[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Editor's Note: Former Ch. 19, Flood Damage Prevention, was repealed 7-27-2022 by Ord.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.
o. 
Cite violations in accordance with § 19-8 of these regulations.
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.
s. 
Collect fees in accordance with § 19-18 of these regulations, prepare and submit income reports to Borough Council in the monthly report submittal by the Construction Division.
[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.
i. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in §§ 19-5 and 19-15 of these regulations.
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.
1. 
Exception. Flood design Class 1 structures such as accessory structures shall be designed, installed, and constructed in accordance with Chapter 9 of ASCE24 and these regulations.
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:
a. 
A completed FEMA elevation certificate and/or floodproofing certificate, as applicable;
b. 
V Zone and breakaway wall certificates if applicable to the project;
c. 
Photographs of all sides of the structure;
d. 
Close-up photographs of typical flood openings; and
e. 
Photographs of all mechanical and utility equipment located outside the building showing:
1. 
Equipment and attendant utilities and their relationship to the building and the ground; and
2. 
Required anchoring.
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.
c. 
Renovations and alterations. Notify the Floodplain Administrator when suspected recent renovations and alterations in dwellings with the lowest floor below the elevation required in § 19-15.2 may meet the definition of a substantial improvement.
d. 
Verification of nonconversion. Inspection shall be conducted to verify that the enclosed space below the LDFE at the time of construction has been maintained in accordance with § 19-6.3.
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.
d. 
Site improvement in violation of § 19-11 of these regulations has been undertaken.
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:
1. 
Accept the remediation plan and immediately vacate the stop-work order; or
2. 
Reject the remediation plan, leave the stop-work order in full force and effect, and direct the Floodplain Administrator to issue directions as appropriate for the plan to come into compliance with these regulations.
[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:
100-YEAR FLOOD ELEVATION
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."
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
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 STRUCTURE
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.
AH ZONES
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.
ALTERATION OF A WATERCOURSE
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.
AO ZONES
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.
APPEAL
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.
AREA OF SHALLOW FLOODING
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.
AREA OF SPECIAL FLOOD HAZARD
See "special flood hazard area."
ASCE
American Society of Civil Engineers.
ASCE 24
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].
ASCE 7
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.
ATTENDANT UTILITIES AND EQUIPMENT
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)
BASE FLOOD
A flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
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."
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
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.
BEST AVAILABLE FLOOD HAZARD DATA AREA
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.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
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.
BREAKAWAY WALLS
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.
BUILDING
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.
COASTAL A ZONE
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.
COASTAL HIGH HAZARD AREA
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.
CONDITIONAL LETTER OF MAP REVISION
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.
CONDITIONAL LETTER OF MAP REVISION - FILL
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.
CRITICAL BUILDING
Per the FHACA, "critical building" means that:
a. 
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
b. 
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.
DEEP FOUNDATIONS
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.
DEVELOPMENT
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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
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.
DRY FLOODPROOFING
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.
ELEVATED BUILDING
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.
ELEVATION CERTIFICATE
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).
ENCROACHMENT
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.
EROSION
The process of gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
FEMA
Federal Emergency Management Agency.
FEMA PUBLICATIONS
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.
FLOOD HAZARD AREA (FHA)
The land in the floodplain within a community subject to flooding from the 1% annual chance event depicted on the Flood Hazard Map.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
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.
FLOOD HAZARD PROTECTION AREA (FHPA)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
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.
FLOOD or FLOODING
a. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
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.
b. 
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.
FLOOD ZONES
See AE, AH, AO, Coastal A, and VE Zones as applicable.
FLOODPLAIN MANAGEMENT REGULATIONS
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.
FLOODPLAIN or FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "flood or flooding."
FLOODPROOFING
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.
FLOODPROOFING CERTIFICATE
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.
FLOODWAY
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.
FREEBOARD
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.
FREEBOARD ELEVATIONS
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.
FUNCTIONALLY DEPENDENT USE
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.
HABITABLE BUILDING
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.
HARDSHIP
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a. 
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;
b. 
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;
c. 
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
d. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved state program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in States without approved programs.
INCREASED COST OF COMPLIANCE (ICC)
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.
LETTER OF MAP AMENDMENT
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.
LETTER OF MAP CHANGE
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.
LETTER OF MAP REVISION
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.
LETTER OF MAP REVISION - FILL
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
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.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
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.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
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.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
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.
LOWEST HORIZONTAL STRUCTURAL MEMBER
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.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
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.
NEW CONSTRUCTION
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
NONRESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE
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.
OUTDOOR ENTERTAINMENT AREA ATTACHED TO THE MAIN STRUCTURE
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]
PRIMARY FRONTAL DUNE AREA
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.
RECREATIONAL VEHICLE
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.
RESIDENTIAL
Pursuant to ASCE 24:
a. 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;
b. 
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
c. 
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.
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SOLID WASTE DISPOSAL
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.
SPECIAL FLOOD HAZARD AREA
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
a. 
Start of construction is as follows:
1. 
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.
2. 
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.
b. 
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.
c. 
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.
d. 
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
STRUCTURE
Any building or other structure, including gas or liquid storage tanks.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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:
a. 
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
b. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
THIRTY-DAY PERIOD
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.
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
V ZONE CERTIFICATE
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.
V ZONES
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."
VARIANCE
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.
VIOLATION
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.
WATER SURFACE ELEVATION
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.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
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.
[1]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
[2]
Editor's Note: See 16 U.S.C.A. § 3501 et seq.
[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:
a. 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
b. 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
[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;
b. 
Meet the limitations of § 19-5.3a of this chapter when located in a regulated floodway;
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;
d. 
Be constructed of flood-damage-resistant materials as described in ASCE 24 Chapter 5;
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:
1. 
Specifically allowed below the local design flood elevation; and
2. 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
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:
(1) 
Meets the requirements of ASCE 24, Chapters 2 and 7; and
(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;
(c) 
Be constructed to meet the requirements of ASCE 24, Chapter 2;
(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.
(f) 
Have documentation that a nonconversion agreement has been executed between the owner(s) and the Borough of Avalon for enclosures greater than six feet in height in accordance with Chapter 27 of Avalon Borough Code.
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:
(1) 
Meets the requirements of ASCE 24, Chapters 4 and 7; and
(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.
(f) 
Have documentation that a nonconversion agreement has been executed between the owner(s) and the Borough of Avalon for enclosures greater than six feet in height in accordance with Chapter 27 of Avalon Borough Code.
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.
c. 
Mark out inspection (where applicable, see § 19-6.3): $25.
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: $—.