Planners Must 'Tread Wisely' With Flood Map Variance Requests

A variance process for contesting FEMA flood elevations won't be much help to homeowners, since too many approved appeals could jeopardize Toms River's participation in the National Flood Insurance Program. 

"The advice from FEMA is, tread wisely," said township engineer Robert Chankalian during the Planning Board's meeting Wednesday. 

Though Township Council members repeatedly have said they don't agree with the interim FEMA flood elevation maps, they voted last week to adopt the guidelines as not to jeopardize federal and other funding. Part of the ordinance adopting the maps establishes the Planning Board as the body to hear appeals from homeowners, so Chankalian discussed the process with members. 

When the engineer asked FEMA for guidance on what may be considered a variance situation, "the first answer was 'none,'" he said.

But the agency called back and said that a variance may be acceptable for an Americans with Disabilities Act ramp into a damaged home. If that happened, "they're not going to lower that person's insurance rates, so even though you may grant the variance for the house to be lower, they will pay the astronomical insurance rates that unfortunately will be put upon us," Chankalian said. 

Board member Jack Reuther questioned whether an economic hardship would qualify for a variance.

"I know quite a few friends and neighbors, they're lives have been impacted," he said. "If they come before us and say 'if you don't grant this variance we'll have to leave,' is that an exceptional hardship to the applicant?"

Non-compliant homes can jeopardize neighbors, Chankalian said, so financial woes are not reasons for the board to grant a variance. 

"I don't believe economic hardship has been considered, historically," he said, adding that grants are available to help pay for repairs and raising of homes, alleviating some of the economic pressure. 

Like the Township Council said when adopting the maps last week, complying with FEMA guidelines is important to ensuring federal and other funding continues to flow into Toms River. 

"Most importantly, we don't want to jeopardize our eligibility for the National Flood Insurance Program," Chankalian said. "If we were to lose that, it jeopardizes the mortgage of every home in the flood zone." 

The engineer indicated that the variance process is not intended to be the main way to fight the FEMA maps, which are expected to be finalized in August.

"The variance doesn't seem to be the preferred vehicle to do that," Chankalian said.

Township officials have said the maps are conservative and may be altered before being finalized. If they aren't, appeals will be made through the proper processes, officials have said. 

Chankalian's office will evaluate any variance appeals and prepare a report for the Planning Board with a recommendation on whether it should be granted, he said.