N.J. Admin. Code § 19:31C-3.13

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:31C-3.13 - Flood damage prevention

(a) The scope and purpose of this section are as follows:

1. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

i. Protect human life and health;

ii. Minimize expenditure of public money for costly flood control projects;

iii. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

iv. Minimize prolonged business interruptions;

v. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

vi. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

vii. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

viii. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

2. In order to accomplish its purposes, this section includes methods and provisions for reducing flood losses, including:

i. Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;

ii. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

iii. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

iv. Controlling filling, grading, dredging, and other development that may increase flood damage; and

v. Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(b) As used in this section, the following terms shall have the meanings indicated:

"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) 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" means the land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.

"Base flood" means the flood having a one-percent chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway wall" means 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.

"Coastal high hazard area" means 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" means 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 hazard.

"Digital Flood Insurance Rate Map" or "DFIRM" means 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" means a non-basement 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 flood waters. 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.

"Erosion" means the process of the gradual wearing away of land masses.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Insurance Rate Map" or "FIRM" means 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.

"Flood Insurance Study" or "FIS" means 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 management regulations" means 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, that provide standards for the purpose of flood damage prevention and reduction.

"Floodway" means 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 .2 foot.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" or "historic resource" means properties within the Fort Monmouth Project Area identified in the Programmatic Agreement.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable 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 home" means a structure, transportable in one or more sections, that 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 recreational vehicle.

"Manufactured home park" or "manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"New construction" means 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" means 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" means 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 from 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.

"Recreational vehicle" means a vehicle that is: built on a single chassis; 400 square feet or less when measured at the longest 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" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Start of construction" 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 other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), "start of construction" includes substantial improvements. 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 affects the external dimensions of the building.

"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, which is principally above the ground.

"Substantial damage" means 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" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent 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: any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement officer and that are the minimum necessary to assure safe living conditions; or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(c) The following are the section's general provisions:

1. This section shall apply to all areas of special flood hazards within the jurisdiction of the host municipalities, Monmouth County, New Jersey.

2. The basis for establishing areas of special flood hazard is as follows:

i. The areas of special flood hazard for the host municipalities, Community Nos. 340318 (Borough of Tinton Falls), 340293 (Borough of Eatontown), and 340320 (Borough of Oceanport), are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) A scientific and engineering report, Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions) dated September 25, 2009.

(2) A Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions) as shown on Index and panel(s) 34025C0183F, 34025C0184F, 34025C0187F, 34025C0191F, the effective date of which is September 25, 2009.

ii. The documents in (c)2i above are incorporated by reference into this section. The Flood Insurance Study and maps are on file at the municipal buildings of the respective host municipalities.

3. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Nothing in this section shall prevent the respective host municipality from taking such other lawful action pursuant to its ordinances and other law as is necessary to enforce the provisions of this section or to prevent or remedy any violation.

4. Abrogation; conflict with other provisions: This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and an ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

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

i. Considered as minimum requirements;

ii. Liberally construed in favor of the Authority and the host municipalities; and

iii. Deemed neither to limit nor repeal any other powers granted under law.

6. The following concern warning and disclaimer of liability:

i. The degree of flood 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 does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

ii. This section shall not create liability on the part of the Authority or respective host municipality, or any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(d) The following concern administration:

1. Development permit requirements are as follows:

i. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in (c)2 above. Application for a development permit shall be made on forms furnished by the host municipality 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, fill, storage of materials, drainage facilities; and the location of the foregoing.

ii. Specifically, the following information is required:

(1) The elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(2) The elevation in relation to mean sea level to which any structure has been floodproofed;

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in (e)2ii below; and

(4) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

2. Designation of local administrator: The construction official of the respective host municipality is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

3. Duties and responsibilities of administrator: The duties of the host municipality construction official shall include, but not be limited to:

i. Permit review;

(1) Review all development permits to determine that the permit requirements of this section have been satisfied;

(2) 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;

(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of (e)3i below are followed;

(4) Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; and

(5) Review plans for walls to be used to enclose space below the base flood level in accordance with (e)4ii(4) below;

ii. Use of other base flood and floodway data: When base flood elevation and floodway data has not been provided in accordance with (c)2 above, the construction official 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 (e)2i and ii below;

iii. Information to be obtained and maintained as follows:

(1) 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 or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(A) Verify and record the actual elevation (in relation to mean sea level);

(B) Maintain the floodproofing certifications required in (d)1ii(3) above;

(C) In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of (e)4ii(1) and (2)(A) and (B) below are met; and

(D) Maintain for public inspection all records pertaining to the provisions of this section;

iv. Alteration of watercourses as follows:

(1) Notify adjacent communities and the NJDEP, 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; and

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished; and

v. 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 interpretation as provided in (d)4 below.

4. The following concern requests for review and relief:

i. Nothing in this section shall modify the procedures provided by host municipality ordinance or other law for requests for reviews of a decisions or interpretation by a host municipality officer pursuant to this section.

ii. The respective host municipality board responsible for reviewing decisions or interpretations by a host municipality officer pursuant to this section may grant relief from the requirements of this section to permit construction in a manner that would otherwise be prohibited by this section. In considering a request for relief, the respective host municipality board shall consider all technical evaluations, all relevant factors, standards specified in other provisions of this section, and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to 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 for the proposed use which are not subject to flooding or erosion damage;

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

(8) The relationship of the proposed use to the Reuse Plan and floodplain management program of 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 of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

iii. Relief shall be subject to the following conditions:

(1) Relief may be granted 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 in (d)4ii above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for granting relief increases.

(2) Relief may be granted 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.

(3) Relief shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Relief shall only be granted upon a determination that the relief granted is the minimum necessary, considering the flood hazard, to afford relief.

(5) Relief shall only be granted upon:

(A) A showing of good and sufficient cause;

(B) A determination that failure to grant the relief requested would result in exceptional hardship to the applicant; and

(C) A determination that the granting of the relief requested 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 laws or ordinances.

(6) Any applicant to whom relief 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.

(e) Provisions for flood hazard reduction are as follows:

1. General standards: In all areas of special flood hazards, the following standards are required:

i. The following concern anchoring:

(1) All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(2) All manufactured homes to be placed or substantially improved 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.

ii. The following concern construction 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.

iii. The following concern utilities:

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into 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.

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) For all new construction and substantial improvements, the 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.

iv. The following concern subdivision proposals:

(1) 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.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) 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).

v. 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 than a basement and that 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 criterion: 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.

2. Specific standards: In all areas of special flood hazards where base flood elevation data have been provided as set forth in (c)2 above, or in (d)3ii above, the following standards are required:

i. The following concern residential construction:

(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated a minimum of two feet above base flood elevation in the Borough of Oceanport and elevated to or above base flood elevation in the Boroughs of Tinton Falls and Eatontown; and

(2) Within any AO zone on the municipality's FIRM, defined as an area with a one-percent-annual-chance shallow flooding where average depths are between one and three feet, that is, a 100-year flood, 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 shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

ii. All new construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall comply with one of the two standards below:

(1) The following concern the elevation of the lowest floor:

(A) Have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated a minimum of two feet above base flood elevation in the Borough of Oceanport, or to or above the level of the base flood elevation in the Boroughs of Tinton Falls and Eatontown; and

(B) Within any AO zone on the respective host municipality's DFIRM, defined as an area with a one-percent-annual-chance shallow flooding where average depths are between one and three feet, that is, a 100-year flood, 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 have adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or

(2) The following concern floodproofing:

(A) Be floodproofed so that below the base flood level the structure is watertight 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 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 (d)3iii(2)(B) above.

iii. The following concern manufactured homes:

(1) Manufactured homes shall be anchored in accordance with (e)1i(2) above.

(2) 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 a minimum of two feet above the base flood elevation.

3. Floodways: Located within areas of special flood hazard established in (c)2 above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions apply:

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

ii. If (e)3i above is satisfied, all new construction and substantial improvements must comply with this subsection.

iii. 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 .2 feet at any point.

4. Coastal high hazard area: Coastal high hazard areas (V or VE zones) are located within the areas of special flood hazard established in (c)2 above. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:

i. The following concern the location of structures:

(1) All buildings or structures shall be located landward of the reach of the mean high tide.

(2) The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or manufactured home subdivision.

ii. The following concern construction methods:

(1) Elevation: All new construction and substantial improvements shall be elevated on piling or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the piling 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 (e)4ii(4) below.

(2) The following concern structural support:

(A) All new construction and substantial improvements shall be securely anchored on piling or columns.

(B) 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 (100-year mean recurrence interval).

(C) There shall be no fill used for structural support.

(3) 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 (e)4ii(1) and (2)(A) and (B) above.

(4) The following concern space below the lowest floor:

(A) Any alteration, repair, reconstruction, or improvement to a structure started after July 15, 2013 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.

(B) Breakaway walls, open wood latticework, or insect screening shall be allowed below the base flood 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 be designed for a safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls that exceed a design safe loading of 20 pounds per square foot (either by design or 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.

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

II. 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). Water-loading values used shall be those associated with the base flood. Wind-loading values used shall be those required by applicable State or local building standards.

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

(D) Prior to construction, plans for any breakaway wall must be submitted to the respective host municipality construction official for approval.

iii. Sand dunes: Man-made alteration of sand dunes within Zones VE and V on the community's DFIRM that would increase potential flood damage are prohibited.

N.J. Admin. Code § 19:31C-3.13