The Planning Board is hereby designated to administer
and implement this Part 7 by reviewing and granting or denying applications
and site plan approval affecting the flood hazard areas in accordance
with the provisions contained herein and upon submission of such information
in such form as it may require in connection therewith, including
prior or conditional issuance of such federal, state or local permits
as may be required.
A.
No structures or other development shall hereafter
be erected, enlarged or expanded in any flood hazard area unless a
site plan shall have been submitted to the Planning Board for its
review and approval. Said plan shall be referred to the appropriate
Township agencies by the Planning Board for review and comment.
B.
Application shall be made in forms furnished by the
Planning Board, which may include, but shall not be limited to, the
following:
(1)
Plans, in the number of copies required by the Land
Use Law of the Township of Boonton, drawn to scale, showing the nature,
location, dimensions and elevations of the area in question; existing
or proposed structures, fill, storage or materials and drainage facilities;
and the location of the foregoing.
C.
Said site plan shall, in addition to information required
in connection with an application for development, show the following
information:
(1)
The existing and proposed contours at a contour interval
of one foot.
(2)
Elevation in relation to mean sea level of the lowest
floor within any proposed structure after its completion and the nearest
United States Geodetic Survey bench mark from which such elevations
are calculated.
(3)
The proposed elevations of the lands involved at the
corners of the foundation of any structure or structures.
(4)
The elevation in relation to mean sea level to which
any structure has been floodproofed.
(5)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 102-121B.
(6)
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
(7)
The layout of existing and proposed public streets
and the nature, extent and location of existing and proposed utilities
servicing and to service the premises in question.
(8)
The elevation of any existing or proposed pumping
facilities and overflow, elevations of vents or entranceways, if underground
and overflow elevations of sewage treatment plant units.
(9)
The nature and extent of the construction alterations
or repairs.
(10)
Proof of encroachment lines obtained from the
New Jersey Department of Environmental Protection, if applicable.
(11)
The extent of filling of the land, if any.
(12)
Surrounding structures within a two-hundred-foot
radius.
(13)
Grading in accordance with the recommendations
set forth in Data Sheets 72 and 73 of Land Planning Bulletin No. 3,
Neighborhood Standards for Northern New Jersey, as issued by the Federal
Housing Administration.
(14)
Require base flood elevation data for any subdivision
proposal and other proposed new development.
A.
In reviewing any proposed structure or development
within a flood hazard area, the Planning Board shall not approve a
site plan unless it is reasonably assured that:
(1)
Any structure can be occupied without peril to the
health or safety of the occupant.
(2)
Any structure will not impede the flow of surface
waters through any river, stream or other watercourse, natural or
artificial.
(3)
Whenever possible, structures shall be constructed
with the longitudinal axis parallel to the direction flood flow and
placed approximately on the same flood flow lines as those of adjoining
structures.
(4)
The site plan takes into account floodplain management
programs, if any, already in effect in neighboring areas.
B.
The duties of the Planning Board shall include, but
not be limited to, the following:
(1)
Application and site plan review. The Planning Board
shall:
(a)
Review all development and site plan applications
to determine that the requirements of this Part 7 have been satisfied.
(b)
Review all applications and determine or require
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(2)
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 102-111, Basis for establishing areas of special flood hazard, the Planning Board shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 102-121A, Specific standards for residential construction, and § 102-121B, Specific standards for nonresidential construction.
(3)
Information to be obtained and maintained. The Planning
Board shall:
(a)
Verify and record the actual elevation, in relation
to mean sea level, of the lowest floor, including the basement, of
all new or substantially improved structures and whether or not the
structure contains a basement.
(c)
Maintain for public inspection all records pertaining
to the provisions of this Part 7.
(4)
Alteration of watercourses. The Planning Board shall:
(a)
Notify adjacent communities and the Department
of Environmental Protection 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.
(5)
Interpretation of FIRM boundaries. The Planning Board
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
actual field conditions). The person contesting the location of the
boundaries shall be given a reasonable opportunity to appeal the interpretation
as provided in this article.
A.
Appeal Board.
(1)
The Township Committee as established by the Township
of Boonton shall hear and decide appeals and requests for variances
from the requirements of this Part 7.
(2)
The Township Committee shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Planning Board in the enforcement or
administration of this Part 7.
(3)
Those aggrieved by the decision of the Township Committee,
or any taxpayer, may appeal such decision to the appropriate court.
(4)
In passing upon such applications, the Township Committee shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Part 7 and:
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location, where applicable.
(f)
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program of that area.
(i)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
(k)
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.
(6)
The Township Committee shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration, upon request.
B.
Conditions for variances.
(1)
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 items in Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places without regard to
the procedures set forth in the remainder of this section.
(3)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant a variance
would result in exceptional hardship to the applicant; and
(c)
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 as identified in Subsection A(4) or conflict with existing local laws or ordinances.
(6)
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.
