A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 181-7. Application for a development permit shall be made on forms furnished by the Construction Official 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. Specifically, the following information is required:
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 § 181-17B; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
E.
In addition to the aforementioned information, the following is required:
[Added 11-4-2020 by Ord.
No. 14-2020]
(1)
Upon development completion and following the final inspection, a
nonconversion agreement signed by the developer and/or property owner
shall be submitted to the Brigantine City Construction 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 Brigantine City Construction Office
and include the following conditions:
(a)
The owner and or/developer will not convert or alter the area
below the lowest floor elevated above the design flood elevation 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 design flood
elevation shall never be used for human habitation or any use excepting
vehicle parking, limited storage, or building access without first
becoming compliant with this section.
(c)
The owner and/or developer shall grant staff of the Brigantine
City Construction 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 design flood elevation
minus 1.0 foot.
(e)
Any openings in the walls of the enclosed shall not be blocked,
obstructed, or otherwise altered to reduce the size of the openings
or restrict the automatic entry and exit of floodwater.
(f)
All interior walls, ceilings, and floors beneath the lowest
horizontal structural member of the lowest floor shall remain unfinished
or constructed of flood-resistant materials.
(g)
The agreement shall run with the land and be enforceable while
the approved structure is extant, regardless of ownership. Information
regarding the nonconversion agreement shall be disclosed to successive
property owners.
(h)
Any breach of this agreement shall constitute a violation of
Chapter 126 of the Brigantine City Code of Ordinances.
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the Construction Official shall include, but not be
limited to:
A.
Permit review.
(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)
Review all development permits in the coastal high hazard and Coastal
A Zone area to determine if the proposed development alters sand dunes
or other natural coastal protections so as to increase potential flood
damage.
(4)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 181-18B(4).
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 181-7, Basis for establishing areas of special flood hazard, the Construction Official 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 § 181-17A, Specific standards, Residential construction, and § 181-17B, Specific standards, Nonresidential construction.
C.
Information to be obtained and maintained.
(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.
(3)
In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 181-18B(1) and B(2)(a) and (b) are met.
(4)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
D.
Alteration of watercourses.
(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.
Substantial damage review.
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
(2)
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.
F.
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of 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 § 181-15.
A.
Appeal board.
(1)
The City Council of the City of Brigantine shall hear and decide
appeals and requests for variances from the requirements of this chapter.
(2)
The City Council of the City of Brigantine shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the Construction Official in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the City Council of the City of
Brigantine, or any taxpayer, may appeal such decision to the appropriate
court of competent jurisdiction.
(4)
In passing upon such applications, the City Council of the City of
Brigantine 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 § 181-15A(4) and the purposes of this chapter, the City Council of the City of Brigantine may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Construction Official 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, providing items in § 181-15A(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 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 a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(3)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(4)
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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 181-15A(4), or conflict with existing local laws or ordinances.
(5)
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.
