CAPE MAY POINT — Borough Commission discussed potential ordinance changes relating to New Jersey Department of Environmental Protection regarding the Protecting Against Climate Threats/Resilient Environments and Landscape (PACT/REAL) rules.
The rules significantly change various regulations in response to climate change, including drastically increasing the size of the Flood Hazard Area through the creation of a new Climate Adjusted Flood Elevation standard, in addition to changes to state stormwater management, wetlands conservation and coastal area protection.
Additionally, the DEP regulations raise the base flood elevation for new construction and extensive reconstruction to 4 feet in coastal areas.
During the May 12 meeting, Clerk Elaine Wallace said she sent the commissioners information regarding changing the borough’s floodplain and flood management ordinance. She added that engineer Dale Foster had prepared a 12-page summary of the 40-page document.
Foster said the most important change was flood-damage prevention, which affects site plans for building permits.
“While it may be a lot, not a lot really changed,” he said. “They changed some nomenclature, they changed the name of the division of flood engineering and added resiliency to the title of the agency.”
Foster said the changes require those in the one zone to get a permit from the DEP before the borough can issue a building permit.
“There are different categories of impact, what they can and can’t build,” he said, adding that the Federal Emergency Management Agency base flood elevation has an additional 4 feet added to it because of the PACT/REAL rules.
Foster added that the borough previously had 2 feet of freeboard above FEMA’s base flood elevation, resulting in an additional 2 feet of elevation on the first floor.
Foster said the model ordinance DEP posted on its website does not include the freeboard, only the 4 feet.
“I think in the other ordinance, the big, long one that was a bazillion pages had the freeboard in there,” Deputy Mayor Elise Geiger said. “Everything I’ve read came back with that same number, which is four plus one, which for us would be from 10 feet to 13.”
Foster said he would look into the freeboard requirements further.
“There’s an impact that we discussed at the Planning Board, that getting this additional elevation is going to require more steps and longer handicap ramps,” Foster added. “Are we going to allow that to be put into the setbacks, whether it’s a side yard or front setback?”
Mayor Anita Van Heeswyk said that, in speaking with the borough’s planners, the DEP continues to send information on how to address these changes.
“I’ve spoken with Michael Sullivan, our planner, about this,” she said. “There’s going to be a lot of aesthetic things we will be looking at [at the] Planning Board and discussing on how to do this.”
Van Heeswyk said the work that had been done on chapter 150 was substantial and thoughtfully done.
“I think as we are now, I would like us not to jump into this today and make any recommendations; we’re going to look through it,” she said. “Cape May Point normally jumps in and gets things done right away, but there’s an appeal out there and I think that this may be overturned.”
Van Heeswyk added that she was hoping to be careful with the changes and take it slowly.
“I agree, Anita, that we shouldn’t jump in,” Geiger said. “But I guess there is some prudence and knowing when we have to jump in, what exactly do we have to jump in with.”
Additionally, Van Heeswyk said the planner had sent some ideas, including design incentives and overlay zones, that can be discussed.
“Planning Board will all get to look at [this] and I think that it’s where we’re going to maybe be able to keep some of our character here in Cape May Point, by utilizing some of these things,” Van Heeswyk said.
The regulations are set to take effect July 20.
Wallace said if the commission wants any changes to be effective by that date, an ordinance would have to be introduced at the first meeting in June.
“Once we adopt it, that estoppel period gives us time to stop again,” Van Heeswyk said. “We can withdraw it at that point, so we have time. We have to go through these steps to meet these deadlines.”
Commissioner Suzanne Yunghans asked if there was a year to implement stormwater changes based on PACT/REAL. Foster said no, it must be made right away.
“It deals with impervious areas, motor vehicle surface areas, raising roadways and other things like that,” Foster said. “Particularly if you’re building new.”
Foster added that the DEP has a model ordinance on stormwater, which has most of the work done for the borough.
“They didn’t do it on flood damage ordinance,” Foster added.
By RACHEL SHUBIN/Special to the Star and Wave
