[Amended 3-22-2018 by Ord. No. 2018-08]
A.
All elevations must be measured in feet relative to the North American
Vertical Datum of 1988 (NAVD 1988). All elevations in National Geodetic
Vertical Datum (NGVD 1929) must be converted to NAVD 1988 elevations.
B.
The use of the National Geodetic Vertical Datum of 1929 shall not
be applicable.
C.
A development permit at a cost in an amount set forth in Chapter 114, Fee Schedule, shall be obtained before construction or development begins and all improvements, including those in FEMA 480 8-8 and placement of manufactured homes, within any area of special or moderate flood hazard established in § 126-7. Application for a development permit shall be made on forms furnished by the Certified Floodplain Manager and may include, but not be limited to: plans, in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
[Amended 3-26-2020 by Ord. No. 2020-05; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
D.
Specifically, the following information is required:
(1)
Application stage:
(a)
Elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures.
(b)
Elevation, in relation to mean sea level, to which any structure
has been floodproofed.
(c)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 126-17B.
(d)
Existing and proposed infrastructure.
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(f)
Building plans for any walls to be used to enclose space below
the base flood elevation.
(2)
Construction stage: Upon the placement of the top of block, the lowest
floor or floodproofing by whatever construction means, it shall be
the duty of the permit holder to submit to the Certified Floodplain
Manager certification of the elevation of the lowest floor or floodproofed
elevation, as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered
land surveyor or professional engineer who is authorized to certify
such information in the State of New Jersey and certified by same.
Any work undertaken prior to submission of the certification shall
be at the permit holder's risk.
(3)
The Certified Floodplain Manager shall review the lowest floor elevation
and floodproofing certificate. Should these documents be found not
in conformance with the requirements of this chapter, the permit holder
shall immediately cease further work and shall correct any deficiencies.
Failure of the permit holder to submit the surveyed lowest floor elevation
and floodproofing certificate, and failure to correct said deficiencies
required hereby, shall be cause to issue a stop-work order for the
project.
(4)
Upon
development completion and following the final inspection, a nonconversion
agreement signed by the developer and/or property owner shall be submitted
to the Ventnor City Code Enforcement Office and be recorded with the
deed for the property with the Atlantic County Clerk's Office. This
nonconversion agreement is a prerequisite to the issuance of a certificate
of occupancy. The nonconversion agreement shall be enforced through
the Ventnor City Code Enforcement Office and include the following
conditions:
[Added 5-28-2020 by Ord. No. 2020-10]
(a)
The owner and or/developer will not convert or alter the area below
the lowest floor elevated above the base flood elevation plus three
feet above what has been initially constructed and approved in such
a way that would make the enclosure and structure more susceptible
to flood damage.
(b)
The area below the lowest floor elevated above the base flood elevation
plus three feet shall never be used for human habitation or any use,
excepting vehicle parking, limited storage, or building access without
first becoming compliant with this chapter.
(c)
The owner and/or developer shall grant staff of the Ventnor City
Code Enforcement Office entry and permission to inspect the enclosed
area at any time to ensure compliance with the nonconversion agreement.
(d)
Mechanical, electrical, and/or plumbing devices that service the
building shall not be installed below the base flood elevation, plus
three feet.
(e)
Any openings in the walls of the enclosed shall not be blocked, obstructed,
or otherwise altered to reduce the size of the openings or restrict
the automatic entry and exit of floodwater.
(f)
All interior walls, ceilings, and floors beneath the lowest horizontal
structural member of the lowest floor shall remain unfinished or constructed
of flood-resistant materials.
(g)
The agreement shall run with the land and be enforceable while the
approved structure is extant, regardless of ownership. Information
regarding the nonconversion agreement shall be disclosed to successive
property owners.
The governing body of the City of Ventnor City hereby appoints
the Certified Floodplain Manager to administer and implement the provisions
of this chapter by granting or denying development permit applications
in accordance with its provisions.
Duties of the Certified Floodplain Manager shall include, but
not be limited to:
A.
Permit review. The local administrator shall:
(1)
Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
(2)
Review all development permits to determine that all necessary permits
have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(3)
(Reserved)
(4)
Review all development permits in the coastal high-hazard area of
special flood hazard to determine if the proposed development alters
sand dunes or other natural coastal protections so as to increase
potential flood damage.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 126-7, Basis for establishing areas of special flood hazard, the Certified Floodplain Manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 126-17A, Specific standards, Residential construction, and § 126-17B, Specific standards, Nonresidential construction. For all areas of moderate flood hazard that do not have base flood elevations, the base flood elevation for regulatory purposes shall be the base flood elevation of the adjacent area of special flood hazard. Should the area of moderate flood hazard adjoin areas of special flood hazard with differing base flood elevations, the higher base flood elevation shall be assumed.
[Amended 3-26-2020 by Ord. No. 2020-05]
C.
Information to be obtained and maintained. The local administrator
shall:
(1)
Obtain and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(4)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Bureau of Flood Control, and the Land Use Regulation Program
prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
E.
Interpretation of FIRM boundaries. The local administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of moderate and special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 126-15.
[Amended 3-26-2020 by Ord. No. 2020-05]
F.
Critical facilities. Construction of new critical facilities shall
be protected to at least one foot above the 500-year (0.2% annual
chance) flood level stillwater elevation described in the effective
map's corresponding Flood Insurance Study. Floodproofing and sealing
measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated
to or above the level of the base flood elevation shall be provided
to all critical facilities to the maximum extent possible.
G.
Substantial damage review. After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes. Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control. Ensure substantial improvements meet the requirements of § 126-17A, Specific standards, Residential construction, § 126-17B, Specific standards, Nonresidential construction, and § 126-17C, Specific standards, Manufactured homes.
A.
Appeal board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The Planning Board as established by Ventnor City shall hear and decide appeals and requests for variances from the requirements of this chapter. The Certified Floodplain Manager shall review each appeal and assign it to the appropriate board based upon the powers and duties of the Planning Board pursuant to § 102-156 of the Ventnor City Code.
(2)
The Planning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Certified Floodplain Manager in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the appropriate court.
(4)
In passing upon such applications, the Planning Board shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical, and water systems,
and streets and bridges.
(5)
Upon consideration of the factors of § 126-15 and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Certified Floodplain Manager shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 126-15A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as defined in § 126-15A(4), or conflict with existing local laws or ordinance.
(3)
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(4)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(5)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(6)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
C.
Variance notification. Any applicant to whom a variance is granted
shall be notified, in writing, by the Certified Floodplain Manager
that:
