HomeMy Public PortalAboutOrd. 10-007
No. 10-7
Qlkahtcntt.e
of fIre
iffioroltBIr of illcrrferef, ~L JJ ~
Councilman
Presents the following Ordinance Seconded by Councilman
OOINAN:E REGARDIN:; FlDJ) 1W'w::E fREVENTICN
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE Al\'D
OBJECTIVES
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of New Jersey has in NJ.S.A. 40:48-l.et gg., delegated
the responsibility to local governmental units to adopt regulations designed to
promote public health, safety, and general welfare of its citizenry. Therefore, the
Mayor and Council of the Borough of Carteret, Middlesex County, New Jersey does
ordain as follows:
1.2 FTh'DINGS OF FACT
[1 J The flood hazard areas of Borough of Carteret are subject to periodic inundation
which results in loss oflife 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.
[2J 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 othenvise protected from flood damage also contribute
to the flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpos~ of this ordinance to promote the public health, safety, and general
,velfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
[IJ Protect human life and health;
[2] Minimize expenditure of public money for costly flood control projects;
[3J Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
[4] Minimize prolonged business interruptions;
[5] Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, bridges loc'ated in areas of special
flood hazard;
[6] Help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future flood
blight areas;
[7] Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
[8J Ensure that those ,,,ho occupy the areas of special flood hazard assume
responsibility for their actions.
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PAGE 2
1.4 METHODS OF REDUCING FLOOD LOSSES . .
In order to accomplish its purposes, this ordi:t;lance includes methods and provIsIons
for:
[I] Restricting or prohibiting uses which are dange:ous to he~lth, safety, and
property due to water or erosion hazards, or which result ill damagmg
increases in erosion or in flood heights or velocities;
[2] Requiring that uses vulnerable to floods includ~g facilities which sen:e such
uses, be protected against flood damage at the tIme of illltIal constructIOn;
[3] Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accommodate or charmel flood w~ters;
[4J Controlling filling, grading, dredging, and other development which may
increase flood damage; and, .
[5J Preventing or regulating the construction offl?od barriers which will,
unnaturally divert flood waters or which may Increase flood hazards III other
areas.
SECTION 2.0
DEFTh'ITIONS
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.
Appeal_ A request for a review of the Director of Municipal Engineering's
inte.rpretation of any provision of this ordinance or a request for a variance.
Area of Shallow Flooding - A designated AO, AH, or VO zone on a community's
Digital Flood Insurance Rate Map (DFlRM) with a one percent 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.
Area of Special Flood Hazard - The land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year.
Base Flood - The flood having a one percent chance of being equaled or exceeded in
any given year.
Basement - Any area of the building having its floor subgrade (below ground level) On
all sides.
Breakaway Wall - A wall that is not part of the structural support of the building and
. is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building or
supporting foundation system.
Development - Any man made change to improved or unimproved real estate,
inclUding but not limited to buildings or other structures, mining, dredging, filling,
grading. paving, excavation or drilling operations, or storage of equipment or
materials located within the area of special flood bazard.
Digital Flood Insnl'ance Rate Map (DFIRl\1) - 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.
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 ofthe elevated floor elevated above the
ground level by means of piling. coluIDlls (posts and piers), or shear walls parallel to
the flow of the water, and (ii) adequately anchored so as no't 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 Ilelevated building II also includes a building elevated
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PAGE
3
means of fill or solid foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of flood waters.
Flood or Flooding - A general and temporary condition of partial or complete
inundation of normally dry land areas from: .
(1 J The overflow of inland or tidal waters andJor .
[2J The unusual and rapid accumulation or runoff of surface waters from any
source.
Flood Insnrance Study (FrS) - 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.
Floodplain l\fanagement Regulations - Zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a flood plain
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.
Floodway - The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than 0.2 foot.
HIghest Adjacent Grade - The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic Structure - Any structure that is: .
[al Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary ofllie Interior as meeting the requirements for individual listing on the
National Register;
[b J 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;
[c] 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
[dJ Individually listed on a local inventory of historic places in cornmunities with
historic preservation programs that have been certified either:
(I) By an approved State program as determined by the Secretary of the Interior;
or
(2) Directly by the Secretary of the Interior in States without approved programs.
Lowest Floor - 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.
:Manufactured HOple - 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 IImanufactured homell
does not include a "recreational vehic1ell,
1\1anufactured Home Park 01' Manufactured Home Subdivision - A parcel (or
contiguous parcels) ofland divided into two (2) or more manufactured home lots for
rent or sale.
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New Construction - Structures for which the start of construction commenced on or
after the effective date of a floodplain regulation adopted by a community and
includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision - A manufactured home park or
subdivision for which the construction-of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either fmal site grading or the pouring of .
concrete pads) is completed on or after the effective date ofllie flood plain
management regulations adopted by the municipality.
Recreational Vehicle - A vehicle which is [i] built on a single chassis; [iiJ 400 square
feet or less when measured at the longest horizontal projections; [ill] designed to be
self-propelled or pennanently 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.
Start of Construction 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 pennit was issuedl provided the actual
start of construction) repair, reconstruction) rehabilitation, additionl placementl 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 footingsl the installation of piles, t1.Ie construction of columns, or
any- work beyond the stage of excavatiolll 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 basementl footings or piers, or foundations or the
erection of temporary formsl 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 - 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.
Structure - A walled and roofed building, a manufactured home, or a gas or liquid
storage tank, that is principally above ground,
Substantial Damage - Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial Improvement - Any reconstructionl rehabilitation, addition, or other
improvement 9fa structurel the cost of which exceeds 50 percent of the market value
of the structure before the "start of constructionll of the improvement. This term
includes structures which have incurred "substantial damage'\ regardless of the actual
repair work performed. The term does notl however, include either:
[1] Any project for improvement of a structure to correct existing violations of
State or local health, sanitary or safety code specifications which have been
identified by the local code enforcement officer and which are the minimum
necessary to assure safe living conditions; or .
[2] Any alteration ofa I1historic StruCture!l1 provided that the alteration will not
preclude the structure1s continued designation as a !Ihistoric structurel1.
Variance - A grant of relief from the requirements oftms ordinance that permits
construction in a manner that would othenvise be proWbited by this ordinance,
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SECTION 3.0
GENERAL PROVISIONS
3.1 LAl\'DS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards within the jurisdiction
of the Borough ofCarteret, Middlesex County, New Jersey.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the The areas of special flood hazard for t1ie
Borough of Carteret, Community No. 340257, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
a) A scientific and engineering report "Flood Insurance Study, Middlesex County,
New Jersey (All Jurisdictions)" dated July 6, 2010.
b) Flood Insurance Rate Map for Middlesex County, New Jersey (All
Jurisdictions) as shown on Index and panel numbers 34023C0057F,
34023C0059F, 34023C0076F, 34023C0077F, 34023C0078F, 34023C0079F,
34023C0086F, 34023C0087F; whose effective date is July 6, 2010.
The above documents are hereby adopted and declared to be a part of this ordinance.
The Flood Insurance Study and maps are on file at61 Cooke Ave, Carteret, New
Jersey 07008-3096.
3.3 PENAL TIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this ordinance and other applicable
regulations. Violation of the provisions of this ordinance 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 ordinance or fails to comply with any of its requirements shflll upon
conviction thereof be subject to the then current Violation and Penalty provisions of
this Section 1-17 of the Carteret Code, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the
Borough ofearteret from taking such other lawful action as is necessary to prevent or
remedy any violation.
3.4 ABROGATION Al\'D GREATER RESTRICTIONS
lbis ordinance is not intended to repeal. abrogate, or impair any existing easements,
covenants, or dee"d restrictions. However, where this ordinance and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
3.5 INTERPRETATION
.In the interpretation and application of this ordinance, all provisions shall be:
[IJ Considered as minimum requirements;
[2J Liberally construed in favor of the governing body; and,
[3J Deemed neither to limit nor repeal any other powers granted under State
statutes.
3.6 WARNING Al\'D DISCLAIMER OF LIAllILITY
The degree of flood protection required by this ordinance 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 ordinance does not imply that
land outside the area of special flood hazards or uses pennitted within such areas will
be qee from flooding or flood damages.
This ordinance shall not create liability on the part ofthe Borough of Carteret,
any officer or employee thereof or the Federal Insurance Administration, for any
flood damages that result fr.om reliance on this ordinance or any administrative
decision lawfully made thereunder.
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SECTION 4.0
ADMINISTRATION
4.1 ESTABLISHMENT OF DEVELOPMENT PERJ\fiT
A Development Permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 3.2. Application for a
Development Permit shall be made on forms furnished by the Director of Municipal
Engineering 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; fIJI, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information is required:
[IJ Elevation in relation to mean sea level, ofthe.lowest floor (including
basement) of all structures;
[2J Elevation in relation to mean sea level to which any structure has been
floodproofed.
[3J Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential. structure meet the floodproofmg
criteria in Section 5.2-2; and,
[4J Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
4.2 DESIGNATION OF THE LOCAL ADMTh'ISTRATOR
The Director of Municipal Engineering is hereby appointed to administer and
implement this ordinance by granting or denying development permit applications in
accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE ADMTh'ISTRATOR
Duties of the Director of Municipal Engineering shall include, but not be limited to:
4.3-1 PERMIT REVIEW
[I J Review all development permits to determine that the permit requirements of
this ordinance have been satisfied.
[2J 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.
[3J Review all development permits to determine if the proposed development is
located in the floodway, assure that the encroachment provisions of Section ~.3I1]
are met.
4.3-2 USE OF OTHER BASE FLOOD Al\'D FLOODW A Y DATA
'When base flood elevation and flood way data has not been provided in accordance
with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD, the Director of Municipal Engineering shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a
Federal, State or other source, in order to administer Sections 5.2-1, SPECIFIC
STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS
NonreSIdential Construction. '
4.3-3 INF~R!l1A'tION TO BE OBTAINED AND MAINTATh'ED
(1] Obtam. and r~cord the actual elevation (in relation to mean sea level) of the lowest
floor (mcluding basement) of all new or substantially improved structures and
whether or not the structure contains a basement. '
[2J For all new or substantially improved floodproofed structures:
[1J ven!)' ~d record the actual elevation (in relation to mean sea level); and
[I1J .mamtam the flo?dproo~mg certifications required in Section 4.] (3).
[3] M~tain for publIc mspectlOn all records pertaining to the provisions of this
ordmance.
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4.3-4 ALTERATION OF WATERCOURSES
[I] Notify adjacent communities imd 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.
4.3-5 INTERPRETATION OF FIRM BOUl\'DARIES
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 section 4.4.
4.4 V AlliANCE PROCEDURE
4.4-1 APPEAL BOARD
[IJ The Zoning Board of Adjustment as established by the Borough ofCarteret sball
hear and decide appeals and requests for variances from the requirements of this
ordinance.
[2J The Zoning Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the
Director of Municipal Engineering in !lie enforcement or administration of this
ordinance.
[3] Those aggrieved by the decision of the Zoning Board of Adjustment, or any
taxpayer, may appeal such decision to the appropriate court), as may be for
provided in statute.
[4J In passing upon such applications, the Zoning Board of Adjustment, shall consider
all technical evaluations, all relevant factors, standards specified in other sections
of this ordinance, and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(H) the danger to life and property due to flooding or erosion damage;
(Hi) the susceptibility of the proposed facility and its. contents to flood damage
and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vil) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship ofthe proposed use to the comprehensive plan and flood
plain management program of that area;
(ix) the safety of access to tile property in times of flood for ordinary and
emergency vehicles;
ex) the expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, ifapplicable, expected at the
site; and,
(xi) the costs of providing governmental services during and after flood
conditions, includipg maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, and streets and bridges.
[5J Upon consideration of the factors of Section 4.4-1 [4J and the purposes of this
ordinance, the Zoning Board of Adjustment may attach such conditions to the
granting of variances as it deems necessary to further the purposes oftrus
ordinance.
[6] The Director of Municipal Engineering shall maintain the records of all appeal
actions, including technical information, and report any variances to the Federal
Insurance Administration upon request.
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PAGE S
4.4-2 COl\'DITIONS FOR V AlliANCES
[1] GenerallYI 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 (i-xi) in SECTION 4.4-1[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 ",111 not
preclude the structure's continued designation as a historic structure and the
variance is the minimUni necessary to preserve the historic char~cter and design of
the structure.
[3] Variances shall.not be. issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
[4 ] Variances shall ouly be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
[5J Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ll) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and,
(ill) 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
SECTION 4.4- I [4J, or conflict with existing local laws or ordinances.
[6] 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.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STAl\'DARDS
In all areas of special flood hazards the follOWing standards are required:
5.1-1 ANCHORING
[I J All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
[2J All manufactured homes shall be anchored to resist flotation, collapse or lateral
move~ent. 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.
5.1-2 CONSTRUCTION MATERIALS Al\'D METHODS
[I J All new construction and substantial improvements shall be constructed "oth
materials aild utility equipIl).ent resistant to flood damage.
[2J All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
5.1-3 UTILITIES
[1] All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
[2J New and replacement sanitary sewage systems shall be designed to minimize Or
eliminate infilfration offlood waters into the systems and discharge from the
systems into flood waters;
[3J On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
[4] Electrical, heating, ventilation, plumbing and air~conditioning equipment and
other service facilities shall be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
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5.1-4 SUBDMSION PROPOSALS
[1 J All subdivision proposals shall be consistent with the need to minimize flood
damage; .
[2] All subdivision proposals shall have public utilities and facilities such as sewer
gas, electrical, and water systems located and constructed to minimize flood '
damage;
[3J All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and,
[4J Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contain at least fifty (50) lots or five (5) acres
(vvbichever is less).
5.1-5 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 ilian a basenient and which are subject to flooding shaH 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 having a
total net area of not less than one (1) square inch forevery square foot of enclosed
area subject to flooding shall be provided. The bottomof all openings shall be no
higher than one (I) 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.
5.2 SPECIFIC STAl\'DARDS
In all areas of special flood hazards where base flood elevation data have been
provided as set fortIl in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD or in SECTION 4.3-2, Use of Other Base Flood Data,
the following standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
(I J New construction and substantial improvement of any.residential structure shall
have the lowest floor, including basement together with the attendant utilities and
s'anitary facilities. elevated to or above base flood elevation;
[2J 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 at least as high as
the depth number specified in feet (at least two feet if no depth number is
specified). And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
5.2-2 NONRESIDENTIAL CONSTRUCTION
In an Area of Special Flood Hazard, all new construction and substantial
improvement of any commercial, industrial or other I"!onresidential structure shall
have the lowest floor, including basement together with the attendant utilities and
sanitarY facilities:
either
[IJ Elevated to the level of the base flood ele('ation; and
[2J 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 at least as high as the
depth number specified in feet (at least two feet ifno depth number is
specified). And, require adequate drainage paths around structures on
slopes to guide floodwaters around and away from proposed Structures:
NO. . 10-7
PAGE 10
[I] Be floodproofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
[2] Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and,
[3] 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 SECTION 4.3-3 [2] [ii].
5.2-3 MANUFACTURED HOMES
[I] Manufactured homes shall be anchored in accordance with Section 5.1-1 [2].
[2J 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.
5.3 FLOODWAYS
Located within areas of special flood hazard established in section 3.2 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to
the velocity offload waters which carry debris, potential projectiles, and erosion.
potential, the following provisions apply:
[I] Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
[2] If section 5.3[1] is satisfied, all new construction and substantial
improvements must comply with section 5.0 PROVISIONS FOR FLOOD
HAZARD REDUCTION.
[3] In all areas of special flood hazard in which base flood elevation data has been
provided and no floodway has been designated, the cumulative effect of any proposed
development, when combined with all other existing and anticipated development, shall
not increase the water surface elevation of the base flood more than two-tenths (0.2) of a
foot at any point.
SECTION 6.0
SEVERABILITY
Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be
an independent section, subsection, sentence, clause and phrase, and the finding or
holding of any such portion ofthis Ordinance to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this Ordinance.
SECTION 7.0
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its adoption and any
publication as may be required by law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B.
X KRlM X
DIAZ X N4HE3 X
X S:rIAAZ X
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Adopted on first'reading of the Council of the Borough of"Carteret, N.J., on April 22, 2010
Adopted on second reading after hearing on Jtre 17 1 2010
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SiliOltH6:-CARIEREf
ORDINANCE #10.-7
ORDINANCE REGARDING FLOOD DAMAGE
PREVENTIOo'\1
The Foregoing Ordinance was irtroduced at
~a~~n~d~ ~~?r~~ 2~1~~~~rn;r~il~
adopted on First Reading The said ofdi-
nan~ will be fwlher con~deled on S~Of1d
Re~-""~ for FInal Adopting at a meeting of
s,' .'..lncH of tre 80100gh eX Cart""et on
Ji~7, 2010 ilt a'pplo..~mate1y 6.00
P. Mtmorial iV:uniC!pal Building, 61
Cooke AVi:fll1e, Carteret, New Jersey al
wlich time and place all persons irterested
~t\ifu~~rt,..rBA~~~i~~fcbe reard
Mun:cipalClmk ./
($11.34) 145489
0/
\\)/\
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One (!} time(s), once in
each issue as follows:
Mav 22, 2010
c!:;t~ a I~
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2011
Sworn and subscribed before
me this d ,~ day of ..1!1 c~ I ;l 0 10
;/;;;d.;; li:}J7, ;tM-.u '-~?
Kathleen M. Barney, MMC 0-
Municipal Clerk '
---,.
BOROUGH OF CARTERET
iQRDINANCEiilQ?1
?RRI~~~C~~~~~~Wr~6rt??R...?1~~~.E
Tl1efqr~orng .Pu:lini:lfll:::e Wl:l,sJotr(lcll,l~at
~a~:tJI~~~?J~~R<fff?~il:2~.W~R~WVf~~i
/3c10Pt~ 001'11st Re<ililnl{;Thesaid ,'ordi-
nance will befui1herconslcleredon~econd
Reading fOl Final Moptlng at a meetingl;lf
said .C(juncij >01 ,'lheBQrt)ugl1OfJiarterefon
JUNE17.<2QIQa,~approxlmately6}OO
P;M.;Memorial...." MUl1icfpal!:3:uilding'/15]
COOke AvecnlJe "iC1H~(!ret;N'll:'NJeJSElYiat
which time and pl,3l:e.tll.pers()ns interelite(j
~H~{tt~~nM.nffAWN1~~I:X~Oc ~a~aard,
~~1i?~'?i}lc'e'k' 145489
aORoofil 0' C~mp'l .
ORDINANCE # ID-]
ORDINANCE
REGA~O]NG FLOOD
DAMAGE
PREVENTION
APPROVED AND
ADOPTED, -
~MflREobUl-~o~O
lIPRlt 22{ 2010
(!food il-5 ildl?Pl-
i filM reildlol:!
..1Otice of Public:
~ayi~ 2010
He1lri~ Held:
~UNr~e~ 2~1O
~YOR D2N'ElJ.
REIMAN
Advertlredas Fioall'1
ad9l?ted;
JUNE 2~~?OlO
KATHLEtJ'l BARNEY
MUNICIPAL CLERK
($7,83) 160891
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One (1} time(s), once in
each issue as follows:
June 21, 2010
~/U 0 ~
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PUBLIC OF NEW JtRSEY
MY COMMISSION EXPIf1ES Ivi!\\' 2, 201 i
Sworn and subscribed before
me thig,J9~ day ot:f .A. ~~,
dOlO.
athleen M. Barney, MM
Municipal Clerk
8 Oft
NettY
INANe
REGJ\C~kNA~fl9BA
PREVENTION
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tNPREol?dc28fg
APRII,.???91Q
Ad~rti~~a:"~~.'...~~B~.>
~'(:)Il.Jlrst'f~adlniJ:
i~~Nri::nS~'.frJ~t1bIiC
MJ\Y?2201O
Hearing Held:
Jl,JNE17,20~O
~l.;g",i<b~~'IEt J
REIMAN ',' .......'
~te~~;(jasljnally
RN2&lgN&
CM$UNICIPf\LClERK
7.83)<160891'
(iJJ
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