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

B. Variances shall not be issued within any designated floodway if any met ease in flood levels during the baseflood discharge would result.

C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief

D.Variances shall only be issued upon.

(1) A showing of good and sufficient cause

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 134-416 1. Appeal Board, or conflict with existing local laws or ordinances

E.Any applicant to whom a variance is granted shall be given written notice indicating the elevation below the base flood level, in feet, to which the lowest floor of the structure will be built, and that flood insurance may not be available for the structure if the lowest floor is below the base flood elevation.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

In all areas lying within the state floodplain or within the area of special flood hazard, as shown on the Township Official Floodplain Map, the following provisions Eire required

A. [Amended 10-18-78 by Ord. No 52-1978, 9-3-86 by Ord No. 50-1986] Within any area of special flood hazard.

(1) New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevations as shown on the Township Official Floodplain Map. An "Elevation Certificate" as required by the National Flood Insurance Program shall be provided to the official to certify that the standards of this sub-section are satisfied.

(2) New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation as shown on the Township Official Floodplain Map or, together with attendant utility and sanitary facilities, be floodproofed to a point one foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in § 134-415.3.

(3) 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 least one foot above the base flood elevation.

**Webmasters Note: The previous subsection, A., has been amended as per Ordinance No. 18- 2001.

B. Exceptions [Amended 9-6-78 by Ord No 46-1978]

(1) The following accessory buildings or structures may be Constructed at or above existing ground level in either the state floodplain or areas of special flood hazard, provided that such structures are not deemed a substantial improvement:

(a) Garages

(b) Metal or other sheds

(c) Uncovered porches and decks

(d) Covered porches or decks, provided that the same shall not contain windows and that the sides shall be substantially open or screened

(e) Patios built at grade level

(f) Fences

(g) Swimming pools, above or below ground and structures customarily accessory thereto.

(2) Said accessory buildings must comply, however, with the standards set forth in §§ 134-417 2 through 134-417 4 of this Article

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

B. 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 [Amended 3-18-87 by Ord No 51987]

A. Elevation All new construction and substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor, excluding the pilings or columns, is elevated to or above the base flood level, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 134-417 3D

B.Structural support

(1) All new construction and substantial improvements shall be securely anchored on pilings or columns

(2) The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval)

(3) There shall be no fill used for structural support

C.Certification 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 are in accordance with accepted standards of practice for compliance with the provisions of § 134-417 3A, B(l) and (2)

D.Space below the lowest floor

(1) Any alteration, repair, reconstruction or improvement to a structure, started after the enactment of this article, shall not enclose the space below the lowest floor unless breakaway walls, open wood latticework or insect screening are used as provided for in this section, or the area is designed with enclosure openings in accordance with § 134-417.5.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

(2) Breakaway walls, open wood latticework or insect screening shall be allowed below the baseflood elevation, provided that they are 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 system Breakaway walls shall he designed for a safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot Use of breakaway walls which exceed a design-safe loading of twenty (20) pounds per square foot (either by design fir when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions

(a) Breakaway wall collapse shall result from a water load less than that which occur during the base flood.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural)

(3) If breakaway walls are utilized such enclosed space shall be used solely for parking of vehicles, building access or storage and not fin human habitation

(4) Prior to construction plans for any breakaway walls must be submitted to the Construction Official for approval

A.No building or structure used for Dwelling purposes shall be constructed or moved within any state floodplain, as shown on the Township Official Floodplain Map, unless such building or structure may be connected directly to a township sanitary sewer line [Amended 8-1-79 by Ord No 65-1979]

B.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system

C.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters

D.Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding

E. 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 [Added 3-18-87 by Ord No 5-1987]

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed Lo 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. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided

B. The bottom of all openings shall be no higher than one (1) foot above grade

C. Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters

A. All subdivisions within the state floodplain or areas of special flood hazard shall comply with Article VII, § 134-85 2P, Subdivision Regulations

B. Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres

Located within areas of special flood hazard established in § 134-413 are areas designated as floodways Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris potential projectiles and erosion potential the following provisions apply.

A. Encroachments including fill, new construction substantial improvements and other development shall be prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase inflood levels during the occurrence of the base flood discharge.

B. If the above is satisfied all new, construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 134-417

C. The placement of any manufactured homes shall be prohibited, except in an existing manufactured home park or existing manufactured home subdivision [Amended 3-18-1987 by Ord No 5-1987]

D. 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 baseflood more than two-tenths (0.2) of a foot at any point.

[Amended 9-3-1986 by Ord No. 50-1986, 9-21-1988 by Ord No 54-1988]

See § 1-15, Violations and penalties