Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-10.1.2
Applicability.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
b.
Establishment of flood hazard areas. The Borough of Point Pleasant Beach was accepted for participation in the National Flood Insurance Program on June 15, 1979. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file in the Building Department, at Borough Hall, located at 416 New Jersey Avenue, Point Pleasant Beach, New Jersey. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
1.
Effective Flood Insurance Study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Ocean County, New Jersey (All Jurisdictions), Number 34029CV001B, Version Number 2.3.3.2, bearing an effective date of September 29, 2006, and a revision date of June 20, 2018, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1), whose effective date is June 20, 2018, are hereby adopted by reference.
Table 19-10.1.2b1 | |||||
|---|---|---|---|---|---|
Map Panel No. | Effective Date | Revision Letter | Map Panel No. | Effective Date | Revision Letter |
34029C0206 | 6/20/2018 | G | |||
2.
Federal best available information. The Borough of Point Pleasant Beach shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include, but is not limited to, preliminary flood elevation guidance from FEMA (such as advisory flood hazard area maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 19-10.1.2b2 | |||
|---|---|---|---|
Map Panel No. | Preliminary Date | Map Panel No. | Preliminary Date |
34029C0206 | 3-28-2014 | ||
3.
Other best available data. The Borough of Point Pleasant Beach hereby designates all lands east of Ocean Avenue, between the Manasquan Inlet and N.J.S.H. Route 35, including those areas which are designated as AO, X, and Shaded X Zones, as a flood hazard protection area (FHPA) after considering the most restrictive of the effective Flood Insurance Study and other federal best available information described in Subsection 19-10.1.2b1. This FHPA is designated because of the erodibility of the underlying soil characteristics and the vulnerability of structures in these areas to erosion and scour if dunes and/or flood protection infrastructure seaward of these areas are breached.
(a)
Notwithstanding any other requirement imposing a higher standard, new construction and substantial improvement of any residential, commercial, industrial or other nonresidential structure located east of Ocean Avenue shall comply with Coastal A Zone construction.
(b)
Notwithstanding any other requirement imposing a higher standard, new construction and substantial improvement of any residential structure located east of Ocean Avenue shall have the lowest floor of habitable space, including basement, together with the attendant utilities (including all electrical, heating, ventilating, airconditioning and other service equipment) and sanitary facilities, elevated at or above Elevation 12.
(c)
Notwithstanding any other requirement imposing a higher standard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located east of Ocean Avenue shall have the lowest floor of habitable space, including basement, together with the attendant utilities and sanitary facilities, as well as all electrical, heating, ventilating, air-conditioning and other service equipment:
(2)
Or:
(i)
Be floodproofed so that below Elevation 12 the structure is watertight with walls substantially impermeable to the passage of water;
(ii)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii)
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 Subsection 19-10.1.3o.
4.
The Borough of Point Pleasant Beach shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough of Point Pleasant Beach. Other best available information may not be used, which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in 19-10.1.2b1 and 2, above. This information shall be used for floodplain regulation purposes only.
5.
State regulated flood hazard areas. For state regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act design flood elevation," as defined in Subsection 19-10.2, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA.
c.
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection 19-10.1.2b, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities, as specified by the building code, plus additional freeboard, as specified by this section. At a minimum, the local design flood elevation shall be as follows:
1.
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Subsection 19-10.1.2b, above, plus three feet or as described by N.J.A.C. 7:13 of freeboard, whichever is more; or
2.
For any undelineated watercourse (where mapping or studies described in Subsection 19-10.1.2b1 and 2 above are not available) that has a contributary drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
(a)
A copy of an unexpired NJDEP flood hazard area verification, plus additional three feet of freeboard to comply with this section; or
(b)
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) which includes three feet of freeboard and is sealed and submitted according to Subsection 19-10.1.5b and c.
3.
AO Zones. Except as designated in Subsection 19-10.1.2b3, for Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade, plus the depth number specified plus three feet of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
4.
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
5.
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
6.
Flood hazard protection areas. The local design flood elevation for areas designated on FEMA FIRM maps as AO, X, and Shaded X Zones determined using the best available flood hazard data area shall be the higher of 12 feet NAVD88 or the elevation established for any adjacent V or A Zone established by the Flood Hazard Area Control Act (N.J.A.C. 7:13) regulations promulgated after the date of this section.