Prospect Park City Zoning Code
PART 7
Flood Hazard Areas
§ 235-2801 Statutory authorization.
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 Borough of Prospect Park of New Jersey does ordain as follows.
§ 235-2802 Findings of fact.
A.
The flood hazard areas of the Borough of Prospect Park 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 floods 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, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
§ 235-2803 Purpose.
It is the purpose of this article 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 to rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruption;
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 sound 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 assume responsibility for their actions.
§ 235-2804 Methods of reducing flood losses.
In order to accomplish its purposes, this article includes methods and provisions for:
A.
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.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage; and
E.
Preventing or regulating the construction of flood which will unnaturally divert floodwaters or may increase flood hazards in other areas.
§ 235-2805 Flood regulation definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.
A request for a review of the Borough Engineer's interpretation of any provision of this article or a request for a variance.
A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% annual or greater chance of flooding to an average depth of one feet 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 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, VI-30, A, AO, A1-A30, AE, A99, or AH.
The flood having a 1% 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 1% 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.
The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data elevation may be depicted on an Advisory Flood Hazard Area Map, Work Map or Preliminary FIS and FIRM.
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.
Any man-made change to improve 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.
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 elevated above 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 floodwaters.
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a required for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
The process of 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.
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents.
An American Society of Civil Engineers (ASCE) classification of buildings and other structures for determination of flood loads and conditions and determination of minimum elevation requirements on the basis of risk associated with unacceptable performance.
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.
Certification by an engineer or architect to certify a floodproofing design for a nonresidential building.
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 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 a selected size flood and floodway 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 walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 history places in communities with historic preservation programs that have been certified either:
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 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.
The draft version of the FIRM released for public comment before finalization and adoption.
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.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348)[1] 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 pilings, 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 aboveground.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition 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 exceeds 50% of the market value of the structure before the start of the 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
A grant of relief from the requirements of this article that permits construction in a manner that would otherwise be prohibited by this article.
The failure of a structure or other development to be fully compliant with this article. 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.
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
§ 235-2806 Applicability.
This article shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Prospect Park, Passaic County, New Jersey.
§ 235-2807 Basis for establishing areas of special flood hazard.
A.
The areas of special flood hazard for the Borough of Prospect Park, Community No. 340406, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report "Flood Insurance Study, Passaic County, New Jersey (All Jurisdictions)," dated April 17, 2020.
(2)
"Flood Insurance Rate Map for Passaic County, New Jersey (All Jurisdictions)" as shown on Index and Panel Nos. 34031C0208G, 34031C0216G, whose effective date is April 17, 2020.
B.
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 106 Brown Ave, Prospect Park, New Jersey 07508.
§ 235-2808 Violations and penalties.
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connections with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,000 or imprisoned for not more than 90 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 Borough of Prospect Park from taking such other lawful action as is necessary to prevent or remedy any violation.
§ 235-2809 Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 235-2810 Interpretation.
§ 235-2811 Warning and disclaimer of liability.
A.
The degree of flood protection required by this article is considered reasonable for regularly 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 article 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 article shall not create liability on the part of the Borough of Prospect Park, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 235-2812 Establishment of development permit.
The Borough of Prospect Park shall establish and maintain a local development permitting system to determine whether such proposed construction or other development is reasonably safe from flooding. A local development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 235-2807. Application for a development permit shall be made on forms furnished by the Borough 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; a description of the flood design class; and the location of the foregoing. Specifically, the following information is required:
A.
Elevation in relation to zero foot elevation NAVD 88 datum of the lowest floor (including basement) of all structures;
B.
Elevation in relation to zero foot elevation NAVD 88 datum to which any structure has been floodproofed;
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 235-2817;
D.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
E.
Any forms, plans, or information required pursuant to any applicable FEMA publication.
§ 235-2813 Designation of local administrator.
The Borough Engineer is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
§ 235-2814 Duties and responsibilities of local administrator.
Duties of the Borough Engineer shall include, but not be limited to:
A.
Permit review.
(1)
Review all development permits to determine that the permit requirements of this article 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 § 235-2818A are met.
(4)
Review all permit applications to determine whether proposed building sites are reasonably safe from flooding;
(5)
Review all permit applications to determine whether development complies with all applicable FEMA publications;
(6)
Review all permit applications to determine whether development complies with all applicable New Jersey land use requirements.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 235-2807, Basis for establishing areas of special flood hazard, the Borough 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 § 235-2817A, Specific standards, Residential construction, and § 235-2817B, Specific standards, Nonresidential construction.
C.
Information to be obtained and maintained.
(1)
Obtain and record on a current elevation certificate the actual elevation (in relation to zero foot elevation NAVD 88 datum) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(3)
Record the study date of the best available flood hazard data (and other documents) used to determine the actual elevation of the lowest floor (including basement) of all new or substantially improved structures; and
(4)
Maintain for public inspection all records pertaining to the provisions of this article.
D.
Alteration of watercourses.
(1)
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Engineering 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.
Substantial damage review.
(1)
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.
(2)
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, Bureau of Flood Engineering.
F.
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 § 235-2815.
G.
Report changes in flooding conditions. Obtain and record changes in flooding conditions and report the technical or scientific data to the Federal Insurance Administrator on a six-month basis or sooner in accordance with 44 CFR 65.3.
§ 235-2815 Variance procedure.
A.
Flood prevention development permit review board.
(1)
The Land Use Board of the Borough of Prospect Park Board as established by N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, shall hear and decide appeals and requests for variances from the requirements of this article.
(2)
The Land Use Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Borough Engineer in the enforcement or administration of this article.
(3)
Those aggrieved by the decision of the Land Use Board, or any taxpayer, may appeal such decision to the Passaic County Superior Court of New Jersey, as provided by law.
(4)
In passing upon such applications, the Land Use Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article and:
(a)
The danger that materials may be swept onto other lands to the injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility to the community;
(e)
The necessity to the facility of a waterfront location, where applicable;
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated development;
(h)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j)
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)
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)
Upon consideration of the factors of § 235-2815A(4) and the purpose of this article, the Land Use Board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this article.
(6)
The Borough Engineer shall maintain the records of all appeal actions, including technical information and the justification for their issuance, and report any variances to the Federal Insurance Administration upon request.
B.
Conditions for variances.
(1)
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 § 235-2815A(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.
(2)
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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increase flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 235-2815A(4), or conflict with existing local laws or ordinances.
(6)
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.
§ 235-2816 General standards for flood hazard reduction.
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:
A.
Anchoring.
(1)
All new construction 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.
Subdivision proposals.
(1)
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
(2)
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;
(3)
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(4)
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).
E.
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 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
§ 235-2817 Specific standards for flood hazard reduction.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 235-2807, Basis for establishing areas of special flood hazard, or in § 235-2814B, Use of other base flood data, the following standards are required:
A.
Residential construction. New construction and substantial improvement of any residential structure located in an A, AE, AO or AH Zone 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 at or above the more restrictive of the following:
(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), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(3)
Record the method and elevation used above and the best available flood hazard design data elevation, date and revision in the local development permit.
B.
Nonresidential construction. 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, AE, AO or AH Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment:
(1)
Either:
(a)
Elevated at or above the more restrictive of the following:
[2]
For AO or AH Zones on the municipality's FIRM 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;
[3]
Record the method and elevation used above and the best available flood hazard design data elevation, date and revision in the local development permit.
(2)
Or:
(a)
Be floodproofed so that below the more restrictive of the following:
[1]
For A or AE Zones:
[a]
Base flood elevation (published FIS/FIRM) plus one foot;
[b]
The best available flood hazard data elevation plus one foot;
[c]
As required by ASCE/SEI 24-14, Table 6-1; or
[d]
As required by N.J.A.C. 7:13-3.
[e]
AO or AH Zone elevation based upon the highest adjacent grade, plus the depth number specified in feet, plus one foot, (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]
The structure is watertight with walls substantially impermeable to the passage of water;
[3]
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[4]
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 section § 235-2812C and § 235-2814C(2)(b).
[5]
Record the method and elevation used above and the best available flood hazard design data elevation, date and revision in the local development permit.
C.
Manufactured homes.
(1)
Manufactured homes shall be anchored in accordance with § 235-2816A(2).
(2)
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Be constructed to minimize flood damage;
(c)
Have adequate drainage provided to reduce exposure to flood damage;
(d)
Be elevated on a permanent foundation such that the top of the lowest floor is at or above the more restrictive of the following:
[1]
Base flood elevation (published FIS/FIRM) plus one foot;
[2]
The best available flood hazard data elevation plus one foot; or
[3]
As required by ASCE/SEI 24-14, Table 2-1;
[4]
As required by N.J.A.C 7:13-3.;
[5]
AO or AH Zone elevation based upon the highest adjacent grade, plus the depth number specified in feet, plus one foot (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;
[6]
Record the method and elevation used above and the best available flood hazard design data elevation, date and revision in the local development permit.
§ 235-2818 Floodways.
Located within areas of special flood hazard established in § 235-2807 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, no new construction, substantial improvements, fill, or other development shall be permitted, unless it is demonstrated that the accumulative 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.