Prior ordinance history: Ordinance Nos. 85-27, 87-10,
87-30, 89-23, 91-22, 93-1, 13-10, 13-31 and 15-11.
[Ord. #17-16 § 1]
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 City Council of the
City of Ocean City of Cape May County, New Jersey does ordain as follows.
[Ord. #17-16 § 1]
a.
The flood hazard areas of the City of Ocean City 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. #17-16 § 1]
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. #17-16 § 1]
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. #17-16 § 1]
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.
Shall mean elevation shown on a community's Advisory
Flood Hazard Area Map that indicates the advisory stillwater elevation
plus wave effect (ABFE = SWEL + wave effect) resulting from a flood
that has a one (1%) percent or greater chance of being equaled or
exceeded in any given year.
Shall mean the land in the floodplain within a community
subject to flooding from the one (1%) percent annual chance event
depicted on the Advisory Flood Hazard Area Map.
Shall mean the official map on which the Federal Emergency
Management Administration has delineated the areas of advisory flood
hazards applicable to the community.
Shall mean area subject to inundation by one (1%) percent
annual-chance shallow flooding (usually areas of ponding) where average
depths are between one (1') and three (3') feet. Base Flood
Elevations (BFEs) derived from detailed hydraulic analyses are shown
in this zone.
Shall mean areas subject to inundation by one (1%) percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one (1') and three (3') feet.
Shall mean a request for a review of the interpretation of
the City's Business Administrator, or his designee, 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 one (1%) percent annual
or greater chance of flooding to an average depth of one (1')
to three (3') 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 one (1%) percent 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.
A garage or enclosed parking area attached to a building
without living space above it.
[Added 11-26-2019 by Ord.
No. 19-22]
Shall mean a flood having a one (1%) percent 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 one (1%) percent
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 one (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 the effective Flood Insurance Risk Maps or most
recent Advisory Flood Hazard Area Maps FEMA has provided.
Shall mean that which is depicted on the effective FIRM or
FIS, or an Advisory Flood Hazard Area Map or Advisory FIS.
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 the portion of the Special Flood Hazard Area (SFHA)
starting from a Velocity (V) Zone and extending up to the landward
Limit of the Moderate Wave Action delineation. Where no V Zone is
mapped the Coastal A Zone is the portion between the open coast and
the landward Limit of the Moderate Wave Action delineation. Coastal
A Zones may be subject to wave effects, velocity flows, erosion, scour,
or a combination of these forces. Construction and development in
Coastal A Zones are to be regulated the same as V Zones/Coastal High
Hazard Areas.
Shall mean an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open
coast and any other area subject to high velocity wave action from
storms or seismic sources.
The height requirement for all new construction and substantial
improvements which is determined by combining the base flood elevation
(BFE) shown on the adopted Flood Insurance Rate Map (FIRM) with freeboard
as required by this chapter or other governing entity, whichever is
higher.
[Added 11-26-2019 by Ord.
No. 19-22]
Shall mean 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.
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.
A combination of measures that results in a structure, including
the attendant utilities and equipment, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
[Added 11-26-2019 by Ord.
No. 19-22]
Shall mean a non-basement building (i) built, in the case
of a building in an Area of Special Flood Hazard, to have the bottom
of the elevated floor or, in the case of a building in a Coastal High-Hazard
Area or Coastal A Zone, to have the bottom of the lowest horizontal
structural member 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. In Areas of Coastal High Hazard and Coastal A Zones "elevated
buildings" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
[Amended 11-26-2019 by Ord. No. 19-22]
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 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 a 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
next to the proposed or existing walls of a structure.
[Amended 11-26-2019 by Ord. No. 19-22]
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 inland limit of the area affected by waves greater
than 1.5 feet during the Base Flood. Base Flood conditions between
the V Zone and the LiMWA will be similar to, but less severe than
those in the V Zone.
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 (1) 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 (2) 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 continuous or nearly continuous mound or ridge
of sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping
from high tides and waves from coastal storms. The inland limit of
the primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
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 naturally occurring or man-made accumulations
of sand in ridges or mounds landward of the beach.
An area shown on a Flood Insurance Rate Map (FIRM) that is
outside of the area with a 1% chance of flooding within a given year,
but within an area with a 0.2% chance of flooding within a given year.
[Added 11-26-2019 by Ord.
No. 19-22]
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 fifty (50%) percent of the market value
of the structure before the damage occurred. A structure can be determined
as substantially damaged regardless of whether the damage is repaired
or not.
[Amended 11-26-2019 by Ord. No. 19-22]
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.
Costs for work performed on projects within a calendar year must be
included when determining whether a proposed improvement is a substantial
improvement. For previous work to be excluded from the substantial
improvement determination, a calendar year must elapse after the date
of the certificate of approval or certificate of occupancy for the
previous project and the commencement of the proposed work. The term
does not, however, include either:
[Amended 11-26-2019 by Ord. No. 19-22]
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
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.
A floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the elevation required by this chapter by intentionally
allowing those areas to flood.
[Added 11-26-2019 by Ord.
No. 19-22]
An area shown on a Flood Insurance Rate Map (FIRM) that is
outside of the area with a 0.2% chance of flooding within a given
year.
[Added 11-26-2019 by Ord.
No. 19-22]
[Ord. #17-16 § 1; amended 11-26-2019 by Ord. No. 19-22]
This chapter shall apply to "all mapped special flood hazard
jurisdictions" of the City of Ocean City.
[Ord. #17-16 § 1]
The areas of special flood hazard for the City of Ocean City,
Community No. 345310, 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) 34009C0069F, 34009C0088F, 34009C0086F
34009C0087F, 34009C0089F, 34009C0093F, 34009C0091F, 34009C0176F, 34009C0157F,
34009C0159F, whose effective date is October 5, 2017.
c.
Best Available Flood Hazard Data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or Advisory Base Flood Elevation
conflict or overlap, whichever imposes the more stringent requirement
shall prevail.
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 115 E 12th Street, Ocean City, New Jersey.
[Ord. #17-16 § 1]
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 fined not more than
five hundred ($500.00) dollars or imprisoned for not more than ninety
(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 City of Ocean City from taking such other lawful
action as is necessary to prevent or remedy any violation.
[Ord. #17-16 § 1]
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. #17-16 § 1]
In the interpretation and application of this Chapter, all provisions
shall be:
[Ord. #17-16 § 1]
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 City
of Ocean City, 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. #13-31, § 21-3.7; Ord. #17-16 § 1]
In order to create and maintain a unified dune system, the City
hereby adopts as its policy the report of Coastal and Marina Engineering
Consultants, Inc. entitled "A Dune Establishment and Maintenance Program
for the City of Ocean City, New Jersey" dated June 1, 1988. The creation
and maintenance of sand dunes consistent with said report is hereby
authorized, notwithstanding the provisions of any ordinance, including
provisions of this Chapter to the contrary. The alteration of any
existing sand dunes in order specifically to create and maintain other
existing or new dunes is hereby authorized, provided the said alteration
will not increase the flood potential of the property behind the sand
dune so altered, and further provided that said action is undertaken
by appropriate representatives of the City of Ocean City.
[Ord. #17-16 § 1]
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 21-3.2. Application for a Development Permit shall be made on forms furnished by the City's Business Administrator, or his designee 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 21-5.2b; and,
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
e.
The description of any materials proposed below the design flood
elevation (DFE).
[Added 11-26-2019 by Ord.
No. 19-22]
f.
The elevation of the grade adjacent to the proposed structure.
[Added 11-26-2019 by Ord.
No. 19-22]
[Ord. #17-16 § 1]
The City's Business Administrator, or his designee is hereby
appointed to administer and implement this Chapter by granting or
denying development permit applications in accordance with its provisions.
[Ord. #17-16 § 1]
Duties of the City's Business Administrator, or his designee
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.
3.
Review all development permits in the coastal high hazard and Coastal
A Zone area of the area of special flood hazard to determine if the
proposed development alters sand dunes or other natural coastal protections
so as to increase potential flood damage.
b.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subsection 21-3.2, Basis For Establishing the Areas of Special Flood Hazard, the City's Business Administrator, or his designee shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer subsections 21-5.2a, Specific Standards, Residential Construction, and 21-5.2b., 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.
In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of subsections 21-5.3b,1 and 21-5.3b,2(1) and (2) are met.
4.
Maintain for public inspection all records pertaining to the provisions
of this Chapter.
d.
Alteration of Watercourse.
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control 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,
Bureau of Flood Control.
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 21-4.4.
[Ord. #17-16 § 1]
a.
Appeal Board.
1.
The Ocean City Planning Board shall serve as Ocean City's Flood
Damage Prevention Appeal Board and shall hear and decide appeals and
requests for variances from the requirements of this Chapter.
(a)
Notice of Applications.
(1)
Applications for appeal of decisions of the Construction Code
Official, and applications for variances shall be filed with the Secretary
to the Appeal Board. The application for appeal shall be filed on
forms provided by the Appeal Board. When presenting the application,
the applicant shall provide ten (10) copies of any plans, drawings,
surveys, reports or other written documents upon which the applicant
relied when seeking a development permit.
(2)
Notice of hearing for a variance pursuant to Subsection 21-4.4a, 1 and 2 shall be given to the owners of all real property as shown on the current tax duplicates, located within two hundred (200') feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of
common elements or areas located within two hundred (200') feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
(3)
Upon the written request of an applicant the Tax Assessor of Ocean City shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection a,1(a)(2) of this subsection. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed twenty-five ($.25) cents per name, or ten ($10.00) dollars, whichever is greater, may be charged for such list.
(4)
The applicant shall file an affidavit of proof of service with
the Appeal Board holding the hearing on a variance.
(5)
Following the receipt of a completed appeal application, the
Appeal Board shall meet and consider the applicable within forty-five
(45) days.
(b)
Hearing.
(1)
The Appeal Board shall make the rules governing hearings. Any
applications, maps, surveys or other documents filed in connection
with an application shall be available for public inspection at least
ten (10) days before the date of the hearing, during normal business
hours in the office of the Construction Code Official. The applicant
may produce other documents, records, or testimony at the hearing
to substantiate or clarify or supplement the previously filed maps
and documents.
(2)
The officer presiding at the hearing or such person as he may
designate shall have power to administer oaths.
(3)
The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
(4)
Technical rules of evidence shall not be applicable to the hearing,
but the Appeal Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
(5)
The Appeal Board shall provide for the verbatim recording of
the proceedings by either stenographer, mechanical or electronic means.
The Appeal Board shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
(6)
The Appeal Board shall include findings of fact and conclusions
based thereon, in each decision on any appeal or variance request.
Said findings and conclusions shall be reduced to writing.
[a]
A memorializing resolution shall be adopted at
a meeting held not later than forty-five (45) days after the date
of the meeting at which the Appeal Board voted to grant or deny approval.
Only members of the Appeal Board who voted for the action taken may
vote on the memorializing resolution, and the vote of a majority of
such members present at the meeting at which the resolution is presented
for adoption shall be sufficient to adopt the resolution. If the Appeal
Board fails to adopt a resolution or memorializing resolution as hereinabove
specified, any interested party may apply to the Superior Court in
a summary manner for an order compelling the Appeal Board to reduce
its findings and conclusions to writing within a stated time.
(7)
A copy of the decision shall be mailed by the Appeal Board within
ten (10) days of the date of decision to the applicant or, if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the Appeal Board in the office of the Construction
Code Official. The Construction Code Official shall make a copy of
such filed decision available to any interested party for a reasonable
fee and available for public inspection at his office during reasonable
hours.
(c)
Scope of Review.
2.
The Flood Damage Prevention Appeal Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the City's Business Administrator, or
his designee in the enforcement or administration of this Chapter.
3.
Those aggrieved by the decision of the Flood Damage Prevention Appeal
Board, or any taxpayer, may appeal such decision to the Superior Court
of New Jersey, as provided in statute.
4.
In passing upon such applications, the Flood Damage Prevention Appeal
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 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 21.4-4a,4 and the
purposes of this chapter, the Flood Damage Prevention Appeal Board
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this Chapter.
6.
The City's Business Administrator, or his designee 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) — (k) in Subsection
21-4a,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 21-4.4a,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. #17-16 § 1]
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.
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.
3.
The floor of any enclosure below a building or structure must be
constructed at or above the lowest adjacent grade.
[Added 11-26-2019 by Ord.
No. 19-22]
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.
5.
All new, (not replacement) mechanical, electrical, or plumbing systems
shall be located at or above the design flood elevation (DFE).
[Added 11-26-2019 by Ord.
No. 19-22]
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 fifty (50)
lots or five (5) 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 (2) openings in at least two (2) different
walls of each enclosed area, having a total net area of not less than
one (1) 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 (1) 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 11-26-2019 by Ord. No. 19-22]
[Ord. #17-16 § 1]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in section 21-3.2, Basis for Establishing the Areas of Special Flood Hazard or in Subsection 21-4.3b, Use of Other Base Flood Data, the following standards are required:
a.
Residential Construction.
1.
For Coastal A Zone construction see Subsection 21-5.3 Coastal High Hazard Area and Coastal A Zone.
2.
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 best available flood
hazard data elevation plus two (2) feet or as required by ASCE/SEI
24-14, Table 2-1, whichever is more restrictive;
3.
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 two (2') feet, above
the highest adjacent grade (at least three (3') 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.
4.
New construction, substantial damage repairs, and substantial improvements
of any residential structure located wholly within an X Zone or Shaded
X Zone shall conform to the requirements of the highest adjacent A
or AE Zone located on the landward side of the dune or bulkhead.
[Added 11-26-2019 by Ord.
No. 19-22]
5.
All newly created residential space not for parking, access, or storage,
must be located at or above the design flood elevation (DFE).
[Added 11-26-2019 by Ord.
No. 19-22]
6.
Any enclosed space below the design flood elevation (DFE) shall be
used solely for parking of vehicles, building access, or limited storage
and not for human habitation.
[Added 11-26-2019 by Ord.
No. 19-22]
b.
Nonresidential Construction. In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see subsection 21-5.3 Coastal High Hazard Area and Coastal A Zone) shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities as well as all electrical, heating, ventilating, air-conditioning and other service equipment:
1.
Either:
[Amended 11-26-2019 by Ord. No. 19-22]
(a)
Elevated to or above the best available flood hazard data elevation
plus two feet 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 two
feet 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;
2.
Or:
(a)
Be floodproofed so that below the best available flood hazard data
elevation plus two feet 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;
[Amended 11-26-2019 by Ord. No. 19-22]
(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 subsection 21-4.3c,2(b).
3.
New construction, substantial damage repairs, and substantial improvements
of any commercial structure located wholly within an X Zone or Shaded
X Zone shall conform to the requirements of the highest adjacent A
or AE Zone located on the landward side of the dune or bulkhead.
[Added 11-26-2019 by Ord.
No. 19-22]
c.
Manufactured Homes.
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 best available flood hazard data elevation
plus two (2') feet or as required by ASCE/SEI 24-14, Table 2-1,
whichever is more restrictive; and,
(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 flotation, collapse and lateral movement.
[Ord. #17-16 § 1]
Coastal High Hazard Areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in subsection 21-3.2. 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:
(a)
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the best available flood hazard data elevation plus two feet, or as
required by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive;
and
[Amended 11-26-2019 by Ord. No. 19-22]
(b)
All electrical, heating, ventilating, air-conditioning, mechanical
equipment and other equipment servicing the building is elevated two
feet above base flood elevation; and
[Amended 11-26-2019 by Ord. No. 19-22]
2.
Structural Support.
(a)
All new construction and substantial improvements shall be securely
anchored on piling 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 one (1%) percent chance of being equaled or exceeded
in any given year (100-year mean recurrence interval).
(c)
Prohibit the use of fill for structural support of buildings
within Zones V1-30, VE, V, and Coastal A on the community's FIRM.
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 subsections 21-5.3b,1 and 21-5.3b.2(a)—(b).
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 section.
(b)
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the design flood elevation (DFE) 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 ten (10) and no more than twenty (20) pounds per square foot.
Use of breakaway walls which exceed a design safe loading of twenty
(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.
[Amended 11-26-2019 by Ord. No. 19-22]
(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 load acting simultaneously
on all building components (structural and non-structural). Water
loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State
or local building standards.
(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 or Building Subcode Official
for review.
[Amended 11-26-2019 by Ord. No. 19-22]
c.
Sand Dunes. Prohibit man-made alteration of sand dunes within Coastal
A Zones, VE and V Zones on the community's DFIRM which would
increase potential flood damage.
