Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton 5-4-87 by Ord. No. 943-87. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Protection Commission — See Ch. 25.
Construction codes — See Ch. 144.
Excavations — See Ch. 163.
Land use and development — See Ch. 203.
Redevelopment plans — See Ch. 245.

§ 173-1 Statutory authorization.

The Legislature of the State of New Jersey has in state statutes delegated the responsibility to the local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Hamilton and State of New Jersey does ordain as follows.

§ 173-2 Findings.

The flood hazard areas of the Township of Hamilton 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. These flood losses are caused by the cumulative effect of obstruction 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.

§ 173-3 Purpose.

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:
A. 
To protect human life and health.
B. 
To minimize expenditures of public money for costly flood-control projects.
C. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
To minimize prolonged business interruptions.
E. 
To minimize damages to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard.
F. 
To 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. 
To ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 173-4 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter 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.
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 173-5 Definitions.

A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory still water elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
[Added 4-15-2013 by Ord. No. 1741-2013]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent annual chance event depicted on the Advisory Flood Hazard Map.
[Added 4-15-2013 by Ord. No. 1741-2013]
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management Agency has delineated the areas of advisory flood hazards applicable to the community.
[Added 4-15-2013 by Ord. No. 1741-2013]
APPEAL
A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
[Amended 4-15-2013 by Ord. No. 1741-2013]
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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.
DEVELOPMENT
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 located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
[Added 4-15-2013 by Ord. No. 1741-2013]
ELEVATED BUILDING
A nonbasement building which is 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, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (post and piers) or shear walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of 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. In areas of coastal high hazard, elevated building also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
[Added 4-15-2013 by Ord. No. 1741-2013]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance Administration has provided flood profiles as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 4-15-2013 by Ord. No. 1741-2013]
HISTORIC STRUCTURE
Any structure that is:
[Added 4-15-2013 by Ord. No. 1741-2013]
(1) 
Listed individually on 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;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states, without approved programs.
LOWEST FLOOR
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 as to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK or MANUFACTURED SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 4-15-2013 by Ord. No. 1741-2013]
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the longest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, 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 the site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the state 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, 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.
STRUCTURE
A walled and roofed building, a mobile home or a gas- or liquid-storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 4-15-2013 by Ord. No. 1741-2013]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for the improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

§ 173-6 Lands to which this chapter applies.

This chapter shall apply to all areas of flood hazard within the jurisdiction of the Township of Hamilton.

§ 173-7 Basis for establishing areas of special flood hazard.

[Amended 4-15-2013 by Ord. No. 1741-2013]
A. 
The areas of special flood hazard for the Township of Hamilton are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report "Flood Insurance Study for the Township of Hamilton," dated September 1986.
(2) 
Flood Insurance Rate Map for the Township of Hamilton, Atlantic County, New Jersey, as shown on Index and Panel(s) H and I 01 - 06, whose effective date is March 15, 1977.
(3) 
Advisory base flood elevations and advisory flood hazard maps titled: Dorothy NE, dated December 14, 2012; Mays Landing NW, dated December 14, 2012; and, Mays Landing SW, dated December 14 2012. These documents shall take precedence over previous panels and FIS in construction and development regulations only. Where the special flood hazard area (SFHA) and the advisory flood hazard area (AFHA) maps conflict or overlap, whichever imposes the more-stringent requirement shall prevail.
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 with the Township Clerk, Township Hall, Township of Hamilton, New Jersey.

§ 173-8 Penalties for noncompliance.

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 who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than 60 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 Township of Hamilton from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 173-9 Abrogation and greater restrictions.

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.

§ 173-10 Interpretation.

In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under state statutes.

§ 173-11 Warning and disclaimer of liability.

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 areas of special flood hazard or that uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Hamilton, 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.

§ 173-12 Development permit.

A. 
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 173-7. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include but not be limited to plans, in duplicate, drawn to scale and 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.
[Amended 4-15-2013 by Ord. No. 1741-2013]
B. 
Specifically, the following information is required:
(1) 
Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
(2) 
Elevation, in relation to mean sea level, to which any structure has been floodproofed.
(3) 
Certification by a registered professional engineer or architect that the floodproofing for any nonresidential structure meets the floodproofing criteria in § 173-17B.
(4) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 173-13 Designation of floodplain administrator.

[Amended 4-15-2013 by Ord. No. 1741-2013]
The floodplain administrator is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 173-14 Powers and duties of floodplain administrator.

[Amended 4-15-2013 by Ord. No. 1741-2013]
Duties of the floodplain administrator shall include but not be limited to:
A. 
Permit review. He shall:
(1) 
Review all development permits to determine that the permit requirements of this chapter 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 developmental permits for compliance with the provisions of § 173-16F, Encroachments.
B. 
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 173-7, Basis for establishing areas of special flood hazard, the floodplain administrator 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 § 173-17A, Residential construction, and § 173-17B, Nonresidential construction.
C. 
Information to be obtained and maintained. He shall:
(1) 
Obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.
(2) 
For all new substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation, in relation to mean sea level; and
(b) 
Maintain the floodproofing certifications required in § 173-12B(3).
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses. He shall:
(1) 
Notify adjacent communities and the state 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 that the flood-carrying capacity is not diminished.
E. 
Interpretation of FIRM boundaries. He shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 § 173-15.

§ 173-15 Variance procedure.

A. 
Appeal board.
(1) 
The Planning Board, as established by the Township of Hamilton, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
[Amended 4-15-2013 by Ord. No. 1741-2013]
(3) 
Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court, as provided in statute.
[Amended 4-15-2013 by Ord. No. 1741-2013]
(4) 
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter 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 § 173-15A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) 
The Township Clerk shall maintain the records of all appeal actions, including technical information, 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 the lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 173-15A(4)(a) through (k) has 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 reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(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 will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 173-15A(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.

§ 173-16 General standards.

[Amended 4-15-2013 by Ord. No. 1741-2013]
In all areas of special flood hazard, 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. 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
B. 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not limited to the 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.
C. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
D. 
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.
(4) 
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 condition of flooding.
E. 
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 contains at least 50 lots or five acres (whichever is less).
F. 
Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that 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 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 coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 173-17 Specific standards.

[Amended 4-15-2013 by Ord. No. 1741-2013]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 173-7, Basis for establishing areas of special flood hazard, or in § 173-14B, Use of other base flood data, the following standards are required:
A. 
Residential construction.
(1) 
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 at or above the base flood elevation or advisory base flood elevation, whichever is more restrictive, plus one foot;
(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 one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the advisory base flood elevation plus one foot, whichever is more restrictive; and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
B. 
Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities:
(1) 
Either:
(a) 
Elevated to or above the base flood elevation or advisory base flood elevation, whichever is more restrictive, plus one foot; and
(b) 
Require within any AO Zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the advisory base flood elevation plus one foot, whichever is more restrictive; and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
(2) 
Or:
(a) 
Be floodproofed so that below the base flood level plus one foot, or advisory base flood elevation plus one foot (whichever is more restrictive), the structure is watertight with walls substantially impermeable to the passage of water;
(b) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) 
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 § 173-14C(2)(b).
C. 
Manufactured homes.
(1) 
Manufactured homes shall be anchored in accordance with § 173-16B.
(2) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation or advisory base flood elevation, plus one foot (whichever is more restrictive).

§ 173-18 Floodways.

[Added 4-15-2013 by Ord. No. 1741-2013]
Located within areas of special flood hazard established in § 173-7 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. 
Encroachments are prohibited, 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.
B. 
If the section above (Subsection A) is satisfied, all new construction and substantial improvements must comply with the appropriate provisions of § 173-16, General standards, and § 173-17, Specific standards.
C. 
In all areas of special flood hazard in which base flood elevation data have been provided and no floodway has been designated, the cumulative 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.

§ 173-19 Repeal of inconsistent ordinances.

[Amended 4-15-2013 by Ord. No. 1741-2013]
All ordinances or parts of ordinances inconsistent herewith, including, by description but not limitation, Ordinance No. 716-78, are hereby repealed to the extent of any such inconsistencies.