BOROUGH OF AVALON
CAPE MAY COUNTY
NEW JERSEY
ORDINANCE No. 752-2016
AN ORDINANCE AMENDING CHAPTER 19 (FLOOD DAMAGE
PREVENTION) OF THE CODE OF THE BOROUGH OF AVALON, 2013
PERTAINING TO FLOOD ELEVATION FOR ACCESSORY
STRUCTURES AND ADDING CERTAIN DEFINITIONS
WHEREAS, the Construction Official, Fire Official and Fire Subcode Official have recommended certain amendments to Chapter 19 (Flood Damage Prevention) of the Code of the Borough of Avalon, 2013 (hereafter “BOROUGH CODE” or “CODE”) pertaining to the elevation for accessory structures and the elevation for attendant utilities and equipment associated with such accessory structures and said individuals have further recommended the revision to and the addition of certain definitions as herein specified; and
WHEREAS, all of these recommended changes have been reviewed, approved and recommended by the Borough Engineers, Mott MacDonald; and
WHEREAS, all of the proposed recommendations are consistent with Document 24-14 prepared by the American Society of Civil Engineers (ASCE) and commonly and generally referred to as “ASCE 24” which document has been approved by FEMA; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF AVALON, in the County of Cape May and State of New Jersey as follows:
SECTION 1: Chapter 19 of the Code of the Borough of Avalon, 2013, is hereby amended and supplemented as follows:
[Editorial Note: Amended or modified text is presented in bold-face italics and underlined.]
19-1STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
19-1.1[No change or modification]
a.[No change or modification]
b.[No change or modification]
19-1.2Findings of Fact.[No change or modification]
a.[No change or modification]
b.[No change or modification]
19-1.3Statement of Purpose.[No change or modification]
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
f.[No change or modification]
g.[No change or modification]
h.[No change or modification]
19-1.4Methods of Reducing Flood Losses.[No change or modification]
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
19-2DEFINITIONS.
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.
Appeal–[No change or modification]
Area of Shallow Flooding –[No change or modification]
Area of Special Flood Hazard–[No change or modification]
NEW:
ASCE – American Society of Civil Engineers(Ord. No. 752-2016)
NEW:
ASCE 24 – Document prepared by American Society of Civil Engineers and adopted by FEMA. At times referred to as ASCE 24-14. (Ord. No. 752-2016)
Attendant utilities and Equipment – Utilities, mechanical, electrical, fuel gas, plumbing, HVAC, and related equipment, as well as services associated with new construction and substantial improvements. (Ord. No. 752-2016) [Source ASCE 24-14 definition]]
Base Flood Elevation - The coastal water surface elevation of a flood having a one (1%) percent annual chance of being equaled or exceeded in any given year. It is expressed in feet referenced to the North American Vertical Datum of 1988 (NAVD88) and can reflect the elevation of a Flood Zone VE or AE. The elevations are shown on the Preliminary Work Map issued by FEMA asfollows: panels no. 0252 and 0254 updated June 30, 2014 and panels no. 0234, 0251 and 0253 updated January 30, 2015 and as the same may thereafter be further modified or revised by FEMA. (Ord. No 752-2016) [Cross Reference Ord No. 749-2016]
Basement–[No change or modification]
Breakaway Wall - [No change or modification]
Coastal High Hazard Area–[No change or modification]
Development–[No change or modification]
Digital Flood Insurance Rate Map (DFIRM)–[No change or modification]
Elevated Building - 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 or, in the case of a building in a coastal high-hazard areaor Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation 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 hazardand Coastal A Zone "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazardor Coastal A Zone"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. (Ord. No. 752-2016)
Erosion– [No change or modification]
NEW:
FEMA – Federal Emergency Management Agency
Flood or Flooding–[No change or modification]
Flood Hazard Area (FHA)–[No change or modification]
Flood Hazard Map–[No change or modification]
.
Flood Insurance Rate Map (FIRM)–[No change or modification]
Flood Insurance Study (FIS)–[No change or modification]
Flood Zones -
AE- Areas subject to inundation by one (1%) percent annual chance flood event determined by detailed methods.
AO- Areas subject to inundation by one (1%) percent chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one (1) and three (3) feet.
COASTAL A ZONE – 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 is to be regulated the same a V Zones/Coastal High Hazard Areas. (Ord. No. 752-2016)
VE- Areas subject to inundation by the one (1%) percent chance flood event with additional hazards due to storm-induced velocity wave action.
Floodplain Management Regulations–[No change or modification]
Flood-Proofing –[No change or modification]
Freeboard–[No change or modification]
Freeboard Elevations–[No change or modification]
Highest Adjacent Grade–[No change or modification]
Historic Structure–[No change or modification]
Increase Cost of Compliance (ICC)–[No change or modification]
NEW:
Limit of Moderate Wave Action (LiMWA) – 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. (Ord. No. 752-2016)[Source: ASCE 24 Definitions]
Lowest Floor–[No change or modification]
New Construction–[No change or modification]
NEW:
Nonresidential – Any building or structure or any portion thereof that is not classified residential. (Ord. No. 752-2016)[Source ASCE 24-14 definitions]
Preliminary Work Map - The Preliminary Work Maps released by FEMA as follows: panels no. 0252 and 0254 updated June 30, 2014 and panels no. 0234, 0251 and 0253 updated January 30, 2015 and as the same may thereafter be further modified or revised by FEMA. (Ord. No. 752-2016)[Cross Reference Ord No. 749-2016]
Primary Frontal Dune–[No change or modification]
NEW:
Residential – (1) Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis; (2) structures including but not limited to one- and two-family dwellings. Townhouses. Condominiums, multifamily dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and (3) institutional facilities where people are cared for or live on a 24-h basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals. Detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers. (Ord. No. 752-2016) [Source ASCE 24-14 definitions]
Sand Dunes–[No change or modification]
Start of Construction–[No change or modification]
NEW:
Structure -Any building or other structure, including gas and liquid storage tanks(Ord. No. 752-2016) [Source ASCE 24-14 definitions]
Substantial Damage–[No change or modification]
Substantial Improvement–[No change or modification]
Variance–[No change or modification]
19-3GENERAL PROVISIONS.
19-3.1Lands to Which This Chapter Applies.[No change or modification]
19-3.2Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard for the Borough of Avalon, Community No. 345279, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
a.A scientific and engineering report “Flood Insurance Study, Borough of Avalon, New Jersey, Cape May County,” dated August 1982.
b.“Flood Insurance Rate Map, Borough of Avalon, New Jersey, Cape May County,” as shown on Index and panel(s) 0001B, 0002B, whose effective date is February 2, 1983.
c.[This Paragraph wasAmended by Ord 749-2016.]
The above documents, as the same may be revised and periodically updated,are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study, maps and documents are on file at the Borough Hall located at 3100 Dune Drive, Avalon, New Jersey.
(Ord. No. 682-2013; Ord. No. 688-2013) (Ord. No. 752-2016)
19-3.3Penalties for Noncompliance. [This Section was Amended by Ord 749-2016.]
19-3.4Abrogation and Greater Restrictions. [No change or modification]
19-3.5Interpretation.[No change or modification]
19-4ADMINISTRATION.
19-4.1Establishment of Development Permit.[No change or modification]
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
19-4.2Designation of the Local Administrator.[No change or modification]
19-4.3Duties and Responsibilities of the Administrator.
Duties of the Flood Plain Manager shall include, but not be limited to:
a.Permit Review.
1.[No change or modification]
2.[No change or modification]
3.Review all development permits in the coastal high hazard area and Coastal A Zoneof the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage. (Ord. No. 752-2016)
4.[No change or modification]
b.Use of Other Base Flood and Floodway Data. [No change or modification]
c.Information to Be Obtained and Maintained.
1.[No change or modification]
2.[No change or modification]
3.[No change or modification]
4.In coastal high hazard areas and Coastal A Zonecertification shall be obtained from a registered professional engineer or architect that the provisions of subsection 19-8.1a. and subsection 19-8.1b (a) and (b) are met; (Ord. No. 752-2016)
5.[No change or modification]
d.Alteration of Watercourses.
1.[No change or modification]
2.[No change or modification]
e.Interpretation of FIRM Boundaries.[No change or modification]
19-5VARIANCE PROCEDURE.
19-5.1Appeal Board.
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
f.[No change or modification]
19-5.2Conditions for Variances.
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
19-6PROVISIONS FOR FLOOD HAZARD REDUCTION; GENERAL STANDARDS.
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. (Ord. No. 682-2013; Ord. No. 688-2013)
19-6.1Anchoring.[No change or modification]
19-6.2Construction Materials and Methods.
a.[No change or modification]
b.[No change or modification]
19-6.3Utilities.
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.For all new construction and substantial improvements the attendant utilities and 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
(Ord. No. 682-2013; Ord. No. 688-2013; Ord. No. 752-2016)
19-6.4Subdivision Proposals.
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
19-6.5Enclosure Openings.[No change or modification]
19-7SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 19-3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 19-4.3b. Use of Other Base Flood Data, the following standards are required. (Ord. No. 682-2013; Ord. No. 688-2013)
19-7.1Residential Construction.
a.New construction and substantial improvement of any residential structure located in an AE Zone shall have the top of masonry foundation together with the attendant utilities andequipmentand sanitary facilities, elevated at or above the base flood elevation, plus freeboard, three (3) feet; (Ord. No. 752-2016)
b.[No change or modification]
c. The provisions of (a) and (b) of this subsection shall apply only to the principal or primary structure where people live or which are used for sleeping purposes on a transient or nontransient basis. All other structures, except attached garages, are accessory structures. Accessory structures that are unoccupied and pose minimal risk to the public or minimal disruption to the community should they be damaged or fail due to flooding shall be classified as Flood Design Class 1, and such accessory structures may be built or constructed below DFE (design flood elevation) (Ord. No. 752-2016)
[See definition of “Residential” ASCE 24-14 at page 5]
Any such accessory structure shall be constructed in compliance with ASCE 24 which requires that any such structure, including anchorage and connections, shall be designed to resist effects of vertical loads, including uplift and lateral loads in accordance with the load combinations specified in ASCE 24.
Stringers or beams shall be attached to the substructure or directly to piles, columns, piers, and walls with bolted or welded connections such that a continuous load path is maintained.
Washers shall be used under all nuts and bolt heads bearing directly on wood. All nuts, bolts, and washers shall be corrosion resistant. Notches at the tops of timber posts and piles shall not exceed 50% of the cross section of the post or pile.
Adequate anchorage shall be provided for storage tanks, sealed conduits and pipes, lined pits, sumps, and all other similar structures that are subject to flotation or lateral movement during the design flood. (Ord. No. 752-2016)
Only those accessory structures that meet the definition of Flood Design Class 1 may be built or constructed at or below base flood elevation. Any structure that poses a moderate risk to the public or moderate disruption to the community should they be damaged or fail, shall be classified as Flood Design Class 2 and if such accessory structure should pose a high risk, it shall be classified as Flood Design Class 3. Flood Design Class 2 and 3 shall be built or constructed at the design flood elevation, that is, base flood elevation plus three (3) feet.(Ord. No. 752-2016)
Attendant utilities and equipment for accessory structures meeting the definition of Flood Design Class I shall be constructed or installed at Base Flood Elevation plus one (1) foot unless waterproofed and constructed or installed strictly in accordance with ASCE 24. (Ord. No. 752-2016)
d. For Coastal A Zone construction see Section 19.8 COASTAL HIGH HAZARD AREA AND COASTAL A ZONE. (Ord. No. 752-2016)
19-7.2Nonresidential Construction.
In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in anA or AE Zone (for Coastal A Zone construction see section 19.8 COASTAL HIGH HAZARD AREA COASTAL A ZONE) shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities: (Ord. No. 752-2016)
a.[No change or modification]
b.[No change or modification]
c.[No change or modification]
d.[No change or modification]
e.[No change or modification]
19-8COASTAL HIGH HAZARD AREA AND COASTAL A ZONE(Ord. No. 752-2016)
Coastal high hazard areas (V or VE Zones) and Coastal A Zones are located within the areas of special flood hazard established in subsection 19-3.2. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply. (Ord. No. 682-2013; Ord. No. 688-2013; Ord. No. 752-2016)
19-8.1Location of Structures.[No change or modification]
19-8.2Construction Methods.
a.Elevation. [No change or modification]
b.Structural Support.[No change or modification]
c.Certification.[No change or modification]
d.Space Below the Lowest Floor.[No change or modification]
19-8.3Sand Dunes.[No change or modification]
SECTION 2. Except as modified by this Ordinance, all other provisions of Chapter 19 shall remain in full force and effect.
SECTION 3. REPEALER. All Ordinances or parts of Ordinances which are in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency or conflict only.
SECTION 4. SEVERABILITY. If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE OF PENDING ORDINANCE
The Ordinance published herewith was introduced and passed on first reading of the Municipal Council of the Borough of Avalon on November 9, 2016. It will be further considered for second reading, public hearing and final adoption at a meeting of said Council to be held on the 22nd day of November, 2016 in the Meeting Room of the Municipal Building, Avalon, New Jersey at 4:15 p.m. and during the week prior to and up to and including the date of such meeting, copies of said Ordinance will be made available at the Clerk’s Office in said Municipal Building to the members of the general public who shall request the same.
MARIE J. HOOD
Borough Clerk
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