ORDINANCE NO 2015- 13 AMENDING CHAPTER 126, FLOOD HAZARDS, OF THE CITY CODE OF THE CITY OF VENTNOR CITY BE IT ORDAINED by the Board of Commissioners of the City of Ventnor as follows: Section I The definition of "Substantial Damage" shall be removed in its entirety and replaced with the following: Substantial Damage — Damage of any origin sustained by a structure whereby the cost of restoring the its condition before damage before the damage occurred. " structure to structure would equal or exceed forty percent ( 40%) of the market value of the Substantial Damage" also means flood -related damages sustained by a structure on two separate occasions during a ten ( 10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds forty percent ( 40%) of the market value of the structure before the damages occurred. The definition of "Substantial Improvement" shall be removed in its entirety and replaced with the following: Substantial Improvement — Any reconstruction, rehabilitation, addition, or other improvement of a structure, during a ten ( 10) year period, the cost of which equals or exceeds forty percent ( 40%) 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: 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 of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Chapter 126- 13 shall be amended to remove the Building Subcode Official as the designated local administrator, and replace same with the Certified Floodplain Manager. The entirety of the Ordinance shall be modified to be consistent with this change. Chapter 126- 16( B) shall be removed in its entirety and replaced with the following: B. CONSTRUCTION MATERIALS AND METHODS 1) All new construction, substantial improvements, and lateral additions shall be constructed with materials and utility equipment resistant to flood damage. 2) All new construction, substantial improvements, and lateral additions shall be constructed using methods and practices that minimize flood damage. 3) The use of fill to elevate buildings shall be prohibited. Chapter 126- 17(A)( 1) shall be revised and amended as follows: New construction and substantial improvement of any residential structure located in an A or AE zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation ( published FIS/ FIRM) or the best available flood hazard data elevation, whichever is more restrictive, plus two ( 2) feet, with the exception of structures located in an AE zone, with a BFE of eight ( 8), in which case the elevation shall be at or above the base flood elevation ( published FIS/ FIRM) or the best available flood hazard data elevation, whichever is more respective, plus three feet. SECTION III All ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV Should any section, subsection, paragraph, clause, sentence, phrase or other portion of this Ordinance be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be severable. SECTION V This Ordinance shall take effect on final passage, approval, and publication, and shall remain in force until modified, amended or rescinded by the City of Ventnor City, New Jersey FIRST READING: March 19, 2015 PUBLICATION: March 23, 2015 PUBLIC HEARING April 16, 2015