A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 81-7.
B.
Application for a development permit shall be made on
forms furnished by the Administrative Officer and shall be submitted, together
with a true and accurate plot plan drawn by a licensed engineer, drawn to
a scale of not less than one inch equals 50 feet, with contour lines at intervals
of not more than two feet, showing:
(1)
The exact size, shape, location and elevation of existing
and proposed buildings and structures and of any proposed fill or regrading;
(2)
The exact dimensions and acreage of each lot or plot
to be built upon or otherwise used;
(3)
The location of the floodway and flood hazard area limits;
(4)
The location, layout and elevation of existing and proposed
parking areas, driveway drainage, sewer and water facilities and connections,
plants, seedings, screenings, fences, and signs; and
(5)
Such other information as shall be reasonably required
for an evaluation of the effect of the development upon flood control.
C.
Fifteen copies of the said application and plot plan
shall be required.
D.
Specifically, the following information is also required:
(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 floodproofing criteria in § 81-18B; and
(4)
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
The Administrative Officer shall, within 10 days after receiving the
application, forward the same and the development plans submitted therewith
to the Planning Board for its review as hereinafter provided, to the Bureau
of Floodplain Management, Division of Water Resources, Department of Environmental
Protection of the State of New Jersey for its report and recommendation and
to the Township Engineer for his report and recommendation.
A.
The Planning Board is hereby designated to administer
and implement this chapter by granting or denying development permit applications
in accordance with its provisions.
B.
The Planning Board shall take no final action until it
has received the report and recommendation of the Bureau of Floodplain Management,
Division of Water Resources, Department of Environmental Protection of the
State of New Jersey and shall have given the applicant the opportunity to
appear and be heard with respect to the application, report and recommendation.
C.
The review by the Planning Board shall include, but need
not be limited to:
(1)
Permit review:
(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.
(2)
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 81-7, 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 § 81-18, Specific standards, Subsection A, Residential construction, and Subsection B, Nonresidential construction.
(3)
Information to be obtained and maintained. The Planning
Board 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 the structure
contains a basement.
(c)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
(4)
Alteration of watercourses. The Planning Board shall:
(a)
Notify adjacent communities and the New Jersey 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 hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 81-15.
(6)
Written decisions. The Planning Board's actions and the
reasons therefor shall be in writing; a copy thereof shall be forwarded to
the applicant.
A.
The Township Committee shall hear and decide appeals
and requests for variances from the requirements of this chapter. Appeals
to the Township Committee shall be made within 45 days of the written decision
of the Planning Board.
B.
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 chapter.
C.
Those aggrieved by the decision of the Township Committee
or any taxpayer may appeal such decision as provided by the laws of the State
of New Jersey.
D.
In passing upon such applications, the Township Committee
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(1)
The danger that materials may be swept onto other lands
to the injury of others;
(2)
The danger to life and property due to 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 Master 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 heights, velocity, duration, rate of rise,
and sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
(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 of Subsection D above and the purposes of this chapter, the Township Committee may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Planning Board shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
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 continuous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 81-15D(10) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical jurisdiction required for issuing the variance increases.
B.
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.
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:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 81-15D or conflict with existing local laws or ordinances.
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.
