[Ord. No. 67-82 § I; Ord. No. 526-2017]
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 Board of Commissioners
of the Borough of West Cape May of Cape May County, New Jersey does
ordain as follows.
[Ord. No. 67-82 § II; Ord. No. 526-2017]
a.
The flood hazard areas of the Borough of West Cape May 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 flood 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, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
[Ord. No. 67-82 § II; Ord. No. 526-2017]
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.
Protect human life and health;
b.
Minimize expenditure 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, 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 hazard assume
responsibility for their actions.
[Ord. No. 67-82 § II; Ord. No. 526-2017]
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
flood waters;
d.
Controlling filling, grading, dredging, and other development which
may increase flood damage; and,
e.
Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
in other areas.
[Ord. No. 67-82 § II; Ord. No. 118-87 § 1—3; Ord. No. 526-2017]
Unless specifically defined below, words or phrases used in
this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most reasonable
application.
Shall mean areas subject to inundation by 1-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base Flood Elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
Zone shall mean areas subject to inundation by 1-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
Shall mean a request for a review of the Construction Code
Official's interpretation of any provision of this chapter or
a request for a variance.
Shall mean a designated AO or AH Zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a 1% annual or greater
chance of flooding to an average depth of one 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.
Shall mean 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, V1-30, A, AO, A1-A30, AE, A99, or AH.
Shall mean a flood having a 1% chance of being equaled or
exceeded in any given year.
Shall mean 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. For zones VE
and V1-30 the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a 1 percent or greater chance of being equaled or exceeded
in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
Shall mean 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.
Shall mean any manmade 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.
Shall mean 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.
Shall mean a non-basement building (i) 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 base flood elevation plus
freeboard by means of piling, columns (posts and piers), or shear
walls parallel to the flow of the water, and (ii) 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 flood waters.
Shall mean the process of gradual wearing away of land masses.
Shall mean 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.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean 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.
Shall mean 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.
Shall mean the 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.
Shall mean 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.
Shall mean a factor of safety usually expressed in feet above
a flood level for purposes of flood plain management. Freeboard tends
to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for selected size
flood conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed or existing walls of a
structure.
Shall mean any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 historic places
in communities with historic preservation programs that have been
certified either:
Shall mean the lowest floor of the lowest enclosed area including
basement. An unfinished or flood resistant enclosure, useable 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 non-elevation design requirements
of 44 CFR Section 60.3.
Shall mean 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.
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean 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.
Shall mean 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.
Shall mean a vehicle which is (i) built on a single chassis;
(ii) 400 square feet or less when measured at the longest horizontal
projections; (iii) designed to be self-propelled or permanently towable
by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Shall mean (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. No. 97-348))
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.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank that is principally above ground.
Shall mean 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.
Shall mean any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or 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:
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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
Shall mean a grant of relief from the requirements of this
Chapter that permits construction in a manner that would otherwise
be prohibited by this Chapter.
Shall mean the failure of a structure or other development
to be fully compliant with this Chapter. 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.
[Ord. No. 67-82 § IIIA; Ord. No. 526-2017]
This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of West Cape May, Cape May
County, New Jersey.
[Ord. No. 67-82 § IIIB; Ord. No. 526-2017]
The areas of special flood hazard for the Borough of West Cape
May, Community No. 340160#, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
a.
A scientific and engineering report "Flood Insurance Study, Cape
May County, New Jersey (All Jurisdictions)" dated October 5, 2017.
b.
"Flood Insurance Rate Map for Cape May County, New Jersey (All Jurisdictions)"
as shown on Index and panel(s) 34009C0287F, 34009C0279F, 34009C0283F,
34009C0291F, whose effective date is October 5, 2017.
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 West Cape May Borough Hall, 732 Broadway,
West Cape May, New Jersey, 08204.
[Ord. No. 67-82 § IIIC; Ord. No. 526-2017]
No structure or land shall hereafter be constructed, re-located to, 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 liable to the penalty stated in Chapter 1, Section 1-5, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of West Cape May, from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 67-82 § IIID; Ord. No. 526-2017]
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Ord. No. 67-82 § IIIE; Ord. No. 526-2017]
In the interpretation and application of this Chapter, all provisions
shall be:
[Ord. No. 67-82 § IIIF; Ord. No. 526-2017]
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 damages.
This Chapter shall not create liability on the part of the Borough
of West Cape May, 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.
[Ord. No. 67-82 § IVA; Ord. No. 526-2017]
A Development Permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in subsection 23-3.2. Application for a Development Permit shall be made on forms furnished by the Construction Code Official 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; and the location of the foregoing. Specifically, the following information is required:
a.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
b.
Elevation in relation to mean sea level 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 subsection 23-5.2b; and,
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 67-82 § IVB; Ord. No. 526-2017]
The Construction Code Official is hereby appointed to administer
and implement this Chapter by granting or denying development permit
applications in accordance with its provisions.
[Ord. No. 67-82 § IVC—G; Ord. No. 526-2017]
Duties of the Construction Code Official shall include, but
not be limited to:
a.
Permit Review.
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.
b.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection 23-3.2 Basis for Establishing the Areas of Special Flood Hazard, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsections 23-5.2a, Specific Standards, Residential Construction, and 23-5.2b, Specific Standards, Nonresidential Construction.
c.
Information to Be Obtained and Maintained.
1.
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.
3.
Maintain for public inspection all records pertaining to the provisions
of this Chapter.
d.
Alteration of Watercourses.
1.
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.
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 non-flood causes.
2.
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of Substantial Damage Determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
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 subsection 23-4.4.
[Ord. No. 67-82 § IV; Ord. No. 118-87 § 4; Ord. No. 526-2017]
a.
Appeal Board.
1.
The Planning Board as established by Borough of West Cape May shall
hear and decide appeals and requests for variances from the requirements
of this ordinance.
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 Construction Code Official in the enforcement or administration
of this ordinance.
3.
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Superior Court of New Jersey, as provided
by law.
4.
In passing upon such applications, the Planning Board, shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this ordinance, 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 flood waters 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 subsection 23-4.4a.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 Construction Code Official 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 a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (a) through (k), paragraph
a.4, have been fully considered. As the lot size increases beyond
the one-half 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 only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
4.
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 increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public as identified in subsection 23-4.4a.4, or conflict with
existing local laws or ordinances.
5.
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.
[Ord. No. 67-82 § VA-D; Ord. No. 526-2017]
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 flood waters into the system;
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters;
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.
[Ord. No. 67-82 § VE; Ord. No. 526-2017]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 23-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 23-4.3b, Use of Other Base Flood Data, the following standards are required.
a.
Residential Construction.
1.
New construction and substantial improvement of any residential structure
located in an A or AE 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 base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive;
2.
Require within any AO or AH Zone on the municipality's FIRM
that all 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 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.
b.
Nonresidential Construction.
1.
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 or AE 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:
(a)
Elevated to or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
(b)
Require within any AO or AH Zone on the municipality's
DFIRM to elevate above the depth number specified in feet plus one
foot, above the highest adjacent grade (at least three feet (3) 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
(c)
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
(d)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and,
(e)
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in subsection 23-4.3c.2.
c.
Manufactured Homes.
1.
Manufactured homes shall be anchored in accordance with subsection
23-5.1a.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; and,
(d)
Be elevated on a permanent foundation such that the top of the
lowest floor is at or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
(e)
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than thirty-six (36") inches in height above grade and
be securely anchored to an adequately anchored foundation system to
resist floatation, collapse, and lateral movement
[Ord. No. 67-82 § V; Ord. No. 118-87 §§ 5-10]
Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in subsection 23-3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
b.
Construction Methods.
1.
Elevation. All new construction and substantial improvements shall
be elevated on piling or columns so that the bottom of the lowest
horizontal structural member of the lowest floor (excluding the piling
or columns) is elevated to or above the base flood level, with all
space below the lowest floor's supporting member open so as not
to impede the flow of water, except for breakaway walls as provided
herein.
2.
Structural Support.
(a)
All new construction and substantial improvements shall be securely
anchored on pilings or columns.
(b)
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values each of which
shall have a 1% chance of being equalled or exceeded in any given
100 year mean recurrence interval.
(c)
There shall be no fill used for structural support.
3.
Certification. A registered professional engineer or architect shall
develop or review the structural design specifications and plans for
the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for compliance with the provisions of this Chapter.
4.
Space Below the Lowest Floor.
(a)
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this Chapter shall not enclose the
space below the lowest floor unless breakaway walls, open-wood lattice
work or insect screening are used as provided for in this subsection.
(b)
Breakaway walls, open-wood lattice work or insect screening
shall be allowed below the base flood elevation provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design for safe loading of 20 pounds per square
foot (either by design or when so required by local or State codes)
may be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
(1)
Breakaway wall collapse shall result from a water load less
than that which would occur during the base flood, and
(2)
The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement or other structural
damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and nonstructural).
(c)
If breakaway walls are utilized, such enclosed space shall be
used solely for parking of vehicles, building access, or storage and
not for human habitation.
(d)
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Code Official for approval.
c.
Sand Dunes and Mangrove Stands. There shall be no alteration of sand
dunes which would increase potential flood damage.
