[Added 12-7-2023 by Ord. No. 08-2023]
a. Floodplain Administrator Designation. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
b. General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. 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 §
90-7 of these regulations.
c. Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
d. Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
1. Review all permit applications to determine whether proposed development is located in flood hazard areas established in §
90-2b of these regulations.
2. 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.
3. Interpret flood hazard area boundaries and provide available flood
elevation and flood hazard information.
4. Determine whether additional flood hazard data shall be obtained
or developed.
5. Review required certifications and documentation specified by these
regulations and the building code to determine that such certifications
and documentations are complete.
6. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to §
90-3n of these regulations.
7. 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.
8. 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 §
90-7 of these regulations.
9. 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 6 months of such data becoming available.
10. 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).
11. Inspect development in accordance with §
90-6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12. Prepare comments and recommendations for consideration when applicants seek variances in accordance with §
90-7 of these regulations.
13. Cite violations in accordance with §
90-8 of these regulations.
14. Notify the Federal Emergency Management Agency when the corporate
boundaries of Cape May Point have been modified.
15. Permit ordinary maintenance and minor work in the regulated areas discussed in §
90-5.
e. Use of Changed Technical Data. 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. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
f. Other Permits. 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.
g. Determination of local design flood elevations.
1. If design flood elevations are not specified, the Floodplain Administrator
is authorized to require the applicant to:
(a) Obtain, review, and reasonably utilize data available from a federal,
state, or other source; or
(b) 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.
2. It shall be the responsibility of the Floodplain Administrator to 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 §
90-2b and
c respectively. This information shall be provided to the Construction Official and documented according to §
90-3o.
h. Requirement to Submit New Technical Data. 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 44 CFR 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.
i. Activities in Riverine Flood Hazard Areas. 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 feet at
any point within the community.
j. Floodway (Riverine) Encroachment. 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.
1. Floodway (Riverine) Revisions. 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.
k. Watercourse Alteration. 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.
1. Engineering Analysis. 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.
l. Alterations in Coastal Areas. 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, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention 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.
m. Development in Riparian Zones. 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 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.
n. Substantial Improvement and Substantial Damage Determinations. 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 building 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:
1. 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.
2. Determine and include the costs of all ordinary maintenance and minor work, as discussed in §
90-1e, 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.
3. 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.
4. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage. This determination requires
the evaluation of previous permits issued for improvements and repairs
over a period of ten (10) years prior to the permit application or
substantial damage determination as specified in the definition of
substantial improvement. This determination shall also include the
evaluation of flood-related damages over a 10-year period to determine
if the costs of repairs at the times of each flood constitutes a repetitive
loss as defined by this chapter.
5. 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 notify the applicant in writing
when it is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood-resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
o. Department Records. In addition to the requirements of the building
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 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.
p. Liability. 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.