North Caldwell City Zoning Code
§ 107-30.1-801.2
Requirements for habitable buildings and structures.
Construction and Elevation in A Zones not including Coastal A Zones.
A.
No portion of a building is located within a V Zone.
B.
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
C.
All new construction and substantial improvement of any habitable building (as defined in § 107-30.1-201) 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 § 107-30.1-102.3, 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 § 107-30.1-102.3, 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:
(a)
Meets the requirements of ASCE 24 Chapters 2 and 7; and
(b)
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 § 107-30.1-801.2D(2) are met;
(3)
Be constructed to meet the requirements of ASCE 24 Chapter 2;
(4)
Have openings documented on an Elevation Certificate; and
(5)
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(a)
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(b)
The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
(c)
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;
