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Second Appeal Brief
PA ID# 025-UXURL-00; Ocean Grove Camp Meeting Association
PW ID# N/A; Request for Public Assistance
Conclusion: The Ocean Grove Boardwalk is an eligible private nonprofit (PNP) facility because the facility is designated as a “public highway,” connects neighboring townships and supports the execution of mutual aid agreements, and is available at all times to provide health and safety services of a governmental nature.
Hurricane Sandy caused severe damage to the eastern section of Ocean Grove, including the Ocean Grove Boardwalk facility, which the Ocean Grove Camp Meeting Association (Applicant) owns and operates. On February 6, 2013, FEMA determined that the Boardwalk was not an eligible PNP facility because the facility is used for recreational purposes and does not provide essential government services. On first appeal, the Applicant contended that the facility provides a “critical service” because it serves as a thoroughfare between municipalities and as the only access point to the beachfront for emergency and police vehicles. The FEMA Acting Regional Administrator denied the appeal, asserting that the Applicant failed to establish that, as a multiuse facility, the primary (over 50% of space or time used) function of the Boardwalk was to provide critical emergency services. On second appeal, the Applicant further explained and documented the health and safety services of a governmental nature its facility provides.
- Stafford Act §§102(10)(B), 406(a)(3)(A)(ii); 42 U.S.C. §§ 5122(10)(B), 5172(a)(3)(A)(ii)
- 44 CFR 206.221 (e)(7) Definitions; 206.226(c)(2) Restoration of damaged facilities
- PA Guide, FEMA 322 (June 2007), at 19
Stafford Act Section 102(10)(B) and 44 CFR 206.221 (e)(7) provide that eligible PNP facilities include those PNP facilities that provides essential health and safety services of a governmental nature to the general public.
- The Applicant was chartered by the State of New Jersey to establish Ocean Grove as a private non-profit. Prior to being merged into Neptune Township, Applicant provided law enforcement, fire and rescue services for Ocean Grove.
- The Boardwalk is recognized by New Jersey as a public highway, is not used for commercial purposes, is part of a continuous stretch of boardwalk connecting townships, and is essential to the proper functioning of mutual aid agreements with other municipalities.
- The Boardwalk employs special ambulances and regularly serves as an ad hoc command center for the Ocean Grove Beach Patrol.
PA Guide, FEMA 322’s “PNP Mixed-Use Facilities” section provides that “facilities with mixed uses must be primarily used for eligible activities. ‘Primarily used,’ means that over 50 % of the facility space or over 50 percent of the time is used for eligible activities.”
- This facility is always available to provide eligible health and safety services of a governmental nature. Moreover, such services are provided in a similar fashion as and in collaboration with neighboring municipalities.