[1]
Editor's Note: Former Ch. 19, Flood Damage Prevention, was
repealed 7-27-2022 by Ord. No. 849-2022. Prior history includes: Ord.
Nos. 682-2013, 688-2013, 710-2014, 731-2015; 749-2016, 752-2016; 757-2017.
[Added 7-27-2022 by Ord.
No. 849-2022]
These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, shall be known as
the "Floodplain Management Regulations of Borough of Avalon" (hereinafter
"these regulations").
[Added 7-27-2022 by Ord.
No. 849-2022]
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development and improvements in existing development in flood hazard areas established in § 19-2 of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
The purposes and objectives of these regulations are to promote
the public health, safety, and general welfare and to minimize public
and private losses due to flood conditions in specific flood hazard
areas through the establishment of comprehensive regulations for management
of flood hazard areas, designed to:
a.
Protect human life and health.
b.
Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
c.
Manage the alteration of natural floodplains, stream channels and
shorelines.
d.
Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
e.
Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
f.
Contribute to improved construction techniques in the floodplain.
g.
Minimize damage to public and private facilities and utilities.
h.
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
i.
Minimize the need for rescue and relief efforts associated with flooding.
j.
Ensure that property owners, occupants, and potential owners are
aware of property located in flood hazard areas.
k.
Minimize the need for future expenditure of public funds for flood-control
projects and response to and recovery from flood events.
l.
Meet the requirements of the National Flood Insurance Program for
community participation set forth in Title 44 Code of Federal Regulations,
Section 59.22.
[Added 7-27-2022 by Ord.
No. 849-2022]
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that the Borough of Avalon administer and
enforce the state building codes, the Borough Council of the Borough
of Avalon does hereby acknowledge that the Uniform Construction Code
contains certain provisions that apply to the design and construction
of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction
with the Uniform Construction Code.
[Added 7-27-2022 by Ord.
No. 849-2022]
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement § 19-3.14 of this chapter.
[Added 7-27-2022 by Ord.
No. 849-2022]
The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
[Added 7-27-2022 by Ord.
No. 849-2022]
The provisions of these regulations shall not be deemed to nullify
any provisions of local, state, or federal law.
[Added 7-27-2022 by Ord.
No. 849-2022]
a.
No structure or land shall hereafter be constructed, relocated to,
extended, converted, or altered without full compliance with the terms
of this chapter and other applicable regulations. 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) shall constitute a violation under N.J.S.A.
40:49-5. Any person who violates this chapter or fails to comply with
any of its requirements shall be subject to one or more of the following:
a fine of not more than $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, and
in addition shall pay all costs and expenses involved in the case.
b.
Each day in which a violation of an ordinance exists shall be considered
to be a separate and distinct violation subject to the imposition
of a separate penalty for each day of the violation as the court may
determine except that the owner will be afforded the opportunity to
cure or abate the condition during a thirty-day period and shall be
afforded the opportunity for a hearing before the court for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $2,000 may be imposed
if the court has not determined otherwise, or if upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
c.
Any person who is convicted of violating an ordinance within one
year of the date of a previous violation of the same ordinance, and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of the ordinance but shall be calculated separately from the fine
imposed for the violation of the ordinance.
[Added 7-27-2022 by Ord.
No. 849-2022]
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with this chapter or fails to comply
with any of its requirements shall upon conviction thereof be fined
not more than $2,500 or up to a maximum penalty by a fine not exceeding
$10,000 under N.J.S.A. 40:49-5.
[Added 7-27-2022 by Ord.
No. 849-2022]
These regulations supersede any ordinance in effect in flood
hazard areas. However, these regulations are not intended to repeal
or abrogate any existing ordinances, including land development regulations,
subdivision regulations, zoning ordinances, stormwater management
regulations, or building codes. In the event of a conflict between
these regulations and any other ordinance, code, or regulation, the
more restrictive shall govern.
[Added 7-27-2022 by Ord.
No. 849-2022]
These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; Utility and Miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Borough of Avalon was accepted for participation in the
National Flood Insurance Program on December 31, 1970. The National
Flood Insurance Program (NFIP) floodplain management regulations encourage
that all federal, state, and local regulations that are more stringent
than the minimum NFIP standards take precedence in permitting decisions.
The FHACA requires that the effective Flood Insurance Rate Map, most
recent preliminary FEMA mapping and flood studies, and Department
delineations be compared to determine the most restrictive mapping.
The FHACA also regulates unstudied flood hazard areas in watersheds
measuring 50 acres or greater in size and most riparian zones in New
Jersey. Because of these higher standards, the regulated flood hazard
area in New Jersey may be more expansive and more restrictive than
the FEMA special flood hazard area. Maps and studies that establish
flood hazard areas are on file at the Borough of Avalon Construction
Office, Bureau of Flood Damage Prevention, 3100 Dune Drive, Avalon,
New Jersey, 08202. The following sources identify flood hazard areas
in this jurisdiction and must be considered when determining the best
available flood hazard data area:
a.
Effective flood insurance study. Special flood hazard areas (SFHAs)
identified by the Federal Emergency Management Agency in a scientific
and engineering report entitled "Flood Insurance Study, Cape May County,
New Jersey, (All Jurisdictions)" dated October 5, 2017, and the accompanying
Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose
effective date is October 5, 2017, are hereby adopted by reference.
|
Table 102.2(1)
| |||||
|---|---|---|---|---|---|
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
|
34009C0234
|
10/5/2017
|
F
|
34009C0261
|
10/5/2017
|
F
|
|
34009C0251
|
10/5/2017
|
F
| |||
|
34009C0252
|
10/5/2017
|
F
| |||
|
34009C0253
|
10/5/2017
|
F
| |||
|
34009C0254
|
10/5/2017
|
F
| |||
b.
Federal best available information. The Borough of Avalon shall utilize
federal flood information as listed in the table below that provides
more detailed hazard information, higher flood elevations, larger
flood hazard areas, and results in more restrictive regulations. This
information may include, but is not limited to, preliminary flood
elevation guidance from FEMA (such as advisory flood hazard area maps,
work maps or preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this chapter must be considered in
accordance with the process herein. These studies are listed on FEMA's
Map Service Center. This information shall be used for floodplain
regulation purposes only. The absence of best available map data listed
in Table 102.2(2) at the time of ordinance adoption does not eliminate
the requirement to consider future best available data in future decisionmaking.
|
Table 102.2(2) (Reserved)
| |||
|---|---|---|---|
|
Map Panel No.
|
Preliminary Date
|
Map Panel No.
|
Preliminary Date
|
c.
Other best available data. The Borough of Avalon may utilize high-water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough of Avalon. Other best available information may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 19-2.2a and b, above. This information shall be used for floodplain regulation purposes only. When no data is shown, data is currently unavailable or not adopted herein.
|
Table 102.2(3) (Reserved)
| |||
|---|---|---|---|
|
Map Description
|
Ordinance Number
|
Date Effective
|
Date Withdrawn and Ordinance Number
|
d.
Flood hazard protection area AE Zone (FHPA-AE). The flood hazard
protection area AE Zone is designated in any area where the AE Zone
is the most restrictive flood hazard data after considering all maps
and studies required to be analyzed by this chapter.
e.
Flood hazard protection area Coastal A Zone (FHPA-CA). The flood
hazard protection area Coastal A Zone is designated in any area where
the Coastal A Zone is the most restrictive flood hazard data after
considering all maps and studies required to be analyzed by this chapter.
f.
Flood hazard protection areas VE Zones (FHPA-VE). The flood hazard
protection area VE Zone is designated in any area where the AE Zone
is the most restrictive flood hazard data after considering all maps
and studies required to be analyzed by this chapter.
g.
Flood hazard protection areas AO and AH (FPHA-AOAH). Flood hazard
protection area AOAH Zone is designated in any area where the AE Zone
is the most restrictive flood hazard data after considering all maps
and studies required to be analyzed by this chapter.
h.
Flood hazard protection areas X Zones (FHPA-X). The flood hazard
protection area X Zone is designated in any X or unshaded X Zone area
where the X Zone is the most restrictive flood hazard data after considering
all maps and studies required to be analyzed by this chapter or in
unmarked areas located on a primary frontal dune.
[Added 7-27-2022 by Ord.
No. 849-2022]
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 19-2.2, above, using the best available federal flood hazard data sources for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this chapter. At a minimum, the local design flood elevation shall be as follows:
a.
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 19-2.2, above plus three feet of freeboard from top of the deep foundation, or as described by N.J.A.C. 7:13, provided that it is more restrictive than three feet of freeboard; or
b.
For flood hazard protection areas FHPA-AE Zones, the local design
flood elevation shall be the elevation associated with the base flood
elevation shown on the effective Flood Insurance Rate Map plus three
feet freeboard to the top of the deep foundation.
c.
For flood hazard protection areas FHPA-CA and FHPA-VE, the local
design flood elevation shall be the elevation associated with the
base flood elevation shown on the effective Flood Insurance Rate Map
plus three feet to the bottom of the lowest horizontal structural
member.
d.
Flood hazard protection area AO and AH Zones. For FHPA-AOAH areas
on the municipality's FIRM (or on preliminary flood elevation
guidance from FEMA), the local design flood elevation is determined
from the FIRM panel as the highest adjacent grade plus the depth number
specified plus three feet of freeboard to the top of deep foundations.
If no depth number is specified, the local design flood elevation
is three feet above the highest adjacent grade.
e.
Flood hazard protection area X Zones. For flood hazard protection
area X Zones, noted as shaded and unshaded X Zones, on the municipality's
FIRM (or on preliminary flood elevation guidance from FEMA), or where
there is existing development located on the primary frontal dune,
the local design flood elevation is determined as the highest adjacent
grade plus three feet of freeboard to the top of the deep foundation.
f.
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation plus one foot or the flood hazard area design flood elevation in accordance with ASCE 24. The elevation and provisions associated with the most restrictive flood hazard information available in accordance with § 19-2.2 of these regulations shall apply.
g.
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation plus one foot or the flood hazard area design flood elevation with an additional three feet of freeboard in accordance with ASCE 24. The elevation and provisions associated with the most restrictive flood hazard information available in accordance with § 19-2.2 of these regulations shall apply.
h.
Mixed-use and mixed-class occupancies. Whenever a mixed use or class
occurs which causes a difference in required elevation of a proposed
development or a substantially improved existing development, the
local design flood elevation shall be the more restrictive of the
uses or classes.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Borough of Avalon shall employ a Floodplain Administrator
to enforce these regulations. When the Borough has not designated
an individual to perform the duties of Floodplain Administrator, the
Borough of Avalon Construction Official is designated the Floodplain
Administrator. The Floodplain Administrator shall have the authority
to delegate performance of certain duties to other employees.
The Avalon Construction Division is responsible for the administration of development issues within the Borough, including permitting, inspection, and review of all construction and the maintenance of permit records in accordance with N.J.A.C. 5:23. The Construction Official and Floodplain Administrator have joint responsibility to make available administrative documents such as guides, applications, forms, outreach materials, etc., related to building and development in the flood hazard area. These regulations shall be enforced by the Bureau of Flood Damage Prevention within the Division of Construction Code Enforcement which shall be directed by the Floodplain Administrator who shall be assisted by such additional personnel as may be authorized, including a Deputy Floodplain Administrator, if any, and a Floodplain Coordinator and a Community Rating System Coordinator (CRS). These individuals shall be appointed in accordance with the procedures established in Chapter 2, § 2-6.6 of this Code, and each shall perform those duties, obligations and responsibilities set forth in that section and as otherwise imposed by law, including the guidance, rules, and regulations of the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP). The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 19-7 of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform
Construction Code.
[Added 7-27-2022 by Ord.
No. 849-2022]
The duties of the Floodplain Administrator shall include, but
are not limited to:
a.
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 19-2 of these regulations.
b.
Require development in flood hazard areas to be reasonably safe from
flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
c.
Interpret flood hazard area boundaries and provide available flood
elevation and flood hazard information.
d.
Determine whether additional flood hazard data shall be obtained
or developed.
e.
Review new flood hazard data and report upon the findings to the
Business Administrator when a change in this chapter may be required.
f.
Review required certifications and documentation specified by these
regulations and the building code to determine that such certifications
and documentations are complete.
g.
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 19-3.14 of these regulations.
h.
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
i.
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 19-7 of these regulations.
j.
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
k.
Require applicants who propose alteration of a watercourse to notify
adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
l.
Inspect development in accordance with § 19-6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
m.
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 19-7 of these regulations.
n.
Maintain the records of all appeal actions, including technical information,
and report any variances to the Federal Emergency Management Agency
upon request.
p.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Borough of Avalon have been modified.
q.
Issue permits for ordinary maintenance and minor work in the regulated areas discussed in § 19-2.2 after substantial improvement and substantial damage assessments have been completed and proposed projects found to be in compliance with these regulations.
r.
Issue floodplain development permits prior to the start of any project
in a flood hazard zone. Issue a floodplain certificate of approval
after inspection of projects when projects are deemed substantially
complete by the Floodplain Administrator. Upon substantial completion
of projects, a floodplain certificate of approval shall be issued
after final inspection and prior to issuance of a certificate in accordance
with the Uniform Construction Code rules for prior approvals.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator and the applicant shall not use
changed flood hazard area boundaries or base flood elevations for
proposed buildings or developments unless the Floodplain Administrator
or applicant has applied for a conditional letter of map revision
(CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received
the approval of the Federal Emergency Management Agency.
[Added 7-27-2022 by Ord.
No. 849-2022]
It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act. In the event of conflicting permit
requirements, the Floodplain Administrator must ensure that the most
restrictive floodplain management standards are reflected in permit
approvals.
[Added 7-27-2022 by Ord.
No. 849-2022]
a.
If design flood elevations are not specified, the Floodplain Administrator
is authorized to require the applicant to:
1.
Obtain, review, and reasonably utilize data available from a federal
source, or when federal data is unavailable, a state or other acceptable
source; or
2.
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
b.
As part of the plan review process, the Floodplain Administrator shall verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 19-2.2 and 19-2.3 respectively. This information shall be provided to the Construction Official and documented according to § 19-3.15.
[Added 7-27-2022 by Ord.
No. 849-2022]
Base flood elevations may increase or decrease resulting from
natural changes (e.g., erosion, accretion, channel migration, subsidence,
uplift) or man-made physical changes (e.g., dredging, filling, excavation)
affecting flooding conditions. As soon as practicable, but not later
than six months after the date of a man-made change or when information
about a natural change becomes available, the Floodplain Administrator
shall notify the Federal Insurance Administrator of the changes by
submitting technical or scientific data in accordance with Title 44
Code of Federal Regulations, Section 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
[Added 7-27-2022 by Ord.
No. 849-2022]
In riverine flood hazard areas where design flood elevations
are specified but floodways have not been designated, the Floodplain
Administrator shall not permit any new construction, substantial improvement
or other development, including the placement of fill, unless the
applicant submits an engineering analysis prepared by a licensed professional
engineer that demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachment, will not increase the design flood
elevation more than 0.2 foot at any point within the community.
[Added 7-27-2022 by Ord.
No. 849-2022]
Prior to issuing a permit for any floodway encroachment, including
fill, new construction, substantial improvements and other development
or land-disturbing activity, the Floodplain Administrator shall require
submission of a certification prepared by a licensed professional
engineer, along with supporting technical data, that demonstrates
that such development will not cause any increase in the base flood
level.
[Added 7-27-2022 by Ord.
No. 849-2022]
A floodway encroachment that increases the level of the base
flood is authorized if the applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
and has received the approval of FEMA.
[Added 7-27-2022 by Ord.
No. 849-2022]
Prior to issuing a permit for any alteration or relocation of
any watercourse, the Floodplain Administrator shall require the applicant
to provide notification of the proposal to the appropriate authorities
of all adjacent government jurisdictions, as well as the NJDEP Bureau
of Flood Engineering and the Division of Land Resource Protection.
A copy of the notification shall be maintained in the permit records
and submitted to FEMA.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator shall require submission of an
engineering analysis prepared by a licensed professional engineer,
demonstrating that the flood-carrying capacity of the altered or relocated
portion of the watercourse will be maintained, neither increased nor
decreased. Such watercourses shall be maintained in a manner that
preserves the channel's flood-carrying capacity.
[Added 7-27-2022 by Ord.
No. 849-2022]
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, or any primary frontal dune area, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the floodplain development permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage. Excavation and alterations of sand dunes shall also be in accordance with Avalon Borough Code Chapter 23.
[Added 7-27-2022 by Ord.
No. 849-2022]
Excavation and alteration of sand dunes in areas not included in this section shall be in accordance with Avalon Borough Code Chapter 23.
[Added 7-27-2022 by Ord.
No. 849-2022]
All development in riparian zones as described in N.J.A.C. 7:13
is prohibited by this chapter unless the applicant has received an
individual or general permit or has complied with the requirements
of a permit by rule or permit by certification from NJDEP Division
of Land Resource Protection prior to application for a floodplain
development permit and the project is compliant with all other floodplain
development provisions of this chapter. The width of the riparian
zone can range between 50 feet and 300 feet and is determined by the
attributes of the water body and designated in the New Jersey Surface
Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian
zone located outside of a regulated water is measured landward from
the top of bank. Applicants can request a verification of the riparian
zone limits or a permit applicability determination to determine state
permit requirements under N.J.A.C. 7:13 from the NJDEP Division of
Land Resource Protection.
[Added 7-27-2022 by Ord.
No. 849-2022]
When buildings and structures are damaged due to any cause,
including, but not limited to, man-made, structural, electrical, mechanical,
or natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for construction permits to
improve buildings and structures, including alterations, movement,
repair, additions, rehabilitations, renovations, ordinary maintenance
and minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
a.
Estimate the market value or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market
value of the building or structure before the start of construction
of the proposed work; in the case of repair, the market value of the
building or structure shall be the market value before the damage
occurred and before any repairs are made.
b.
Determine and include the costs of all ordinary maintenance, as discussed in § 19-2.2, performed in the floodplain regulated by this chapter in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
c.
Compare the cost to perform the improvement, the cost to repair the
damaged building to its predamaged condition, or the combined costs
of improvements and repairs, where applicable, to the market value
of the building or structure.
d.
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage. For substantial improvement,
this determination requires the evaluation of previous permits issued
for improvements over a period of 10 years prior to the permit application
as specified in the definition of substantial improvement. For substantial
damage, this determination requires the evaluation of previous permits
issued for repairs over a period of five years prior to the permit
application as specified in the definition of substantial damage.
e.
Notify the applicant, in writing, when it is determined that the
work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood-resistant construction requirements
of the building code is required, and issue the permit to the applicant
when it is determined that work does not constitute substantial improvement
or repair of substantial damage, or that the project complies with
the requirements of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
In addition to the requirements of the construction code and
these regulations, and regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of all
appeal actions, including technical information, records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
The floodplain development permit, elevation certificates, flood opening
certificates, floodproofing certificates, and other floodplain-related
certifications shall be filed with the construction permit documents
and shall be maintained for the life of the structure. The documents
may be viewed at Avalon Borough Hall Construction Office, 3100 Dune
Drive, Avalon, NJ, 08202, during regular business hours. Requests
for copies of elevation certificates shall be made to the Municipal
Clerk of the Borough of Avalon.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator and any employee charged with the
enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit,
or proceeding that is instituted in pursuance of the provisions of
these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
The property owner may request a review of the Floodplain Manager's
Administrator's interpretation of any provision of this chapter
such as substantial improvement determinations, substantial damage
determinations, or notices of violation of the regulations in this
chapter. In the Borough of Avalon, appeals are heard by the Avalon
Planning and Zoning Board. Appeals shall be made, in writing, to the
attention of the Planning and Zoning Board Secretary at 3100 Dune
Drive, Avalon, NJ 08202. The applicant for an appeal shall provide
such documentation as necessary to provide the basis for the appeal.
Additional documentation may be requested by the Planning and Zoning
Board President, Board Engineer and/or the Planning and Zoning Board
Solicitor. Appeals will be heard during the regular meeting of the
Planning and Zoning Board at the time and place scheduled by the Planning
and Zoning Board Secretary. The Planning and Zoning Board is not constrained
by the time limits or rules imposed on such boards by the Municipal
Land Use Law in the hearing of planning or zoning variances.
[Added 7-27-2022 by Ord.
No. 849-2022]
Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application
to the Floodplain Administrator and shall obtain the required permit.
Depending on the nature and extent of proposed development, repair,
or improvement that includes a building or structure, the Floodplain
Administrator may determine that a floodplain development permit or
approval is required. The Avalon Zoning Official shall determine whether
a zoning permit is required for any development, repair, or improvement
in accordance with Avalon zoning regulations. The Construction Official
shall determine whether a construction permit is required for any
minor work or new construction in accordance with N.J.A.C. 5:23.
[Added 7-27-2022 by Ord.
No. 849-2022]
The applicant shall file an application, in writing, on a form
furnished by the Floodplain Administrator. Such application shall:
a.
Identify and describe the development to be covered by the permit.
b.
Describe the land on which the proposed development is to be conducted
by legal description, street address and block(s) and lot(s) or, when
that information is not available, similar description that will readily
identify and definitively locate the site.
c.
Indicate the use and occupancy for which the proposed development
is intended.
d.
Be accompanied by a site plan and construction documents as specified in § 19-5 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
e.
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work. Valuation shall be the market
value of the proposed work, including all materials and labor to perform
the work.
f.
Elevation in the NAVD88 datum of the lowest floor (including basement)
of all structures.
1.
When a permit application is submitted without submitting the elevation
as required, it shall be assumed by the Floodplain Administrator that
the elevation is below the local design flood elevation and a substantial
improvement evaluation shall be completed.
g.
Elevation in the NAVD88 datum to the top of the masonry foundation,
support column or pier, or pile in AE Zones, AH Zones, AO Zones, and
X Zones, or the bottom of the lowest horizontal structural member
in VE Zones or Coastal A Zones.
1.
When a permit application for a rehabilitation is submitted without
submitting the elevation as required, it shall be assumed by the Floodplain
Administrator that the elevation is below the local design flood elevation
and a substantial improvement evaluation shall be completed.
h.
Elevation in the NAVD88 datum to which any structure has been floodproofed.
j.
Show the location and elevation of all mechanical and utility equipment
servicing the building.
k.
For buildings with solid foundation walls and buildings with enclosures
below the local design flood elevation, the total area of each enclosed
area (in square feet) measured on the outside, the location and specifications
of all flood openings, and either the total net open area (in square
inches) of flood openings below the base flood elevation, accounting
for screens, louvers, faceplates, and grills, or a statement of certification
if engineered openings are specified (see NFIP Technical Bulletin
No. 1).
1.
If flood openings are detailed in the building plans, indicate on
the floodplain development permit application the location of the
information in the plans for Floodplain Administrator review.
l.
Be signed by the applicant or the applicant's authorized agent.
[Added 7-27-2022 by Ord.
No. 849-2022]
A floodplain development permit shall not be issued until all fees owed to the Borough of Avalon and fees set forth in § 19-18 of these regulations have been paid in full. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this or any other ordinance of the jurisdiction. The issuance of a permit under these regulations shall not be construed to be approval of preexisting nonconformities. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
[Added 7-27-2022 by Ord.
No. 849-2022]
A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested, in writing, and
justifiable cause demonstrated. The Floodplain Administrator is authorized
to grant, in writing, one or more extensions of time, for periods
not more than 180 days each.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator is authorized to suspend or revoke
a permit issued under these regulations wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information,
or in violation of any ordinance or code of this jurisdiction.
[Added 7-27-2022 by Ord.
No. 849-2022]
The site plan or construction documents for any development
subject to the requirements of these regulations shall be drawn to
scale and shall include, as applicable to the proposed development:
a.
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
b.
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 19-5.2.
c.
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 19-5.3c of these regulations.
d.
Location of the proposed activity and proposed structures, including
additions to existing structures, and locations of existing buildings
and structures; in coastal high hazard areas and Coastal A Zones,
new buildings shall be located landward of the reach of mean high
tide.
1.
Where buildings have foundation walls or other enclosures below the
local design flood elevation, the location, type, and size of flood
openings shall be specified on plan. When engineered flood openings
are used, an engineered opening certification shall be submitted with
the final elevation certificate. The engineered opening certification
shall be provided on the International Code Council Evaluation Service
(ICC-ES) form for the engineered opening or an individual certification.
The individual certification shall, at minimum, cover the following:
(a)
An identification of the building address that has the engineered
openings installed;
(b)
The design professional's name, title, address, type of
license, signature, and seal;
(c)
A statement certifying the design of the openings will automatically
equalized hydrostatic flood loads on exterior walls by allowing for
the automatic entry and exist of floodwaters; and
(d)
A description of the range of flood characteristics tested or
computed for which the certification is valid, such as rates of rise
and fall of floodwaters.
e.
For development in coastal high hazard areas (V Zones) and Coastal A Zones, the design professional shall submit a preconstruction V Zone design certificate. The plans shall identify and detail all elements to be installed below the elevations required in § 19-2.3, including, but not limited to, breakaway walls and finish materials, and flood openings. Prior to the final inspection required by § 19-6.3 of these regulations, a final V Zone certificate shall be submitted. Discrepancies between the design V Zone certificate and the Final V Zone certificate shall be accompanied by comments stating the reasons for deviations from the plans.
f.
For development in coastal high hazard areas (V Zones), Coastal A
Zones, A Zones, and Flood Hazard Protection Areas, deep foundation
details as specified in Chapter 4 of ASCE 24, Section 1612.3 of the
International Building Code, or Sections R322 and R401 of the International
Residential Code, as applicable for flood hazard areas. Foundations
shall be designed and sealed by a registered design professional.
g.
The details on the site plan shall:
1.
Include
a North orientation arrow;
2.
Identify
the scale used in the drawing;
3.
Show
the location and names of adjacent streets;
4.
Show
all watercourses on the parcel;
5.
Show
all floodplain, V Zone, Coastal A Zone, and floodway barriers that
run through the parcel;
6.
Show
all required buffer or setback lines from shorelines or channel banks;
7.
Show
all drainage and utility easements;
8.
Indicate
all areas to be cleared, cut graded, or filled; and
9.
Show
the location of all existing and proposed fences, walls, and other
structures.
h.
The site plan shall indicate the location, extent, amount, and proposed
final grades of any filling, grading, or excavation.
i.
Where the placement of fill is proposed, the amount, type, and source
of fill material; compaction specifications; a description of the
intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
j.
Extent
of any proposed alteration of sand dunes or excavation or fill of
any primary frontal dune area.
k.
Existing
and proposed alignment of any proposed alteration of a watercourse.
l.
Floodproofing
certifications, V Zone and breakaway wall certifications, operations
and maintenance plans, warning and evacuation plans and other documentation
required pursuant to FEMA publications.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance with these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
Where flood hazard areas are delineated on the effective or
preliminary FIRM and base flood elevation data have not been provided,
the applicant shall consult with the Floodplain Administrator to determine
whether to:
a.
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13
in conjunction with Appendix 1 of the FHACA to determine the required
flood elevation.
b.
Obtain, review, and reasonably utilize data available from a federal,
state, or other source when those data are deemed acceptable to the
Floodplain Administrator to reasonably reflect flooding conditions.
c.
Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering techniques according to Method 6 as described
in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a
licensed professional engineer.
[Added 7-27-2022 by Ord.
No. 849-2022]
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
a.
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 19-5.4 of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
b.
For development activities proposed to be located in a riverine flood
hazard area where base flood elevations are included in the FIS or
FIRM but floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachments will not increase the base flood elevation
more than 0.2 foot at any point within the jurisdiction. This requirement
does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or
Zone AH.
c.
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 19-5.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
d.
For activities that propose to alter sand dunes in coastal high hazard
areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates
that the proposed alteration will not increase the potential for flood
damage and documentation of the issuance of a New Jersey Coastal Zone
Management permit under N.J.A.C. 7:7.
e.
For analyses performed using Methods 5 and 6 (as described in N.J.A.C.
7:13) in flood hazard zones without base flood elevations (approximate
A Zones).
When additional hydrologic, hydraulic or other engineering data,
studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a letter of map change (LOMC)
from FEMA to change the base flood elevations, change floodway boundaries,
or change boundaries of flood hazard areas shown on FIRMs, and to
submit such data to FEMA for such purposes. The analyses shall be
prepared by a licensed professional engineer in a format required
by FEMA. Submittal requirements and processing fees shall be the responsibility
of the applicant.
[Added 7-27-2022 by Ord.
No. 849-2022]
Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the building code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the building
code or other ordinances shall not bevalid.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator shall inspect all development in
flood hazard areas authorized by issuance of permits under these regulations.
The Floodplain Administrator shall inspect flood hazard areas from
time to time to determine if development is undertaken without issuance
of a permit.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Construction Official shall make or cause to be made, inspections
for buildings and structures in flood hazard areas authorized by permit
in accordance with the Uniform Construction Code, N.J.A.C. 5:23. The
Floodplain Administrator shall make or cause to be made, inspections
in accordance with the following:
a.
Mark-out inspection. After the parcel is staked out or otherwise
marked, and prior to installation of piles or footings, if the parcel
is in a floodway, or a Coastal A Zone or V Zone goes through the parcel,
or there is a natural area that is not to be disturbed (such as sand
dunes), the lines or areas must also be clearly marked. This inspection
is to verify the markings. This inspection is not required if such
areas do not encroach onto the parcel, or the parcel is fully within
a Coastal A Zone or V Zone.
b.
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 19-15.2 shall be submitted to the Construction Official on an elevation certificate marked "Building under construction." The inspection shall include:
1.
The foundations or forms are correctly located on the site;
2.
Foundations or anchoring systems for new or replacement manufactured
homes and accessory structures shall be inspected prior to placement
of the structure or modules;
3.
Where buildings have foundation walls or other enclosures below the
local design flood elevation, the location and size of the openings
are as specified on the released plans; and
4.
In coastal high hazard areas (V Zones) and Coastal A Zones, slabs
placed under the building are not connected to the foundation.
c.
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 19-15.2 shall be submitted to the Construction Official on an elevation certificate.
d.
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 19-15.2.
e.
Final inspection. Prior to the final inspection, certification of the elevation required in § 19-15.2 shall be submitted to the Construction Official on an elevation certificate. The elevation certificate shall also be made available to the Floodplain Administrator. A final inspection is required for all floodplain development permit required work. The final inspection shall verify at minimum that:
1.
The foundation and floor elevation have not been altered since the
second inspection.
2.
All areas below the required elevation are constructed with materials
resistant to flood damage.
3.
All required manufactured home tie-downs are in place.
4.
Where buildings have foundation walls or other enclosures below the
local design flood elevation, the location, type, and size of the
openings are as specified on the released plans and the flood openings
are recorded on the elevation certificate. When engineered flood openings
are used, an engineered opening certification shall be submitted with
the final elevation certificate. The engineered opening certification
shall be provided on the International Code Council Evaluation Service
(ICC-ES) form for the engineered opening or an individual certification.
The individual certification shall, at minimum, cover the following:
(a)
An identification of the building address that has the engineered
openings installed;
(b)
The design professional's name, title, address, type of
license, signature, and seal;
(c)
A statement certifying the design of the openings will automatically
equalized hydrostatic flood loads on exterior walls by allowing for
the automatic entry and exist of floodwaters; and
(d)
A description of the range of flood characteristics tested or
computed for which the certification is valid, such as rates of rise
and fall of floodwaters.
5.
All electrical, heating, ventilation, plumbing, air conditioning,
duct work, and other equipment are located, elevated, or protected
as specified on the released plans, are installed in accordance with
these regulations, and recorded on the elevation certificate.
6.
There has been no alteration of the ground since the second inspection or the ground has been graded according to the released plans and Chapter 27 of Avalon Borough Code, and that any enclosures below the local design flood elevation are set to or above the elevation of the finished grade.
7.
The elevation certificate shall be on the required form and shall
contain no errors. The Floodplain Administrator and Floodplain Coordinator
shall review the submitted elevation certificate for accuracy and
certificates found to be submitted using an incorrect form or to contain
errors shall be returned for correction. When correct elevation certificates
are submitted, the creator shall confirm that the corrected certificate
has also been forwarded to the property owner.
8.
In V and Coastal A Zones, upon the completion of construction, and
before issuance of the certificate of approval required by these regulations,
the design professional shall submit a V Zone certificate attesting
to compliance with the regulations in these zones.
9.
In floodproofed nonresidential construction, the design professional
shall submit a floodproofing certificate attesting to compliance with
the regulations for floodproofing of a structure.
Upon completion of the final inspection and submission to the
Floodplain Administrator and subsequent review of all required documents
for compliance, the Floodplain Administrator shall issue a certificate
of approval. In the case of new construction, substantial improvement,
or repair of substantial damage, the floodplain management certificate
of approval shall be issued prior to issuance of the building certificate
of occupancy or certificate of approval under N.J.A.C. 5:23-2 as applicable.
The following documents are required prior to issuance of the certificate:
Properties subject to nonconversion agreements described in § 19-15.2 of these regulations shall be subject to periodic inspections by duly authorized agents of the Borough of Avalon, without notice, at reasonable times and intervals as determined by the Borough. This may be in addition to, or concurrent with, other routine inspections performed by the Borough, including, but not limited to, zoning inspections during and post-construction, licensing inspections, fire inspections, and inspections upon transfer of ownership of the property. Properties subject to nonconversion agreements described in § 19-15.2 of these regulations shall also be subject to inspections at least annually. When the property to be inspected is to be licensed to rent, the property shall be inspected for compliance with these regulations during the annual rental inspection according to the schedule established in Chapter 22 of Avalon Borough Code. For all other properties subject to nonconversion agreements, the annual inspection will be scheduled through the office of the Floodplain Administrator, and inspections shall occur between June 1 and July 31 of each year.
The Floodplain Administrator, in conjunction with the Fire Official,
shall make or cause to be made, inspections for buildings and structures
in flood hazard areas in conjunction with the certificate of smoke
detector, carbon monoxide alarm and portable fire existinguisher compliance
inspection (CSDCMAPFEC) as required by N.J.A.C. 5:70. Inspections
shall include the following:
a.
Lowest floor elevation. Inspect the enclosed area(s) below the elevation required in § 19-15.2 to confirm that the area(s) use is limited to what is permitted by these regulations.
b.
Installation of attendant utilities and equipment. Verify that electrical, heating, ventilating, air-conditioning, and other service equipment have not been installed below the elevation required in § 19-15.2 without the approval of the Floodplain Administrator.
The Floodplain Administrator shall inspect manufactured homes
that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
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.
The Floodplain Administrator shall inspect all new or replacement,
permanently installed or constructed, accessory structures in flood
hazard areas to determine compliance with the requirements of these
regulations, the conditions of the issued permit, and ASCE 24. The
Floodplain Administrator shall inspect all renovations, alterations,
and additions in existing accessory structures to determine compliance
with the requirements of these regulations, the conditions of the
issued permit, and ASCE 24.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Borough of Avalon Planning and Zoning Board shall hear and decide requests for variances. The Borough of Avalon Planning and Zoning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 19-7.5, the conditions of issuance set forth in § 19-7.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Borough of Avalon Planning and Zoning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
A variance to the substantial improvement requirements of this
chapter is authorized, provided that the repair or rehabilitation
of a historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and R322 of the International
Residential Code, the repair or rehabilitation will not preclude the
structure's continued designation as a historic structure, the
structure meets the definition of the historic structure as described
by this chapter, and the variance is the minimum necessary to preserve
the historic character and design of the structure.
[Added 7-27-2022 by Ord.
No. 849-2022]
A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally
dependent use, provided the variance is the minimum necessary to allow
the construction or substantial improvement, and that all due consideration
has been given to use of methods and materials that minimize flood
damage during the base flood and create no additional threats to public
safety.
[Added 7-27-2022 by Ord.
No. 849-2022]
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 19-5.3a of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
In reviewing requests for variances, all technical evaluations,
all relevant factors, all other portions of these regulations, and
the following shall be considered:
a.
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage.
b.
The danger to life and property due to flooding or erosion damage.
c.
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
d.
The importance of the services provided by the proposed development
to the community.
e.
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
f.
The compatibility of the proposed development with existing and anticipated
development.
g.
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
h.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
i.
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
j.
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, streets,
and bridges.
[Added 7-27-2022 by Ord.
No. 849-2022]
Variances shall only be issued upon:
a.
Submission by the applicant of a showing of good and sufficient cause
that the unique characteristics of the size, configuration, or topography
of the site limit compliance with any provision of these regulations
or renders the elevation standards of the building code inappropriate.
b.
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land
that render the lot undevelopable.
c.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
d.
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
e.
Notification to the applicant, in writing, over the signature of
the Floodplain Administrator that the issuance of a variance to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below the base flood
level increases risks to life and property.
f.
Upon consideration of the factors of this section and any existing
deed restrictions and agreements between the Borough of Avalon and
the owners, and the purposes of these regulations, the Planning/Zoning
Board of the Borough of Avalon may attach such conditions to the granting
of variances as it deems necessary to further the purposes of these
regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided. Penalties for noncompliance shall be issued in accordance with § 19-1.8.
[Added 7-27-2022 by Ord.
No. 849-2022]
The Floodplain Administrator is authorized to serve notices
of violation or stop-work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work
for development that is not within the scope of the Uniform Construction
Code but is regulated by these regulations and that is determined
to be a violation. The notice of violation shall contain at least
the following information:
a.
The name and address of the owner;
b.
The address at which the violation occurred;
c.
The name and address of the person to whom the order is directed,
and if it be other than the owner, a copy shall be delivered to the
owner or his agent stating that the owner bears joint responsibility
for bringing about compliance with the person named and that if a
penalty is imposed, the enforcing agency will not issue a certificate
of approval until such penalty has been paid;
d.
An order to terminate violations within a time specified in the order;
e.
The amount of penalty assessed, if any, and if cumulative, an explanation
of the method of computation; and
f.
Shall be signed by the Floodplain Administrator.
Any person who shall continue any work after having been served
with a notice of violation or a stop-work order, except such work
as that person is directed to perform to remove or remedy a violation
or unsafe condition, shall be subject to penalties as prescribed by
N.J.S.A. 40:49-5 as appropriate.
A thirty-day period shall be given to the property owner as
an opportunity to cure or abate the condition. The property owner
shall also be afforded an opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $2,000
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
The Borough shall have the power to issue stop-work orders applicable
to any construction site in the Borough. The stop-work order shall
be issued through the Floodplain Administrator or the Code Enforcement
Official.
[Added 7-27-2022 by Ord.
No. 849-2022]
A stop-work order shall be issued by the Floodplain Administrator
or the Code Enforcement Official to a particular development site
under any of the following circumstances:
a.
Construction work has commenced without the issuance of a floodplain development permit as required by § 19-4 of these regulations.
b.
Upon inspection of improvements or repairs it has been determined
that work beyond the scope of the permit is or has been undertaken.
c.
Upon inspection of improvements or repairs it has been determined
that work requiring a Uniform Construction Code permit is being undertaken
and no Uniform Construction Code permit has been issued.
e.
Inspection reveals that work being undertaken results in a violation
of Borough Code.
[Added 7-27-2022 by Ord.
No. 849-2022]
The stop-work order shall state a date and time for the owner
and contractor and project manager to submit a written plan for the
immediate correction of violations of the rules adopted herein. In
order for a stop-work order to be vacated, all of the following conditions
must be met:
a.
The plan of remediation shall be submitted, in writing, to the Borough
Floodplain Administrator. It shall be submitted by the owner/contractor
and/or the project manager at the Avalon Construction Office, 3100
Dune Drive, Avalon, NJ 08202, via email to the Floodplain Administrator,
or by United States Postal Service mail.
b.
If the stop-work order was issued due to lack of required permits
being secured, or work completed beyond the scope of an issued permit,
the remedial plan shall include either updated permit applications
addressing those conditions that were deemed deficient, or a statement
describing the reason(s) that no permit update is required. The Floodplain
Administrator may waive the remediation plan if the only deficiency
is the lack of required permit(s), and the permit(s) is issued.
c.
When the Floodplain Administrator is satisfied that the remedial plan of action will bring the development site into compliance with all Borough requirements, all required documents and fees are received, and permits to proceed are ready to be issued, then the stop-work order shall be vacated immediately. When the remediation plan is under review in accordance with § 19-8.5.3, the stop-work order will be vacated upon the approval of the remediation plan by the hearing committee.
d.
If the Floodplain Administrator or the Hearing Committee is not satisfied
that the plan of remedial action is sufficient, the reasons shall
be stated, in writing, and the stop-work order shall remain in full
force and effect pending the submission of an updated remediation
plan or other documents as may be required.
e.
Before accepting or rejecting any remedial plan, the Floodplain Administrator
may consult with the Borough Solicitor, Borough Environmental Counsel,
Borough Engineer, or any other appropriate person to assist in evaluating
the sufficiency of the remedial plan. Any such consultation must be
completed promptly so as not to cause any undue or unreasonable delay
in resuming the construction activity.
[Added 7-27-2022 by Ord.
No. 849-2022]
a.
Stop-work order appeals shall be heard by a Hearing Committee which
shall consist of the Business Administrator, Borough Zoning Officer,
and the Tax Assessor. The Business Administrator shall act as Chairperson
of the Hearing Committee. Stop-work orders and remediation plans shall
be reviewed by the Hearing Committee, which shall direct the Floodplain
Administrator as appropriate to vacate or uphold the order.
b.
A copy of all stop-work orders issued by the Floodplain Administrator
shall be forwarded to the Borough of Avalon Business Administrator
for review by the Hearing Committee when required. Any appeal of a
stop-work order issued by the Floodplain Administrator shall be filed
within 15 business days of the date of the stop-work order being issued.
Such appeal shall be addressed to the Avalon Business Administrator,
in writing, and state the grounds for the appeal.
c.
Whenever a written remediation plan is required by the Floodplain
Administrator in order to vacate the stop-work order, the plan shall
be filed with the Floodplain Administrator. The Floodplain Administrator
shall review the remediation plan and provide comments for Hearing
Committee final determination. A copy of the remediation plan and
the comments of the Floodplain Administrator shall be forwarded to
the Hearing Committee for review. Upon review, the Hearing Committee
shall direct the Floodplain Administrator to:
[Added 2-8-2023 by Ord. No. 856-2023]
a.
In addition to the penalties to be imposed by the Municipal Court or other court of competent jurisdiction pursuant to § 19-8.1, the Borough may impose administrative penalties for violations of any deed restriction and nonconversion agreement executed in accordance with Ordinance No. 849-2022 and this chapter as follows:
1.
Violations; administrative penalties; enforcement; other permits.
(a)
Should a violation of any deed restriction and nonconversion
agreement be discovered, the owner(s) shall have 30 calendar days,
or such further time as specified by the enforcing agency, from the
date of notice of violation (sometimes "NOV") to correct the violation.
Should the owner(s) fail or neglect to do so, the owner(s) shall be
subject to an administrative penalty as follows:
|
Commencing on the Date of the Notice of Violation (NOV)
|
Penalty to Be Levied
|
|---|---|
|
If violation is abated within 30 days from NOV
|
No monetary penalty
|
|
Commencing on the 31st day from the NOV for 30 additional days
|
Up to $500 per week, i.e., for every period of 7 days or fraction
thereof
|
|
Commencing on the 62nd day from the NOV for an additional 30
days
|
$500 per day
|
|
Commencing on the 92nd day from the NOV and daily thereafter
until the violation is abated
|
$1,000 per day
|
(b)
The administrative penalty shall operate as a lien on the property
and shall be collected in the same manner and fashion as real estate
taxes and other municipal charges.
(c)
During the period that the violation continues, no permits shall
be issued by the Borough to the property owner(s) for any purpose,
except for the correction of the named violation, and the owner(s)
shall not be entitled to file applications with the Avalon Planning
and Zoning Board; receive any certificates of approval or conformity;
any certificate of occupancy or continued certificate of occupancy
nor any approvals that may be required to sell, assign, or transfer
the property.
b.
Nothing contained herein shall be construed as preventing both criminal
penalties and administrative penalties from being imposed simultaneously,
nor shall such criminal and/or administrative penalties be deemed
mutually exclusive so that the imposition of one precludes the imposition
of the other.
[Added 7-27-2022 by Ord.
No. 849-2022]
The following words and terms shall, for the purposes of these
regulations, have the meanings shown herein. Other terms are defined
in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined
where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
[Added 7-27-2022 by Ord.
No. 849-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the
"base flood elevation."
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this chapter, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure and is located in accordance with Avalon Borough Code Chapter 27. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
Areas subject to inundation by 1% annual chance shallow flooding
(usually areas of ponding) where average depths are between one foot
and three feet. Base flood elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by 1% annual thance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one foot and three feet.
A request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter or a request for a
variance. In the Borough of Avalon, appeals are heard by the Planning
and Zoning Board.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot 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.
See "special flood hazard area."
American Society of Civil Engineers.
The standard for Flood Resistant Design and Construction,
referenced by the building code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC [N.J.A.C. 5:23].
The standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the building code and developed and
published by the American Society of Civil Engineers, Reston, VA,
which includes, but is not limited to, methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads, including those from natural hazards. Flood-related
equations include those for determining erosion, scour, lateral, vertical,
hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
Utilities, mechanical, electrical, fuel gas, plumbing, HVAC,
and related equipment, as well as services associated with new construction
and improvements to existing development where attendant utilities
and equipment are not replacing existing. (Source ASCE 24-14 definition)
A flood having a 1% chance of being equaled or exceeded in
any given year.
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, advisory flood hazard area maps, work maps,
or preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The best available
flood hazard data may be depicted on, but not limited to, advisory
flood hazard area maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, advisory flood hazard area maps, work maps,
or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the local design
flood elevation, it will collapse under specific lateral loads such
that 1) it allows the free passage of floodwaters, and 2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application and the construction methods verified, in writing,
by the design professional prior to issuance of a certificate of occupancy
or certificate of approval.
Per the FHACA, "building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
An area of special flood hazard starting from a Velocity
(V) Zone and extending up to the landward limit of the moderate wave
action delineation. Where no V Zone is mapped, the Coastal A Zone
is the portion between the open coast and the landward limit of the
moderate wave action delineation. Coastal A Zones may be subject to
wave effects, velocity flows, erosion, scour, or a combination of
these forces. Construction and development in Coastal A Zones is to
be regulated similarly to V Zones/coastal high hazard areas except
as allowed by ASCE 24.
An area of special flood hazard inclusive of the V Zone 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.
A conditional letter of map revision (CLOMR) is FEMA's
comment on a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Construction permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is
FEMA's comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Construction permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day-care center, assisted-living
facility, or nursing home.
Per ASCE 24, deep foundations refer to those foundations constructed on erodible soils on primary frontal dunes and in flood hazard protection areas, coastal high hazard and Coastal A Zones which are founded on piles, drilled shafts, caissons, or other types of deep foundations and are designed to resist erosion and scour and support lateral and vertical loads as described in ASCE 7. Foundations shall extend to 10 feet below mean water level (MWL) unless the design demonstrates that pile penetration will provide sufficient depth and stability as determined by ASCE 24, ASCE 7, and additional geotechnical investigations if any unexpected conditions are encountered during construction, and they shall extend vertically to the freeboard elevation. Foundations shall extend vertically to the freeboard elevations described in § 19-2.3 of these regulations.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
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.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
The process of gradual wearing away of land masses.
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 before the effective date of
the floodplain management regulations adopted by a community.
Federal Emergency Management Agency.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include,
but are not limited to, technical bulletins, desk references, and
American Society of Civil Engineers Standards documents, including
ASCE 24.
The land in the floodplain within a community subject to
flooding from the 1% annual chance event depicted on the Flood Hazard
Map.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping published by FEMA (including
effective flood mapping dated on or after January 31, 1980, and may
include subsequent advisory, preliminary, or pending map changes published
by FEMA). A water that has a drainage area measuring less than 50
acres does not possess, and is not assigned, a flood hazard area design
flood elevation.
An area requiring higher construction standards because of
the erodibility of the underlying soil characteristics and the vulnerability
of structures in these areas to erosion and scour if dunes and/or
flood protection infrastructure seaward of these areas are breached.
These areas are established pursuant to ASCE 24-14 1.3.2 and the commentary
discussed in these standards in C4.1.1, an analysis of underlying
soil characteristics, and an evaluation of existing natural and man-made
flood protection infrastructure. A predicted sea level rise will adversely
affect construction in areas subject to erosion as storm surges and
wave velocities affect more structures further inland from the current
shoreline. The increased foundation costs for constructing to higher
standards in these areas will be offset by lower flood damages and
mitigation costs over the expected life of the structure. These areas
are legally established through the Flood Damage Prevention Ordinance
adoption process and described in the ordinance.
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 community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection a1 of this definition.
See AE, AH, AO, Coastal A, and VE Zones as applicable.
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.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
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.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade
that meets or exceeds the local design flood elevation. A completed
floodproofing certificate is required at permit application.
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
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed. In the Borough of Avalon,
a three-foot freeboard standard shall be in effect unless a specified
freeboard described in N.J.A.C. 5:23, results in a more stringent
freeboard standard.
The freeboard measurement for AE Zones shall be measured
from base flood elevation vertically upward to the top of the masonry
foundation, or top of pile when no concrete foundation elements are
present, a distance of three feet. The freeboard measurement for VE
Zones shall be measured from base flood elevation vertically upward
to the bottom of the lowest horizontal structural member a distance
of three feet. (See Figure 1 which may be found in the Borough Construction
Office.) The freeboard measurement for areas in the flood hazard protection
area shall be measured vertically a distance or three feet to the
top of the deep foundation from the depth shown on the FIRM or from
grade in AO Zones, whichever results in the higher elevation, and
from grade in all other zones.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
A building that is intended for regular human occupation
and/or residence. Examples of a habitable building include a single-family
home, duplex, multiresidence building, or critical building; a commercial
building such as a retail store, restaurant, office building, or gymnasium;
an accessory structure that is regularly occupied, such as a garage,
barn, or workshop; mobile and manufactured homes, and trailers intended
for human residence, which are set on a foundation and/or connected
to utilities, such as in a mobile home park (not including campers
and recreational vehicles); and any other building that is regularly
occupied, such as a house of worship, community center, or meeting
hall, or animal shelter that includes regular human access and occupation.
Examples of a non-habitable building include a bus stop shelter, utility
building, storage shed, self-storage unit, construction trailer, or
an individual shelter for animals such as a doghouse or outdoor kennel.
As related to § 19-7 of this chapter, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Borough of Avalon Planning and Zoning Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The coverage by a standard flood insurance policy under the
NFIP that provides for the payment of a claim for the cost to comply
with the State of New Jersey and the Borough of Avalon floodplain
management regulations after a direct physical loss by flood, or the
Borough of Avalon declares the structure to be substantially or repetitively
flood damaged, ICC coverage is provided for in every standard NFIP
flood policy, and will help pay for the cost to floodproof, relocate,
elevate, or demolish the structure.
A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the special
flood hazard area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of special flood hazard on an Flood Insurance
Rate Map (FIRM). Conditional letters of map revision, conditional
letters of map revision - fill, letters of map revision, letters of
map revision-fill, and letters of map amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification
to an effective Flood Insurance Rate Map (FIRM). Letters of map revision
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master
flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's
modification of the special flood hazard area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway may be initiated through the letter
of map change (LOMC) process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM) map, it is a public
record that the community must maintain. Any LOMR-F should be noted
on the community's master flood map and filed by panel number
in an accessible location.
Licensed design professional shall refer to either a New
Jersey licensed professional engineer, licensed by the New Jersey
State Board of Professional Engineers and Land Surveyors or a New
Jersey licensed architect, licensed by the New Jersey State Board
of Architects.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than those in the
VE Zone.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on but not
limited to advisory flood hazard area maps, work maps, or preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act[1] and Uniform Construction Codes and any additional freeboard
specified in a community's ordinance. In no circumstances shall
a project's LDFE be lower than a permit-specified flood hazard
area design flood elevation or a valid NJDEP flood hazard area verification
letter plus the freeboard as required in ASCE 24 and the effective
FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. 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 as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations and Borough of Avalon ordinances.
In an elevated building in a Coastal A or coastal high hazard
zone, the lowest beam, joist, or other horizontal member that supports
the building is the lowest horizontal structural member. Grade beams
installed to support vertical foundation members where they enter
the ground are not considered lowest horizontal members.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods 1) actual cash value (replacement cost depreciated for age
and quality of construction), 2) tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser,
or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement. New construction includes additions as that term is defined
in N.J.A.C. 5:23-6.3.
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include, but are not limited
to, replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air-conditioning equipment,
exhaust fans, built in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of substantial improvement.
An area that is part of, or an extension to, the principal or main structure and joined to the main structure by a wall or otherwise and which is not a detached accessory structure as defined in Chapter 27 (Zoning) of the Avalon Borough Code. Such an area is designed for activities to be conducted, engaged in, or carried out in the open air by residents of the main structure and invited guests and which may include, but not be limited to, outdoor kitchens, sinks, cabinetry, countertops and bars, fire features, outdoor televisions, and outdoor appliances, but shall not include amplified sound devices of any type and shall not include toilets and lavatories.
[Added 2-8-2023 by Ord. No. 856-2023]
This term refers to a continuous or nearly continuous mounds
or ridges 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
and may include mapped AO Zones and both shaded and unshaded X Zones.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, 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. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect-type
utilities and security devices and has no permanently attached additions.
Pursuant to ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures, including, but not limited to, one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boardinghouses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including,
but not limited to, board and care facilities, assisted-living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following: 1) land in the floodplain within
a community subject to a 1% or greater chance of flooding in any given
year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99,
or AH; 2) land and the space above that land, which lies below the
peak water surface elevation of the flood hazard area design flood
for a particular water, as determined by the latest available flood
mapping published by FEMA or when no federal data is available, by
using the methods set forth in the New Jersey Flood Hazard Area Control
Act in N.J.A.C 7:13; 3) riparian buffers as determined in the New
Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred
to as the "area of special flood hazard."
Start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[2] this is the date the construction permit was issued, provided
that the actual start of construction, repair, 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 building on site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, 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.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevations (BFEs) increase
or zones change, the start of construction includes substantial improvement,
and means the date the construction 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 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, 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. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and base flood elevations (BFEs)
increase or zones change.
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.
For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
Any building or other structure, including gas or liquid
storage tanks.
Damage of any origin sustained by a structure whereby the
cumulative cost of restoring the structure to its before damaged condition
over a five-year period would equal or exceed 49% of the market value
of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place over a ten-year period, the cumulative
cost of which equals or exceeds 49% 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
which have been identified by the local code enforcement official
and which 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.
The period of time in calendar days prescribed by N.J.S.A.
40:49-5 in which a property owner is afforded the opportunity to correct
zoning and solid waste disposal after a notice of violation pertaining
to these regulations has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A certificate that contains a certification signed by a licensed
design professional certifying that the designs, plans, and specifications
and the methods of construction in V Zones and Coastal A Zones are
in accordance with accepted standards of practice. This certificate
also includes an optional breakaway wall design certification for
enclosures in these zones below the best available flood hazard data
elevation. A completed certification is required at permit application.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation in any given year shown
on the Flood Insurance Rate Map (FIRM) Zones V1-V30 and VE and is
referred to as the "coastal high hazard area."
A grant of relief from the requirements of these regulations
which permits construction in a manner otherwise prohibited by these
regulations where specific enforcement would result in unnecessary
hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the building code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the flood plains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[Added 7-27-2022 by Ord.
No. 849-2022]
Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
a.
All such proposals are consistent with the need to minimize flooddamage.
b.
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
c.
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH, AO, and X, adequate drainage paths shall be provided
to guide floodwater around and away from structures.
[Added 7-27-2022 by Ord.
No. 849-2022]
Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the
following shall be required:
a.
The flood hazard area, including floodways, coastal high hazard areas,
and Coastal A Zones, and base flood elevations, as appropriate, shall
be delineated on tentative subdivision plats.
b.
Residential building lots shall be provided with adequate buildable
area outside the floodway.
c.
The design criteria for utilities and facilities set forth in these
regulations and appropriate codes shall bemet.
[Added 7-27-2022 by Ord.
No. 849-2022]
Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 19-5.3a of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 19-5.3a is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 19-15.2 of this chapter and the floodway requirements of N.J.A.C. 7:13.
[Added 7-27-2022 by Ord.
No. 849-2022]
The following are prohibited activities:
[Added 7-27-2022 by Ord.
No. 849-2022]
In coastal high hazard areas and Coastal A Zones:
a.
New buildings shall only be authorized landward of the reach of mean
high tide.
b.
The placement of manufactured homes shall be prohibited except in
an existing manufactured home park or subdivision.
c.
Basements or enclosures that are below grade on all sides are prohibited.
d.
The use of fill for structural support of buildings is prohibited.
[Added 7-27-2022 by Ord.
No. 849-2022]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
[Added 7-27-2022 by Ord.
No. 849-2022]
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 of ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
[Added 7-27-2022 by Ord.
No. 849-2022]
Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
[Added 7-27-2022 by Ord.
No. 849-2022]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[Added 7-27-2022 by Ord.
No. 849-2022]
Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13. All fill that is not required to meet the provisions of these regulations, Avalon Borough Code Chapters 20 and 27, or other adopted regulations or ordinances is prohibited within the regulatory floodplain, including construction of buildings on fill.
[Added 7-27-2022 by Ord.
No. 849-2022]
In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by § 19-5.3d of these regulations demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with § 19-15.9c of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).
[Added 7-27-2022 by Ord.
No. 849-2022]
The placement or storage of any containers holding hazardous
substances in a flood hazard area is prohibited unless the provisions
of N.J.A.C. 7:13 which cover the placement of hazardous substances
and solid waste is met.
[Added 7-27-2022 by Ord.
No. 849-2022]
All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
[Added 7-27-2022 by Ord.
No. 849-2022]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 19-15.2.
[Added 7-27-2022 by Ord.
No. 849-2022]
All new, relocated, and replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall be placed
on permanent, reinforced deep foundations that are designed in accordance
with Section R322 of the Residential Code.
[Added 7-27-2022 by Ord.
No. 849-2022]
All new, relocated, and replacement manufactured homes to be
placed or substantially improved in a flood hazard area shall be installed
using methods and practices which minimize flood damage and shall
be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
[Added 7-27-2022 by Ord.
No. 849-2022]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 19-15.2.
[Added 7-27-2022 by Ord.
No. 849-2022]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 19-15.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 19-15.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 7-27-2022 by Ord.
No. 849-2022]
The placement of recreational vehicles shall not be authorized
in coastal high hazard areas and in floodways.
[Added 7-27-2022 by Ord.
No. 849-2022]
Recreational vehicles in flood hazard areas shall be fully licensed
and ready for highway use and shall be placed on a site for less than
180 consecutive days.
[Added 7-27-2022 by Ord.
No. 849-2022]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 19-15.2 for habitable buildings.
[Added 7-27-2022 by Ord.
No. 849-2022]
Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
A floodplain development permit shall be issued prior to placement
of underground and aboveground tanks. The floodplain development permit
application shall be accompanied by a site plan that shows the location
and provides details for the method of anchoring in accordance with
ASCE 24 and N.J.A.C. 7:13.
[Added 7-27-2022 by Ord.
No. 849-2022]
A floodplain development permit shall be issued prior to any development or building work in accordance with § 19-4 of these regulations. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
a.
Be located and constructed to minimize flood damage;
c.
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 19-2.3;
e.
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 19-2.3 or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
f.
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
g.
Not exceed the impacts to frequency or depth of offsite flooding
as required by N.J.A.C. 7:13 in floodways.
[Added 7-27-2022 by Ord.
No. 849-2022]
a.
Construction and elevation in A, FHPA-AE, FHPA-AOAH, FHPA-X Zones,
not including Coastal A Zones.
1.
No portion of a building is located within a V Zone.
2.
No portion of a building is located within a Coastal A Zone, unless
a licensed design professional certifies that the building's
foundation is designed in accordance with ASCE 24, Chapter 4.
3.
All new construction and substantial improvement of any habitable building (as defined in § 19-9) located in flood hazard areas shall have top of concrete foundation, top of pile, and/or top of first floor structural support column, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 19-2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
4.
All new construction and substantial improvements of nonresidential
structures shall:
(a)
Be constructed on deep foundations in flood hazard protection
areas FHPA-AE, FHPA-AOAH, and FHPA-X with freeboard added at the top
of the masonry, support column or pier, or pile foundation.
(b)
Have the top of concrete foundation, top of pile, and/or top of first floor structural support column, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 19-2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
(c)
Together with the attendant utility and sanitary facilities,
be designed so that below the local design flood elevation, the structure:
(2)
Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design professional,
is certified by that individual in a floodproofing certificate, and
is confirmed by an elevation certificate.
5.
All new construction and substantial improvements with fully enclosed
areas below the lowest floor shall be used solely for parking of vehicles,
building access, or storage in an area other than a basement and which
are subject to flooding. Enclosures shall:
(a)
For habitable structures, be situated at or above the adjoining
exterior grade along at least one entire exterior wall, in order to
provide positive drainage of the enclosed area in accordance with
N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which
are below grade on all sides are prohibited;
(b)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 19-15.2a4(b) are met;
(d)
Have openings documented on an elevation certificate; and
(e)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(1)
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
(2)
The depth of flooding that the enclosure would experience to
the flood hazard area design flood elevation.
(3)
Deed restriction prohibits habitation of the enclosure and explains
that converting the enclosure into a habitable area may subject the
property owner to enforcement.
b.
Construction and elevation in FHPA-VE, FHPA-CA, V and Coastal A Zones.
1.
All new construction and substantial improvements shall be constructed
according to structural designs, plans and specifications conforming
with ASCE 24, Chapter 4, which are signed by a licensed design professional
and certified by that individual in a V Zone certificate. All construction
shall be constructed on deep foundations in flood hazard protection
areas FHPA-VE and FHPA-CA with three feet freeboard added measured
vertically from the base flood elevation to the bottom of the lowest
structural member.
2.
All new construction and substantial improvement of any habitable building (as defined in § 19-9) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the local design flood elevation as determined in § 19-2.3, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
3.
All new construction and substantial improvements of nonresidential
structures shall:
(a)
Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 19-2.3, be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or
(b)
Together with the attendant utility and sanitary facilities,
be designed so that below the local design flood elevation, the structure:
(2)
Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design professional,
is certified by that individual in a floodproofing certificate, and
is confirmed by an elevation certificate.
4.
All new construction and substantial improvements 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 system.
All breakaway walls shall be constructed according to structural designs,
plans and specifications conforming with ASCE 24, Chapter 4, signed
by a licensed design professional, and certified by that individual
in a breakaway wall certificate.
5.
All new construction and substantial improvements with fully enclosed
areas below the lowest floor shall be used solely for parking of vehicles,
building access, or storage in an area other than a basement and which
are subject to flooding. Enclosures shall:
(a)
Be situated at or above the adjoining exterior grade along at
least one entire exterior wall, in order to provide positive drainage
of the enclosed area in accordance with N.J.A.C. 7:13; enclosures
(including crawlspaces and basements) which are below grade on all
sides are prohibited.
(b)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 19-15.2b3(b) are met.
(c)
Be constructed to meet the requirements of ASCE 24, Chapter
4.
(d)
Have openings documented on an elevation certificate and have breakaway wall construction documented on a breakaway wall certificate unless the requirements of § 19-15.2b3(b) are met for a nonresidential structure.
(e)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(1)
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
(2)
The depth of flooding that the enclosure would experience to
the flood hazard area design flood elevation;
(3)
The deed restriction prohibits habitation of the enclosure and
explains that converting the enclosure into a habitable area may subject
the property owner to enforcement.
6.
For new construction or substantial improvements, finished enclosures
shall be permitted in areas designated for building access to the
habitable area above the DFE and shall be 400 square feet or less
in size with a maximum length along any wall of 20 linear feet. Finish
materials in the enclosures shall be Class 4 or Class 5 materials
in accordance with FEMA TB-2.
[Added 7-27-2022 by Ord.
No. 849-2022]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code and these
regulations. Accessory structures that are unoccupied and pose minimal
risk to the public or minimal disruption to the community should they
be damaged or fail due to flooding shall be classified as flood design
Class 1, and such accessory structures may be built or constructed
below DFE (design flood elevation). Accessory structures shall be
constructed in compliance with ASCE 24 which requires that any such
structure, including anchorage and connections, shall be designed
to resist effects of vertical loads, including uplift and lateral
loads in accordance with the load combinations specified in ASCE 24.
a.
For accessory structures, the freeboard measurement for AE, AH, AO,
V Zones and Coastal A Zones shall be measured from the base flood
elevation vertically upward to the top of the masonry foundation,
support column or pier, or pile a distance of one foot or to the elevation
required in N.J.A.C. 5:23, whichever is more stringent. Accessory
structures may be installed or constructed below the freeboard elevation
when those areas are wet floodproofed in accordance with ASCE 24.
Attendant utilities and equipment for accessory structures meeting
the definition of flood design Class I shall be constructed or installed
at or above base flood elevation plus one foot (freeboard elevation)
unless waterproofed and constructed or installed strictly in accordance
with ASCE 24.
[Added 7-27-2022 by Ord.
No. 849-2022]
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire-mesh fences, shall meet the requirements of § 19-5.3a of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 19-7 of this chapter.
[Added 7-27-2022 by Ord.
No. 849-2022]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 19-5.3a of these regulations and N.J.A.C. 7:13.
[Added 7-27-2022 by Ord.
No. 849-2022]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 19-5.3a of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
[Added 7-27-2022 by Ord.
No. 849-2022]
a.
For any railroad, roadway, or parking area proposed in a flood hazard
area, the travel surface shall be constructed at least one foot above
the Flood Hazard Area Design Elevation in accordance with N.J.A.C.
7:13.
b.
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 19-5.3a of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
In coastal high hazard areas (V Zones) and Coastal A Zones,
development activities other than buildings and structures shall be
permitted only when also authorized by the appropriate federal, state
or local authority; when located outside the footprint of, and not
structurally attached to, buildings and structures; and when analyses
prepared by a licensed professional engineer demonstrates no harmful
diversion of floodwater or wave run-up and wave reflection that would
increase damage to adjacent buildings and structures. Such other development
activities include, but are not limited to:
a.
Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
b.
Solid fences and privacy walls, and fences prone to trapping debris,
unless designed and constructed to fail under flood conditions less
than the base flood or otherwise function to avoid obstruction of
floodwater; and
c.
On-site filled or mound sewage systems.
[Added 7-27-2022 by Ord.
No. 849-2022]
In coastal high hazard areas and Coastal A Zones:
a.
Minor grading and the placement of minor quantities of nonstructural
fill shall be permitted for landscaping and for drainage purposes
under and around buildings.
b.
Nonstructural fill with finished slopes that are steeper than one
unit vertical to five units horizontal shall be permitted only when
an analysis prepared by a licensed professional engineer demonstrates
no harmful diversion of floodwater or wave run-up and wave reflection
that would increase damage to adjacent buildings and structures.
c.
Sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis
or certification of the diversion of floodwater or wave run-up and
wave reflection where the scale and location of the dune work is consistent
with local beach-dune morphology and the vertical clearance is maintained
between the top of the sand dune and the lowest horizontal structural
member of the building.
[Added 2-8-2023 by Ord. No. 856-2023]
The provisions of any deed restriction or nonconversion agreement,
or both, which are executed pursuant to Ordinance No. 849-2022 and
this chapter shall be approved by Borough Council pursuant to resolution.
Once approved, it shall be deemed part of this subsection and shall
have the same force and effect thereof.
[Added 7-27-2022 by Ord.
No. 849-2022]
Temporary structures shall be erected for a period of less than
180 days. Temporary structures shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrostatic loads, including
the effects of buoyancy, during conditions of the base flood. Fully
enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit
of floodwaters.
[Added 7-27-2022 by Ord.
No. 849-2022]
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials. Temporary storage in the flood hazard area shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads below the base flood elevation. Temporary storage shall be maintained in such a manner as to minimize any negative impact, property damage, inconvenience, or nuisance upon neighboring properties. Hazardous materials are not permitted to be stored below the local design flood elevation unless installed and maintained in accordance with § 19-14.
[Added 7-27-2022 by Ord.
No. 849-2022]
Temporary structures and temporary storage in floodways shall also meet the requirements of § 19-5.3a of these regulations.
[Added 7-27-2022 by Ord.
No. 849-2022]
In accordance with Section 312 of the International Building
Code, Utility and Miscellaneous Group U includes buildings and structures
that are accessory in character and miscellaneous structures not classified
in any specific occupancy in the Building Code, including, but not
limited to, agricultural buildings, aircraft hangars (accessory to
a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 square feet), fences
more than six feet (1,829 mm) high, grain silos (accessory to a residential
occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
[Added 7-27-2022 by Ord.
No. 849-2022]
Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings, and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 19-2.3.
[Added 7-27-2022 by Ord.
No. 849-2022]
Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 19-2.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Added 7-27-2022 by Ord.
No. 849-2022]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 19-15.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
[Added 7-27-2022 by Ord.
No. 849-2022]
Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 19-2.3.
[Added 7-27-2022 by Ord.
No. 849-2022]
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in § 19-2.3.
Exception: Electrical systems, equipment and components, and
heating, ventilating, air conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation provided they conform to the provisions of NFPA 70
(National Electric Code).
[Added 7-27-2022 by Ord.
No. 849-2022]
Floodplain Administration fees shall be the sum of applicable
fees in this section. All fees shall be paid prior to issuance of
the floodplain development permit. Fees shall be collected in the
Borough of Avalon Construction Division. Any outstanding fees owed
the Borough shall be paid in full prior to the issuance of the floodplain
development certificate of approval.
a.
Floodplain application review (permit not required): $—.
b.
Floodplain permit: $50.
d.
Inspection of foundation elevation and home lifts: $25.
e.
Inspection of accessory structure foundation: $25.
f.
Final inspection, new construction and home lifts: $50.
g.
Final inspection, accessory structure (new or replacement): $25.
h.
Final inspection, accessory structure rehabilitation: $25.
i.
Final inspection, existing construction rehabilitation: $30.
j.
Final Inspection, tanks or other miscellaneous construction: $25.
k.
Inspection during CSDCMAPFEC compliance inspection: $—.
l.
Annual nonconversion agreement inspection: $—.
