[Amended 3-22-2018 by Ord. No. 2018-08]
A. All elevations must be measured in feet relative to the North American
Vertical Datum of 1988 (NAVD 1988). All elevations in National Geodetic
Vertical Datum (NGVD 1929) must be converted to NAVD 1988 elevations.
B. The use of the National Geodetic Vertical Datum of 1929 shall not
be applicable.
C. A development permit at a cost in an amount set forth in Chapter
114, Fee Schedule, shall be obtained before construction or development begins and all improvements, including those in FEMA 480 8-8 and placement of manufactured homes, within any area of special or moderate flood hazard established in §
126-7. Application for a development permit shall be made on forms furnished by the Certified Floodplain Manager 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.
[Amended 3-26-2020 by Ord. No. 2020-05; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
D. Specifically, the following information is required:
(1) Application stage:
(a)
Elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures.
(b)
Elevation, in relation to mean sea level, to which any structure
has been floodproofed.
(c)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in §
126-17B.
(d)
Existing and proposed infrastructure.
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(f)
Building plans for any walls to be used to enclose space below
the base flood elevation.
(2) Construction stage: Upon the placement of the top of block, the lowest
floor or floodproofing by whatever construction means, it shall be
the duty of the permit holder to submit to the Certified Floodplain
Manager certification of the elevation of the lowest floor or floodproofed
elevation, as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered
land surveyor or professional engineer who is authorized to certify
such information in the State of New Jersey and certified by same.
Any work undertaken prior to submission of the certification shall
be at the permit holder's risk.
(3) The Certified Floodplain Manager shall review the lowest floor elevation
and floodproofing certificate. Should these documents be found not
in conformance with the requirements of this chapter, the permit holder
shall immediately cease further work and shall correct any deficiencies.
Failure of the permit holder to submit the surveyed lowest floor elevation
and floodproofing certificate, and failure to correct said deficiencies
required hereby, shall be cause to issue a stop-work order for the
project.
(4) Upon
development completion and following the final inspection, a nonconversion
agreement signed by the developer and/or property owner shall be submitted
to the Ventnor City Code Enforcement Office and be recorded with the
deed for the property with the Atlantic County Clerk's Office. This
nonconversion agreement is a prerequisite to the issuance of a certificate
of occupancy. The nonconversion agreement shall be enforced through
the Ventnor City Code Enforcement Office and include the following
conditions:
[Added 5-28-2020 by Ord. No. 2020-10]
(a) The owner and or/developer will not convert or alter the area below
the lowest floor elevated above the base flood elevation plus three
feet above what has been initially constructed and approved in such
a way that would make the enclosure and structure more susceptible
to flood damage.
(b) The area below the lowest floor elevated above the base flood elevation
plus three feet shall never be used for human habitation or any use,
excepting vehicle parking, limited storage, or building access without
first becoming compliant with this chapter.
(c) The owner and/or developer shall grant staff of the Ventnor City
Code Enforcement Office entry and permission to inspect the enclosed
area at any time to ensure compliance with the nonconversion agreement.
(d) Mechanical, electrical, and/or plumbing devices that service the
building shall not be installed below the base flood elevation, plus
three feet.
(e) Any openings in the walls of the enclosed shall not be blocked, obstructed,
or otherwise altered to reduce the size of the openings or restrict
the automatic entry and exit of floodwater.
(f) All interior walls, ceilings, and floors beneath the lowest horizontal
structural member of the lowest floor shall remain unfinished or constructed
of flood-resistant materials.
(g) The agreement shall run with the land and be enforceable while the
approved structure is extant, regardless of ownership. Information
regarding the nonconversion agreement shall be disclosed to successive
property owners.
(h) Any breach of this agreement shall constitute a violation of Chapter
126 of the Ventnor City Code.
The governing body of the City of Ventnor City hereby appoints
the Certified Floodplain Manager to administer and implement the provisions
of this chapter by granting or denying development permit applications
in accordance with its provisions.
Duties of the Certified Floodplain Manager shall include, but
not be limited to:
A. Permit review. The local administrator shall:
(1) Review all development permits to determine that the permit requirements
of this chapter 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.
(4) Review all development permits in the coastal high-hazard area of
special flood hazard to determine if the proposed development alters
sand dunes or other natural coastal protections so as to increase
potential flood damage.
(5) Review plans for walls to be used to enclose space below the base flood level in accordance with §
126-17B.
B. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with §
126-7, Basis for establishing areas of special flood hazard, the Certified Floodplain Manager 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 §
126-17A, Specific standards, Residential construction, and §
126-17B, Specific standards, Nonresidential construction. For all areas of moderate flood hazard that do not have base flood elevations, the base flood elevation for regulatory purposes shall be the base flood elevation of the adjacent area of special flood hazard. Should the area of moderate flood hazard adjoin areas of special flood hazard with differing base flood elevations, the higher base flood elevation shall be assumed.
[Amended 3-26-2020 by Ord. No. 2020-05]
C. Information to be obtained and maintained. The local administrator
shall:
(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); and
(b)
Maintain the floodproofing certifications required in §
126-12C.
(3) In coastal high-hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of §
126-19A and
B(2)(a) and
(b) are met.
(4) Maintain for public inspection all records pertaining to the provisions
of this chapter.
D. Alteration of watercourses. The local administrator shall:
(1) Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, 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.
E. Interpretation of FIRM boundaries. The local administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of moderate and special flood hazard (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 §
126-15.
[Amended 3-26-2020 by Ord. No. 2020-05]
F. Critical facilities. Construction of new critical facilities shall
be protected to at least one foot above the 500-year (0.2% annual
chance) flood level stillwater elevation described in the effective
map's corresponding Flood Insurance Study. Floodproofing and sealing
measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated
to or above the level of the base flood elevation shall be provided
to all critical facilities to the maximum extent possible.
G. Substantial damage review. After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes. Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control. Ensure substantial improvements meet the requirements of §
126-17A, Specific standards, Residential construction, §
126-17B, Specific standards, Nonresidential construction, and §
126-17C, Specific standards, Manufactured homes.