Borough of Avalon, New Jersey: Flood Damage Prevention Ordinance

This resource is part of a collection of research on Local Ordinances for Climate Adaptation & Mitigation developed by Georgetown Climate Center. See more related resources.

The Borough of Avalon, New Jersey updated their Floodplain Ordinance in 2022 by passing Ord. No. 849-2022, incorporating expanded areas subject to regulation and heightened standards designed to better ensure flood protection of structures.

Floodplain regulations for the town are contained within Chapter 19 of the Municipal Code - Flood Damage Prevention. Collectively, policies related to the floodplain in Avalon’s Building Code, Residential Code, Rehabilitation Subcode, and other local codes beyond the Uniform Construction Code of New Jersey are known as the “Floodplain Management Regulations of the Borough of Avalon.”

These regulations apply to new construction and substantial improvement to buildings in and around the flood hazard area, determining what type of buildings are and are not allowed to be built, and what protections against flooding must be in place for buildings within the flood hazard area. New Jersey defines the flood hazard area using the Flood Hazard Area Control Act (FHACA): of the most recent FEMA Flood Insurance Rate Map, FEMA flood studies, and state delineations, the most restrictive boundary will be applied to determine the hazard zone.

Expanded Regulatory Boundaries

When determining the elevation of new or improved critical facilities in the flood hazard area, structures must be elevated to at least one foot above the 500-year flood level in Avalon. The 500-year flood level is the level water would reach during a flood that has a 0.2% chance of happening in a given year. This goes beyond the federal minimum of regulating the 100-year floodplain. Additionally, regulatory boundaries expand into unstudied flood zones for large watersheds and riparian zones. Development in riparian zones is prohibited per this ordinance save for some exceptions.

Enhanced Setback Standards

Development should not occur within the riparian zone, which ranges from 50 - 300 feet from the waterline and is determined by the NJ Department of Environmental Protection.

Freeboard Standards

The local design flood elevation (LDFE) for Avalon is the elevation above floodwater levels for different types of buildings in different locations across the borough. The Avalon LDFEs include:

For delineated water courses: at minimum the flood elevation from the best available flood hazard data plus three feet of freeboard, or the elevation determined by FHACA (whichever is higher);
For flood hazard protection areas: the FIRM base flood plus three feet of freeboard;
And for critical facilities: the 500-year flood level plus one foot of freeboard, or the flood hazard area design flood elevation from the American Society of Engineers guidelines.

Additionally, §19-3.8 requires that changes to the base flood elevation due to natural or man-made changes be reported to the Floodplain Administrator as soon as possible. This may include processes such as erosion, accretion, dredging, or even sea-level rise.

Mapping

Avalon’s floodplain ordinance is subject to the state’s minimum floodplain regulations, outlined in FHACA. Unmapped flood areas in watersheds greater than 50 acres and most riparian zones are also regulated and are documented by the Borough of Avalon Construction Office.

Publication Date: 2022

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