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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. NO. 10-7 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 NO. 10-7 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. NO. 10-7 PAGE 4 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, NO. 10-7 PAGE ~ 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. NO. 1(}-7 PAGE 6 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. NO. 10-7 PAGE 7 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. NO. 10-7 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 NO. 10-7 PAGE 9 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 X. Indicate Vote AB. AbseJ!t NV. Not VOling XOR. Indicates YOle'to Overrule Velo 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 ~fAYOk . ON o III ;J> '1::J0.. co. 0.. 0 OQ '0 !-I'() rt' ::J ro ro III '1 0.. ~ " co. '" Orn::Y ~ !-I'!-I' ro VI '-<0.. C f-' ::Jill...., ro VI " ::Y f-'Ill 00 0.. "'''Ill ::Y'1'< ~ c ro 0 N rn 00 f-'O'-< 0'0 C ''<::J ro o~ rn N "0 ::Yf-' ro 0 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 ($7,83) 160891 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1} time(s), once in each issue as follows: June 21, 2010 ~/U 0 ~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JtRSEY MY COMMISSION EXPIf1ES Ivi!\\' 2, 201 i Sworn and subscribed before me thig,J9~ day ot:f .A. ~~, dOlO. athleen M. Barney, MM Municipal Clerk 8 Oft NettY INANe REGJ\C~kNA~fl9BA PREVENTION ~bb~~~~?~1Ng tNPREol?dc28fg APRII,.???91Q Ad~rti~~a:"~~.'...~~B~.> ~'(:)Il.Jlrst'f~adlniJ: i~~Nri::nS~'.frJ~t1bIiC MJ\Y?2201O Hearing Held: Jl,JNE17,20~O ~l.;g",i<b~~'IEt J REIMAN ',' .......' ~te~~;(jasljnally RN2&lgN& CM$UNICIPf\LClERK 7.83)<160891' (iJJ ..,-------~~_."-----<