§ 276-51. Critical areas., Article VI. Exceptions, Modifications and Development Alternatives, Chapter 276. Land Development, Part II. General Legislation, Code of Ordinances, North Wildwood

Regulations for coastal flood hazard protection.

(1)

Findings.

(a)

The City of North Wildwood occupies part of a low-lying barrier island which is exposed constantly to the threat of coastal flooding due to hurricanes, northeasters, and storms;

(b)

The entire City of North Wildwood has been designated by the Federal Emergency Management Agency as being exposed to a 1% or greater chance of being flooded in any given year. The oceanfront and lands along Hereford Inlet have been designated as being exposed to high velocity waves;

(c)

The beaches and dunes of North Wildwood are located entirely within these coastal flood hazard areas and, if properly maintained and protected, provide some natural protection from the floodings that result from storm waves; and

(d)

The predictable hazards of coastal flooding subject the residents, owners of businesses, and visitors of the City of North Wildwood to potential loss of life, personal injury, and property damage, as well as disruption of commerce, resort activities, and governmental services, all of which adversely affect the public health, safety and welfare.

(2)

Purpose. This chapter has the following purposes:

(a)

To promote and protect the public health, safety, and welfare;

(b)

To minimize the potential for loss of life, personal injury, and public and private property damage from coastal flooding;

(c)

To protect the beaches and dunes of North Wildwood from inappropriate construction and indiscriminate trespass which reduces their effectiveness in limiting the risks of coastal flooding;

(d)

To protect the public from the economic and social disruption caused by coastal flood damage; and

(e)

To minimize the need for rescue relief efforts associated with coastal flooding and generally undertaken at the expense of the general public.

(3)

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPEAL: A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance from the Board of Adjustment.

AREA OF SPECIAL FLOOD HAZARD: Land in the City of North Wildwood with a 1% chance (one chance in 100) or greater of flooding in any given year, as designated on the most recent FIRM by the Federal Emergency Management Agency as Zone A1-30 or V1-30.

BASE FLOOD ELEVATION: A determination of the water surface elevations of the flood level, above sea level, that has a 1% or greater chance of occurrence in any given year, as designated on the most recent FIRM by the Federal Emergency Management Agency.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

BEACH: Gently sloping unvegetated areas of sand that extend landward from the mean high water line of the Atlantic Ocean and Hereford Inlet to either:

BREAKAWAY WALL: A wall or partition, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or other suitable building material, that is not part of the structural support of the building and is intended, through its design and construction, to collapse or break away under specific lateral loading forces, such as abnormally high tides or wave action, without causing damage to the elevated portion of the building or its supporting foundation system.

COASTAL HIGH-HAZARD AREA: An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

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, drilling operations or storage of equipment or materials.

DUNES: A formation of vegetated or drifting, wind-blown sand, either deposited by the waves and wind or man-made, that lies generally parallel to and landward of the beach, extending landward to the foot of the most inland dune slope.

ELEVATED BUILDING: A nonbasement building 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 area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "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.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of North Wildwood. The most recent map is dated January 6, 1983.

FLOOD INSURANCE STUDY: The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FREEBOARD: A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE: Any structure that is:

LOWEST FLOOR: The lowest level of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for 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 complies with the applicable construction standards of this section.

MANUFACTURED HOME: 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 "manufactured home" does not include a recreation vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after 1971, the effective date of a predecessor Floodplain Management Ordinance adopted by the City of North Wildwood.

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 final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

PRIMARY FRONTAL DUNE: A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.

RECREATION VEHICLE: A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

SAND DUNES: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION: Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE: For the purpose of this section, 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% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place during the life of the structure, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

VARIANCE: A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section because a literal enforcement would result in unnecessary hardship.

(4)

General provisions.

(a)

Penalties for noncompliance.

[1]

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

[2]

Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions on permits) shall constitute an offense. Each calendar day of violation shall constitute a separate and individual violation.

[3]

Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case and shall bear the full cost of correcting any and all violations.

[4]

Nothing herein contained shall prevent the City of North Wildwood from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood delineated by the Federal Emergency Management Agency in a specific engineering report entitled "The Flood Insurance Study for the City of North Wildwood, New Jersey," together with the accompanying Flood Insurance Rate Map, dated February 16, 1996, are hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study and the most recently adopted Flood Insurance Rate Map is on file and available for public inspection in the office of the City Clerk, City of North Wildwood, 901 Atlantic Avenue, North Wildwood, New Jersey, 08260.

(c)

Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

(d)

Interpretation. In the interpretation and application of this section, all provisions shall be:

[1]

Considered as a minimum requirement;

[2]

Liberally construed in favor of the governing body of the City of North Wildwood; and

[3]

Deemed neither to limit nor repeal any other powers granted under state statutes.

(e)

Warning and disclaimer of liability. The degree of coastal flood hazard protection required by this section 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 section shall not create liability on the part of the City of North Wildwood or by any other officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(5)

Construction permit.

(a)

Requirement to obtain a construction permit. A construction permit shall be obtained from the Construction Official of the City of North Wildwood before any construction or development begins within any area of special flood hazard, with the exception of any development that requires site plan approval from the Planning Board in accordance with § 276-63B of this chapter. Site plans shall also meet the requirements of this section. The Construction Official may waive this permit requirement for small-scale, nonstructural activities that, in his opinion, are unlikely to increase or alter coastal flood hazards.

(b)

Application for a construction permit. Application for such a construction permit shall be made on forms provided by the Construction Official and may require the submission of information, including, but not limited to:

[1]

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;

[2]

The location and quantity of proposed filling;

[3]

The location and quantity of proposed storage of materials; and

[4]

The location of drainage facilities.

(c)

Required information for a construction permit. Applications for a construction permit shall include the following information:

[1]

Elevation in relation to mean sea level of the lowest floor, including basement, of all structures;

[2]

Elevation in relation to mean sea level to which any structure has been floodproofed;

[3]

Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of this section and, after the structure is built, certification by a registered engineer or architect that the structure as built meets the floodproofing criteria of this section; and

[4]

A description of the event to which any watercourse will be altered or relocated as a result of proposed development.

(d)

Designation of the Construction Official. The Construction Official is hereby appointed to administer and implement this section by granting or denying construction permit applications in accordance with its provisions.

(e)

Duties and responsibilities of the Construction Official. The duties of the Construction Official shall include, but not be limited to:

[1]

Permit review.

[a]

Review applications for construction permits and decide whether the requirements of this section have been met;

[b]

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law or county or municipal ordinance;

[c]

Review all proposed development in the coastal high-hazard area to determine if the proposed development complies with this section or would alter the beach or dunes so as to increase the potential risks of coastal flood damage;

[d]

Review plans for walls to be used to enclose space below the base flood level in accordance with § 276-51B(7)(d).

[2]

Obtain and maintain information on elevations of structures.

[a]

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures, and whether the structure contains a basement;

[b]

For all new or substantially improved floodproofed structures:

[i]

Verify and record the actual elevation, in relation to mean sea level, to which the structure was floodproofed; and

[ii]

Maintain the floodproofing certifications required in § 276-51B(6)(e)[2][c];

[iii]

All new or substantially improved structures in coastal high-hazard areas, obtain and record the elevation, in relation to mean sea level, of the lowest structural member of the lowest floor, excluding pilings and columns, whether or not such structures contain a basement.

[iv]

In coastal high-hazard areas, certification shall be obtained from a registered, professional engineer or architect that the provisions of Subsection B(5)(e)[2][b][iii] are met.

[v]

Maintain for public inspection all records pertaining to the provisions of this chapter.

[3]

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the boundary interpretation, as provided in this section.

(6)

Flood-resistant materials and methods.

(a)

Anchoring.

[1]

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

[2]

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(b)

Flood-resistant materials and methods.

[1]

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[2]

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

Utilities.

[1]

All new replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters in the system;

[2]

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

[3]

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Lowest floor elevation for residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.

(e)

Lowest floor elevation or floodproofing for nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either:

[1]

Have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation; or

[2]

Together with attendant utility and sanitary facilities, shall:

[a]

Be floodproofed to a level no lower than one foot above the base flood level so that the structure is watertight below the required elevation with walls substantially impermeable to the passage of water;

[b]

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

[c]

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Construction Official.

(f)

Pilings. All structures built hereafter on any bulkheaded or waterfront property, whether bay, inlet, or ocean, shall be built or placed on pilings, and if wood pilings, they shall be pressure treated with a minimum twelve-pound creosote to resist decay, and the same shall likewise be applied to the bulkheads.

(7)

Supplemental construction standards for coastal high-hazard areas (V-Zones).

(a)

Location landward of the mean high tide. All buildings or structures shall be located landward of the reach of the mean high tide.

(b)

Mobile homes. The placement of mobile homes is prohibited, except in an existing mobile home park or mobile home subdivision.

(c)

Elevation of structures on pilings.

[1]

All new construction and substantial improvements shall be elevated on pilings and columns, so that:

[a]

The bottom of the lowest horizontal member of the lowest floor (excluding the pilings and columns) is elevated to or above the base flood elevation; and

[b]

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a 1% chance of being equalled or exceeded in any given year.

[2]

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used for elevating the structure are in accordance with accepted standards of practice for meeting the provisions of this subsection.

(d)

Space below lowest floor.

[1]

All new construction and substantial improvements, as well as any alteration, repair, reconstruction, or improvement to a structure started after the enactment of this section, shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation.

[2]

For the purposes of this subsection, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square feet may be permitted only if a registered professional engineer certifies that the design is proposed to meet the following conditions:

[a]

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

[b]

The elevated portion of the building and supporting foundation shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components, both structural and nonstructural. Maximum wind and water loading values to be used in this determination shall each have 1% chance of being equalled or exceeded in any given year.

[3]

Use of enclosed space. If breakaway walls are used, such enclosed space shall not be used for human habitation and may be used solely for parking of vehicles, building access or storage.

[4]

Prior to construction, plans for any breakaway walls must be submitted to the

Editor's Note: So in original.

(e)

Prohibition of fill for structural support. The use of fill for structural support of buildings in the coastal high-hazard area is prohibited.

(f)

Location landward of seawalls. All new construction or substantial improvements adjacent to seawalls, revetments, bulkheads or other shore protection structures fronting on the Atlantic Ocean or Hereford Inlet shall be set back a minimum of 50 feet from the center line of the shore protection structure to reduce the risks of damage from wave runup and overtopping and maintain the accessibility of the shore protection structure for future repairs and reconstruction.

(8)

Beach and dune protection.

(a)

The removal of sand from the beach or dunes is prohibited.

(b)

The alteration of dunes that would increase the risk of coastal flood hazards and potential damage is prohibited.

(c)

All existing natural and man-made dunes shall be preserved and, where suitable, enhanced, restored, and created.

(d)

Dunes may be created, where they do not exist, or restored, where damaged, through the use of sand/snow fencing, which shall be planted with American Beachgrass, Ammonphilia breviliqulata (Cape variety), to increase plant cover and stabilize the dunes. Newly planted dunes shall be fertilized. Protective sand/snow fencing shall be placed around newly created or restored dunes.

(e)

Limited pathways, trails, and walkovers through and over dunes may be provided where necessary to provide access for the public to the beach and ocean waters. Protective sand/snow fencing shall be placed along such pathways to protect the dunes from pedestrian traffic.

(f)

The removal, cutting, burning, or destruction of natural vegetation, sand fences, or other types of dune protection devices is prohibited except for the construction authorized pursuant to Subsection B(8)(d).

(g)

No person shall be in a dune unless on an approved pathway or in the performance of such activities as may reasonably be necessary and required to construct, maintain, or monitor the dune.

(h)

The use of dune buggies, motorcycles, motorbikes, jeeps, and similar motor vehicles is prohibited in dunes.

(9)

Permitted uses of beaches and dunes.

(a)

Open space, beach and water recreation.

(b)

Protective sand dunes and related improvements, such as sand/snow fencing and plantings to stabilize dunes.

(c)

Stairs, pathways, walkthroughs, and walkovers to protect dunes and provide access to the beach and ocean.

(d)

Buildings and structures necessary for public safety and convenience, including first aid stations, lifeguard stations, comfort stations, boardwalks, pavillions, piers, and related facilities.

(e)

Shore protection projects, both structural and nonstructural, including groins, jetties, seawalls, revetments, bulkheads, beach nourishment, and dune creation.

(f)

All other uses are prohibited.

(10)

Variances and appeals.

(a)

Appeal to the Planning Board of Adjustment. The Planning Board as established by this chapter shall hear and decide appeals and requests for variances from the requirements of this section.

(b)

Appeals of alleged errors to the Planning Board. The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Construction Official in the enforcement of this section.

(c)

Appeal of decision of the Planning Board. Any person aggrieved by the decision of the Planning Board or any taxpayer may appeal such decision to the Superior Court of New Jersey as provided by law.

(d)

Variances for historic structures. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places without regard to the procedures, considerations, or findings set forth in this section.

(e)

Considerations in reviewing variance requests. In reviewing applications for appeals or variances from this coastal flood hazard protection system, the Planning Board shall consider all technical evaluations, all relevant factors, all standards specified in this section, and the following considerations:

[1]

The danger that materials may be swept onto other land to the injury of others;

[2]

The danger of life and property due to flooding or erosion damage;

[3]

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

[4]

The importance of the services provided by the proposed facility to the community;

[5]

The necessity to the facility of a waterfront location, where applicable;

[6]

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the Master Plan for that area;

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[10]

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

The costs of providing governmental services during and after flood conditions, including maintenance and repair or public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(f)

Conditions for variances.

[1]

Variances may generally be issued only for new construction and substantial improvements to be erected on lots of less than 1/2 acre, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the findings by this section have been met.

[2]

The Construction Official shall notify the applicant for a variance that:

[a]

The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance; and

[b]

Such construction below the base flood increases risks to life and property.

[3]

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(g)

Findings required for variances. Variances shall only be issued upon four findings by the Planning Board:

[1]

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

[2]

A showing of good and sufficient cause;

[3]

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

[4]

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, or conflict with existing local laws or ordinances.

(h)

Records maintained by the Construction Official.

[1]

The Construction Official shall maintain a record of all variance actions, including justification for their issuance, and report such variances in his annual or biennial report to the Federal Emergency Management Agency.

[2]

The Construction Official shall maintain a record of all notifications to applicant for variances, as required by Subsection B(10)(f)[2].

(11)

Subdivision proposals.

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(c)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(d)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

(12)

Enclosure openings. For all new construction and substantial improvements that fully enclose areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one 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.

(13)

Manufactured homes.

(a)

Manufactured homes shall be anchored in accordance § 276-51B(6)(a).

(b)

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.