Montgomery City Zoning Code
§ 16-15.15
Other Development and Building Work.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
General requirements for other development and building work. All development and building work, including human-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
1.
Be located and constructed to minimize flood damage;
2.
Meet the limitations of subsection 16-15.5c1 of this section when located in a regulated floodway;
3.
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to subsection 16-15.2c;
5.
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to subsection 16-15.2c or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
6.
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
7.
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
b.
Requirements for habitable buildings and structures.
1.
Construction and Elevation in A Zones (A, AE, AO, AH, etc.) not including Coastal A Zones.
(a)
Intentionally deleted.
(b)
Intentionally deleted.
(c)
All new construction and substantial improvement of any habitable building (as defined in subsection 16-15.9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection 16-15.2c, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
(d)
All new construction and substantial improvements of non-residential structures shall:
(1)
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection 16-15.2c, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
(2)
Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:
(ii)
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.
(e)
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
(1)
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
(2)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of subsection 16-15.15b1(d)(2) are met;
(4)
Have openings documented on an Elevation Certificate; and
(5)
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit, any municipal floodplain, construction, and/or zoning permits, and prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions, as approved by the Township Attorney, must explain and disclose that:
(i)
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(ii)
The depth of flooding that the enclosure is anticipated to experience to the Flood Hazard Area Design Flood Elevation;
(iii)
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;
(f)
Enclosures shall be less than 295 square feet in size for new construction or substantial improvements.
c.
Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
d.
Fences. Intentionally deleted. Pursuant to subsection 16-16.6, fences are not permitted in floodways.
e.
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of subsection 16-15.5c1 of these regulations and N.J.A.C. 7:13.
f.
Swimming pools. Intentionally deleted. Pursuant to subsection 16-16.6, pools are not permitted in flood hazard areas or floodways.
g.
Roads and watercourse crossings.
1.
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
2.
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of subsection 16-15.5c1 of these regulations.