Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield 6-2-1986 by Ord. No. 1986-7.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of occupancy — See Ch. 12.
Uniform construction codes — See Ch. 14.
Land use procedures — See Ch. 27.
Subdivision of land — See Ch. 50.
Zoning — See Ch. 65.
[1]
Editor's Note: The preamble to Ord. No. 1986-7 reads as follows:
WHEREAS, the Legislature of the State of New Jersey, in the adoption of N.J.S.A. 40:48-1 et seq. and N.J.S.A. 40:55D-1 et seq., has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry with respect to flood damage prevention; and
WHEREAS, the flood hazard areas of the Township of Mansfield are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety, and general welfare; and
WHEREAS, these flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
WHEREAS, it is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood-control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) Insure that potential buyers are notified that property is in an area of special flood hazard; and
(8) Insure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
WHEREAS, in order to accomplish its purposes, this ordinance includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, are protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 22-1 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, the following words, terms and phrases have the following meanings:
APPEAL
The request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance.
[Added 4-11-1991 by Ord. No. 1991-6]
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM), with a one-percent-or-greater annual chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
[Added 4-11-1991 by Ord. No. 1991-6]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
A. 
A nonbasement building:
(1) 
Built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom on the lowest horizontal structural member of the elevated floor elevated upon the ground level by means of piling, columns (posts and piers) or shear walls parallel to the floor of the water.
(2) 
Adequately anchored so as not to impair the structure and integrity of the building during a flood of up to the magnitude of the base flood.
B. 
In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
C. 
In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff or surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.
[Added 4-11-1991 by Ord. No. 1991-6]
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
[Added 4-11-1991 by Ord. No. 1991-6]
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 of a foot
[Added 4-11-1991 by Ord. No. 1991-6]
HISTORIC STRUCTURE
[Added 4-11-1991 by Ord. No. 1991-6]
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs and as identified in the Township's Master Plan.
LOCAL ADMINISTRATOR
The Municipal Construction Official.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation designed requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
[Amended 3-17-1987 by Ord. No. 1987-3; 4-11-1991 by Ord. No. 1991-6]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
[Added 3-17-1987 by Ord. No. 1987-3]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of floodplain regulations adopted by the Township, and includes any subsequent improvement to such structures.
[Added 4-11-1991 by Ord. No. 1991-6]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this Township.
[Added 4-11-1991 by Ord. No. 1991-6]
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square feet or less when measured at the longest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
[Added 4-11-1991 by Ord. No. 1991-6]
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the state of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Amended 3-17-1987 by Ord. No. 1987-3; 4-11-1991 by Ord. No. 1991-6]
STRUCTURE
A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
[Amended 4-11-1991 by Ord. No. 1991-6]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 4-11-1991 by Ord. No. 1991-6]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
[Amended 4-11-1991 by Ord. No. 1991-6]
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
[Added 4-11-1991 by Ord. No. 1991-6]

§ 22-2 Areas of special flood hazard; floodplain standards.

[Amended 4-11-1991 by Ord. No. 1991-6]
A. 
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township of Mansfield, County of Burlington and State of New Jersey.
B. 
The areas of special flood hazard identified by the Federal Insurance Administration on the Flood Insurance Rate Map (FIRM) dated May 2, 1991, and all revisions thereof, are adopted by reference and declared to be a part of this chapter. The FIRM is on file at the office of the Construction Official in the Mansfield Township Municipal Building, 10 Atlantic Avenue, Columbus, New Jersey 08022.
C. 
In addition to the standards referred to in this chapter, all of the standards of Section 60.3(d) of the National Flood Insurance Program (44 CFR 59 et seq.) are hereby adopted by reference and made a part hereof. Also incorporated by reference and intended for the guidance of all interested agencies within this Township is the final flood elevation determination by the Federal Emergency Management Agency made pursuant to Title 44, Chapter 1, Part 67, of the Code of Federal Regulations in the Flood Insurance Rate Map issued by the Federal Emergency Management Agency and as periodically revised.

§ 22-3 Violations and penalties.

[Amended 4-11-1991 by Ord. No. 1991-6]
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute disorderly conduct. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or be imprisoned for not more than 90 days, or both, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 22-4 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 22-5 Interpretation.

In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under state or federal statutes.

§ 22-6 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Mansfield, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 22-7 Development permit.

A. 
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 22-2. Applications for development permits shall be made on forms furnished by the Municipal Construction Official (local administrator) and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
B. 
The following specific information is required on each development permit application:
(1) 
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.
(2) 
Elevation in relation to mean sea level to which any structure has been floodproofed.
(3) 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the criteria set forth in Section 1910.3(c) of the regulations of the National Flood Insurance Program (24 CFR 1909 et seq.).
(4) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
C. 
A development permit fee of $50 shall be tendered by each applicant and collected by the Construction Official at the time the application is filed.

§ 22-8 Administration.

A. 
The Municipal Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
B. 
The duties of the Municipal Construction Official (local administrator) shall include, but not be limited to, the following:
(1) 
Permit review. The Construction Official shall:
(a) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c) 
Review all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purpose of this chapter, "adversely affects" means damage to adjacent properties because of rises and flood stages attributable to physical changes of the channel in the adjacent overbank areas. If it is determined that there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.
(2) 
Information to be obtained and maintained. The Construction Official shall:
(a) 
Obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not such structure contains a basement.
(b) 
For all new or substantially improved floodproofed structures:
[1] 
Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
[2] 
Maintain the floodproofing certifications required in this chapter.
(c) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(3) 
Alteration of watercourses. The Construction Official shall:
(a) 
Notify adjacent communities and the Bureau of Flood Plain Management, Division of Water Resources, Department of Environmental Protection, State of New Jersey, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(4) 
Interpretation of Flood Insurance Rate Map (FIRM) boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and the actual field conditions).
(5) 
When base flood elevation and floodway data has not been provided in accordance with the provisions herein relating to the basis for establishing the areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources, in order to administer the specific standards contained herein.
[Amended 3-17-1987 by Ord. No. 1987-3]

§ 22-9 Provisions for flood hazard reduction.

In all areas of special flood hazard, the following standards are required:
A. 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[Amended 3-17-1987 by Ord. No. 1987-3]
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(3) 
On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.
[Added 3-17-1987 by Ord. No. 1987-3]
D. 
Subdivision proposals.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
E. 
Any proposed development shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard as set forth in § 22-8B(1), Permit review. Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in the flood levels during the occurrence of the base flood discharge.
[Amended 3-17-1987 by Ord. No. 1987-3]
F. 
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as required herein, the additional standards and requirements set forth in Section 1910.3(b)(4) of the National Flood Insurance Program Regulations (24 CFR 1909 et seq.) shall apply.
G. 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
H. 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the Construction Official (local administrator).
[Amended 4-11-1991 by Ord. No. 1991-6]
I. 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the lowest floor is at or above the base flood elevation. Manufactured homes shall be anchored in accordance with § 22-9A(2).
[Amended 3-17-1987 by Ord. No. 1987-3; 4-11-1991 by Ord. No. 1991-6]
J. 
All new construction and substantial improvements that have fully enclosed areas below the lowest floor which are usable solely for parking vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, and the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[Added 4-11-1991 by Ord. No. 1991-6]

§ 22-10 Floodways.

[Added 4-11-1991 by Ord. No. 1991-6[1]]
Located within areas of special flood hazard established in § 22-2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. 
Encroachments, including fill, new construction, substantial improvements and other development, are prohibited, unless a technical evaluation demonstrates that an encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. 
If the preceding subsection is satisfied, all new construction and substantial flood hazard reduction provisions of § 22-9 shall apply.
C. 
In all areas of special flood hazard in which base flood elevation data has been provided and a floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
[1]
Editor's Note: This ordinance also repealed former § 22-10, Severability.

§ 22-11 Variance procedure.

[Added 4-11-1991 by Ord. No. 1991-6[1]]
A. 
The Mansfield Township Zoning Board of Adjustment shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this chapter.
C. 
Those aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court, as provided by general law and court rule.
D. 
In passing upon such applications, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and (but not necessarily limited to) the following:
(1) 
The danger that materials may be swept onto other lands to the injury of others.
(2) 
The danger to life and property because of flooding or erosion damage.
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) 
The importance of the services provided by the proposed facility to the community.
(5) 
The necessity to the facility of a waterfront location, where applicable.
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) 
The compatibility of the proposed use with existing and anticipated development.
(8) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(9) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) 
The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(11) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.
E. 
Upon consideration of the factors set forth above and the purposes of this chapter, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. 
The Construction Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
[1]
Editor's Note: This ordinance also repealed former § 22-11, Repealer.

§ 22-12 Conditions for variances.

[Added 4-11-1991 by Ord. No. 1991-6[1]]
A. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the conditions described in § 22-11D(1) through (11) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
B. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 
Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local ordinances or general law.
F. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
G. 
The variances referred to in this chapter, however, apply only to applications for relief from the provisions of this chapter and in no way supersede or affect applications for relief under any other chapter of this Code or the Municipal Land Use Law,[2] which the governing body intends to keep in full force and effect in all instances where the same would otherwise apply, even if concurrently with the application of this chapter.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: This ordinance also repealed former § 22-12, When effective.