17C(2)(a)
and (b)[1] and [2].
(d)Â
Space below the lowest floor.
[1]Â
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 lattice
work or insect screening are used as provided for in this section.
[2]Â
Breakaway walls, open wood lattice work or insect screening
shall be allowed below the base flood elevation provided that they
are 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.
[a]Â
Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
[b]Â
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 values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards.
[3]Â
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.
[4]Â
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Code Official or Building Subcode Official
for approval.
(3)Â
Sand dunes. This chapter prohibits man-made alteration of sand dunes
within Coastal A Zones, VE and V Zones on the community's DFIRM
which would increase potential flood damage.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
This chapter shall be effective on June 15, 2016, and shall
remain in force until modified, amended or rescinded by Carneys Point
Township, Salem County, New Jersey.