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ORDINANCE 2016-01 Flood Damage Prevention

ADOPTED: March 1, 2016

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING SECTION 19-10 OF THE BOROUGH CODE, ENTITLED “FLOOD DAMAGE PREVENTION,” OF CHAPTER XIX

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WHEREAS, the Governing Body of the Borough of Point Pleasant Beach (hereinafter “Borough”) is a coastal community subject to flooding during storms; and

WHEREAS, the Borough endeavors to reduce the property damage associated with floods through appropriate regulations of the construction of buildings in Point Pleasant Beach; and

WHEREAS, the Borough has become aware of amendments necessary to coordinate the Borough’s regulations with those of the Federal and State governments; and

WHEREAS, the Borough Engineer has recommended the below amendments and supplements to Section 19-10 of the Development Code of Point Pleasant Beach in order to ensure continued flood damage prevention construction methods.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I.
Section 19-10 of Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Flood Damage Prevention” shall be amended as follows:

1. The following definitions shall be added to Section 19-10.2 entitled “Definitions.”

Best Available Flood Hazard Data — The most recent available flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM.

Best Available Flood Hazard Data Elevation — The most recent available flood elevation FEMA has provided. The Best Available Flood Hazard Data Elevation may be depicted on an Advisory Flood Hazard Area Map; Work Map; or Preliminary FIS and FIRM.

2. Section 19-10.3 (c) shall be deleted and replaced with the following:

(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 Base Flood Elevation conflict or overlap with the Best Available Flood Hazard Data, the more stringent requirement shall prevail.
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study, Maps, and Best Available documents are on file at 416 New Jersey Avenue, Point Pleasant Beach, New Jersey.

3. Section 19-10.5.2 shall be deleted and replaced with the following:

19-10.5.2 Specific Standards.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 19-10.3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 19-10.4.3b, Use of Other Base Flood Data, the following standards are required:
a. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation (published FIS/FIRM) or the best available flood hazard data elevation, whichever is more restrictive, plus three feet;
2. Require within any AO zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation whichever is more restrictive, plus three feet. And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
b. Nonresidential Construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
1. Either:
(a) Elevated to or above the base flood elevation or the best available flood hazard data elevation, whichever is more restrictive, plus three feet; and
(b) Require within any AO zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade one foot above the depth number specified in feet (at least three feet if no depth number is specified) or at or above the best available flood hazard data elevation, whichever is more restrictive, plus three feet. And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
2. Or:
(a) Be floodproofed so that below the base flood level , or the best available flood hazard data elevation, whichever is more restrictive, plus three feet, the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
(c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 19-10.4.3(c)(2)(b).
c. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with subsection 19-10.5.1(a)(2).
2. All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation or the best available flood hazard data elevation, whichever is more restrictive, plus three feet.

4. Section 19-10.5.4(b)(1)(a) shall be deleted and replaced with the following:

(a) 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 elevation, the best available flood hazard data elevation, or as required by the Uniform Construction Code (NJAC 5:23), whichever is more restrictive, and,

SECTION II.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION III.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as required by law and filing with the Ocean County Planning Board.

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Borough of Point Pleasant Beach
Stephen D. Reid, Mayor


NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 19th day of January, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 1st day of March, 2016, at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published January20, 2016 | New Ordinances | 2252


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