Borough of Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Haledon 12-9-1987 by Ord. No. 11-16-87. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 147.
Zoning — See Ch. 405.
The Legislature of the State of New Jersey has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Haledon, New Jersey, does find as follows:
A. 
It is found that the flood hazard areas of the Borough of Haledon are subject to recurring flooding and that such flooding damages and endangers life and property, causes health and safety hazards, disrupts commercial and governmental services, causes extraordinary public expenditures for flood protection and relief and impairs the tax base, all of which adversely affect the public health, safety and general welfare.
B. 
It is found that these flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas of uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.
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 to:
A. 
Restrict or prohibit uses which are dangerous to health, safety and property due to excessive water, erosion, flood heights or velocities.
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. 
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. 
Control filling, grading, dredging and other development which may increase erosion flood damage.
E. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
The objectives of this chapter are to:
A. 
Protect human life and health.
B. 
Minimize expenditures of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.
F. 
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas.
G. 
Ensure that potential home buyers are notified that property is in a flood area.
H. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Added 9-20-2007 by Ord. No. 8-16-2007]
A. 
Word usage. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the Building Inspector's or Planning Board's interpretation of any provisions of this chapter, or a request for a variance.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater chance of flooding to an average depth of one foot 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.
[Added 9-20-2007 by Ord. No. 8-16-2007]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
BASE FLOOD
The flood having a 1% 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, or storage of equipment or materials located within the area of special flood hazard.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
ELEVATED BUILDING
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 the ground level 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.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
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 (FIS)
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.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters.
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
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 prevention and reduction.
[Added 9-20-2007 by Ord. No. 8-16-2007]
FLOODWAY
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of structure.
[Added 9-20-2007 by Ord. No. 8-16-2007]
HISTORIC STRUCTURE
Any structure that is:
[Added 9-20-2007 by Ord. No. 8-16-2007]
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of 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 Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the 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 attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
MANUFACTURED HOME PARK or MANUFACTURED HOME 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 a floodplain regulation adopted by a community and includes subsequent improvements to such structures.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
[Added 9-20-2007 by Ord. No. 8-16-2007]
RECREATIONAL VEHICLE
A vehicle which is:
[Added 9-20-2007 by Ord. No. 8-16-2007]
(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, traveling, or seasonal use.
START OF CONSTRUCTION
For other than new construction of 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 a site, such as the pouring of a slab or footings, the installation of piles, 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, 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.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
SUBSTANTIAL DAMAGE
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.
[Added 9-20-2007 by Ord. No. 8-16-2007]
SUBSTANTIAL IMPROVEMENT
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 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:
[Amended 9-20-2007 by Ord. No. 8-16-2007]
(1) 
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
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter, where specific enforcement would result in unnecessary hardship.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Haledon.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
A. 
The areas of a special flood hazard for the Borough of Haledon, Community No. 340399, 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 September 28, 2007.
(2) 
Flood Insurance Rate Map for Passaic County, New Jersey (All Jurisdictions) as shown on Index and Panel Numbers 0204, 0208, 0212, 0216; the effective date of which is September 28, 2007.
B. 
The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at 510 Belmont Avenue, Haledon, NJ 07508.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
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 $1,000 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 Township of Haledon from taking such other lawful action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate or impair any existing easement, covenant 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.
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements.
B. 
Liberally construed in favor of the governing body.
C. 
Deemed neither to limit nor repeal any other powers granted under state statute.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
A. 
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 area of special flood hazards or uses permitted within such areas will be free from flooding or flood damage.
B. 
This chapter shall not create liability on the part of the Borough of Haledon, 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.
In addition to the criteria already required by law, the Construction Official shall review all building permit applications for new construction or substantial improvement to determine whether the building site will be reasonably free from flooding. If the building site exists in a location having special flood hazards, the building permit shall, in addition, meet the development permit requirements as provided in §§ 191-12, 191-13 and 191-14.
A development permit shall be obtained before construction or development begins within any area of special flood hazard. The following procedure shall govern the issuance of development permits required by this chapter:
A. 
The property owner shall apply to the Borough Construction Official for approval of development plans, which shall be submitted with the application. The plans shall include six copies of the site development plan, drawn to scale of not less than one inch equals 50 feet, with contour lines, based on United States Geological Survey datum, at five-foot vertical intervals for slopes averaging 10% or greater and two-foot vertical intervals for land of lesser slope, and shall show the following:
(1) 
Site data.
(a) 
The exact size, shape, location and elevation of existing and proposed buildings and structures.
(b) 
Any proposed fill or regrading.
(c) 
The exact dimensions and acreage of each lot or plot to be built upon or otherwise used.
(d) 
The elevations (United States Geological Survey datum) on the first floor and lowest floor, including the basement, of all structures.
(e) 
The elevation (United States Geological Survey datum) to which any nonresidential structure has been floodproofed.
(f) 
The location of the floodway and flood hazard limits.
(g) 
The location, layout and elevation of existing and proposed parking areas, driveways, drainage, sewer and water facilities and connections.
(h) 
Plantings, seedings, screening fences, signs and such other information as shall be reasonably required for an elevation of the effect of the development upon flood controls.
(2) 
Documents. In addition, the property owner shall submit the following:
(a) 
Certification by a licensed professional engineer or registered architect that any floodproofed structure meets the floodproofing criteria in §§ 191-18 and 191-20.
(b) 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(c) 
All necessary permits from federal, state or local governmental agencies from which prior approval is required.
(3) 
When base flood elevation and floodway data has not been provided in accordance with § 191-6, Designation of areas of special flood hazard, the Construction Official 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 § 191-19A, Residential construction, and § 191-19B, Nonresidential construction.
B. 
The Construction Official shall, within 30 days after receiving the application, forward the application and the development plans submitted with the application to the Planning Board for review. The Construction Official shall state whether the application and development plans conform to the provisions of Subsection A. If the application and/or development plans do not conform to Subsection A, the documents shall be returned to the property owner for correction within 45 days of submission of such application.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
C. 
If the application and development plans are in proper order, the Planning Board shall review the application and, after giving the property owner the opportunity to appear and be heard with respect to them, shall approve or disapprove the same, being guided in its action by the standards set forth in § 191-18. Approval may be conditional upon the applicant's adoption of specified changes and, as to applications for development in the floodway, approval of any governmental units as required by law. The Board shall state its finds and the reasons for its action in writing, and a copy thereof shall be given to the applicant.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
D. 
If the application shall be approved by the Planning Board and such other necessary governmental units as required by law, the Construction Official shall issue a permit for the development in accordance with such approval.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
E. 
If the Planning Board shall fail to take action within 90 days after the date of submission of the application and development plans to the Construction Official or within such further time as shall be agreed upon by the applicant, the application shall be considered approved.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
A. 
Appeal Board.
(1) 
The Borough Council of the Borough of Haledon shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Borough Council shall hear and decide appeals when it is alleged there is an error in any requirements, decision or determination made by the Planning Board in the enforcement or administration of this chapter.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
(3) 
Any person aggrieved by the decision of the Borough Council or any taxpayer may appeal such decision as provided by law.
(4) 
In passing upon such applications, the Borough Council 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 of 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 not subject to flooding or erosion damage for the proposed use.
(g) 
The compatibility of the proposed use with existing and anticipated development.
(h) 
The relationship of the proposed use to the Comprehensive Plan and the floodplain management program for 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.
(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) 
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, provided that Subsection A(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.
B. 
Upon consideration of the factors listed above and the purposes of this chapter, the Borough Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
C. 
The Construction Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
A. 
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 § 191-13, Subsection A(4)(a) through (k), have fully been considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variances increases.
B. 
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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause.
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3) 
A determination that the granting of a 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; or conflict with existing local laws or ordinances.
F. 
Any applicant to whom a variance is granted shall be given written notice of the lowest first-floor elevation to which the structure will be permitted to be built, 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.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
In addition to the aforementioned duties and to the criteria already required by law, the Construction Official shall perform the following duties:
A. 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
B. 
For all new or substantially improved floodproofed structures:
(1) 
Verify and record the actual elevation (in relation to mean sea level); and
(2) 
Maintain the floodproofing certifications required in § 191-12A(2).
C. 
Maintain for public inspection all records pertaining to the provisions of this chapter.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
Where any watercourse is to be altered or relocated, the Construction Official shall:
A. 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section, 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.
B. 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
The Construction Official 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). This interpretation shall be for purposes of determining building permit requirements. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.
In all areas of special flood hazard, the following provisions are 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 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.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new 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 system.
(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 conditions of flooding.
D. 
Subdivision proposals.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals 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 shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
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 have 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.
[Amended 9-20-2007 by Ord. No. 8-16-2007]
[Amended 9-20-2007 by Ord. No. 8-16-2007]
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 191-6, the following shall apply:
A. 
Residential construction.
(1) 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation;
(2) 
Within any AO Zone on the municipality's FIRM, 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 adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures.
B. 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either:
(1) 
Have the lowest floor, including basement, elevated to the level of the flood base elevation; or
(2) 
Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure 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; or, together with the attendant utilities and sanitary facilities, shall:
(a) 
Be floodproofed so that below the base flood level 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 Borough Construction Official.
C. 
Manufactured homes.
(1) 
Manufactured homes shall be anchored in accordance with § 191-18A.
(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.
Located within areas of special flood hazard established in § 191-6 are areas designated as floodways. Since the floodway in an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. 
Encroachments, including fill, new construction, substantial improvements and other development are prohibited, 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. 
Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 191-18 through 191-20.
C. 
In all areas of special flood hazard in which base flood elevation data has 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.