Professional Memo - Toms River Township

TOWNSHIP OF TOMS RIVER
33 Washington Street, P.O. Box 728
Toms River, NJ 08754
Department of Engineering and Community Development
732-341-1000 Phone . 732-341-0828 Facsimile
Via First Class Mail & Electronic Mail - http://www.nj.gov/dep/rules/comments
Thursday, March 07, 2013
Gary J. Brower, Esq.
Attention: DEP Docket No. 01-13-01
Office of Legal Affairs
Department of Environmental Protection
401 East State Street, 4th Floor
Re: Comments to Emergency Rule Change- NJAC 7:13
Use of FEMA ABFEs as basis for determining the 100 year flood levels
Toms River Township, NJ
Mr. Brower:
Thank you for this opportunity to express Toms River Township’s position, with respect
to the utilization of the FEMA ABFE maps as the 100 year Base Flood Elevation for
future construction. As detailed below, Toms River has numerous questions and
serious concerns regarding use of this data, and, more importantly, based on
indications from FEMA that these elevations may change, the ABFE maps have
caused great confusion for our residents as they try to move forward. Although the
early release of the ABFE maps was well-intentioned, the result was a virtual halt in
all rebuilding efforts.
For instance, we have been advised by FEMA that the “V” zone designation in the
back bay areas of the Township most likely will be downgraded; however, since
NJAC 7:13 mandates the use of the ABFE, there is a strong possibility that residents
in these areas will end up “overbuilding”, and as such, incur unnecessary costs or
debt at a time when they can least afford to do so
Although constructing higher than the code minimum is not without its safety and
insurance rate benefits, “V” zone construction in what may in fact turn out to be a
future “A” zone will have little if any insurance benefit for its added construction
cost. “V” zone construction can easily add $50,000.00 to the cost of raising a home.
As we all know, FEMA’s ICC program only provides $30,000.00 for this purpose. The
costs of physically raising the home, and disconnecting/reconnecting the utilities,
typically consumes the ICC $30,000.00 grant. That leaves the piling costs to be
borne by the homeowner. Our residents may be very upset to learn that they
P:\Engineering & Community Development\General Engineering\2013\030713 RJC NJAC 7 13 Rule Change.docx
“HOMO COGITAT, DEUS INDICAT”
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To:
Department of Environmental Protection
Re: Comments to Emergency Rule Change- NJAC 7:13
Date: Thursday, March 07, 2013
incurred this cost for no reason once the anticipated, less stringent, FIRM maps are
adopted.
I have previously written to FEMA and expressed my concerns with the ABFE
mapping. We met with FEMA representatives and have been advised by FEMA
that their calculations are not complete, but that they believe the ABFE’s to be
“conservative”.
I cannot say for certain whether I agree with this in all areas, having not been able
to review calculations that do not yet exist; however, based on what we have
been advised thus far by FEMA that the conditions experienced from super storm
Sandy, in our area exceeded a 200 year + event, it is difficult to explain to residents,
whose homes survived the storm with little or no damage, that they still need to
upgrade based on the ABFE mapping. This mapping is supposed to be based on a
projected 100 year event.
For more detail on my concerns, I would refer to my letter of December 19, 2012
to Mr. Scott Duell of FEMA, but in general terms, we saw very little wave action in
areas such as Green Island, Silverton and along the Toms River. My field
observations lead me to believe that there may be some areas, specifically some
select areas directly fronting the Bay where perhaps a V Zone designation may
be appropriate, only if the elevation warrants, but that the V Zone designation
should not continue inland too far. As of now, areas of Green Island and Silverton
had little or no impact from wave action, yet, these areas are currently designated
as V zones in the ABFE maps.
Further, we would like to see the mapping revised to include more Hurricane Sandy
High Water Marks as well as plotting homes that actually experienced wave action
damage. This will help justify what areas need to be in the V zone in the final
analysis.
I think at this point it is premature to discuss the barrier island until the dune
easement issue is resolved. If that project is able to move forward, I agree with
what FEMA has informed us, in that the BFE elevations should drop if sufficient dune
and enlarged beach elevation areas are constructed.
In summation, I feel the ABFE should be used as an informal tool at this point only for
residents and their design professionals. Based on the varying degree of their
accuracy, residents should be allowed to consult with their design professional,
insurance agent and based on their own experience with Superstorm Sandy, make
their own design decisions, until such time as the FEMA modeling is accurately
completed and gone through the review process.
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To:
Department of Environmental Protection
Re: Comments to Emergency Rule Change- NJAC 7:13
Date: Thursday, March 07, 2013
My understanding of the normal FIRM approval process is such that all of the
stakeholders have a chance to put forth their input. In some cases new data is
presented and changes are made. The NJAC 7:13 emergency rule change
bypassed all of that valuable scrutiny.
If you have any questions or require additional information please do not hesitate
to contact me.
Very truly yours,
/RJC
_____________________________
Robert J. Chankalian, PE, CME
Township Engineer
Cc:
Mayor Thomas F. Kelaher
Toms River Township Council
Paul J. Shives, Business Administrator
Louis Amoroso, Asst. Business Administrator
Wendy A. Birkhead, Asst. Township Engineer
Jay Lynch, PP, Township Planner
Kenneth Fitzsimmons, Esq, Township Attorney
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