[Amended 2-4-1988 by Ord. No. 88-2]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 199-8. Application for a development permit shall be made on forms furnished by the Township Engineer 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. Specifically, the following information is required:
A.
Elevation, in relation to mean sea level, of the lowest
floor, including basement, of all structures.
B.
Elevation, in relation to mean sea level, to which
any structure has been floodproofed.
C.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 199-18B.
D.
Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
The Township Engineer is hereby appointed to
administer and implement this chapter by granting or denying development
permits in accordance with its provisions.
Duties of the Township Engineer shall include
but not be limited to:
A.
Permit application review. The Township Engineer shall:
(1)
Review all development permit applications to determine
that the permit requirements of this chapter have been satisfied.
(2)
Review all development permit applications to determine
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
B.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 199-8, the Township Engineer 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 § 199-18A and B.
[Amended 3-5-1987 by Ord. No. 87-11]
C.
Information to be obtained and maintained. The Township
Engineer shall:
(1)
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.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter.
D.
Alteration of watercourses. The Township Engineer
shall:
(1)
Notify adjacent communities and the New Jersey Department of Environmental
Protection, Dam Safety and Flood Control Section and Land Use Regulation
Program, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration.
[Amended 9-24-2009 by Ord. No. 2009-06A]
(2)
Require that maintenance be provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
E.
Interpretation of firm boundaries. The Township Engineer 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 § 199-16.
A.
Appeal board.
(1)
The Land Use Board, as established by the Township
of Franklin, shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The Land Use Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision or determination
made by the Township Engineer in the enforcement or administration
of this chapter.
[Amended 2-4-1988 by Ord. No. 88-2]
(3)
Those aggrieved by the decision of the Land Use Board,
or any taxpayer, may appeal such decision of the Land Use Board, or
any taxpayer, may appeal such decision to the Superior Court of the
State of New Jersey as provided in Rule 4:69-1.
(4)
In passing upon such applications, the Land Use Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter 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 to the
Comprehensive Plan and floodplain management program of that area.
(h)
The compatibility of the proposed use with existing
and anticipated development.
(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, streets and bridges.
(5)
Upon consideration of the factors of Subsection A(4) of this section and the purposes of this chapter, the Land Use Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Township Engineer 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 lots conforming to Chapter 220, Land Use, or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the factors in Subsection A(4)(a) through (k) of this section have been fully considered. As the lot size increases beyond lots conforming to Chapter 220, Land Use, the technical justification required for issuing the variance increases.
(2)
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.
[Amended 6-11-2009 by Ord. No. 2009-06; 9-24-2009 by Ord. No.
2009-06A]
(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 the variance
would result in exceptional hardship to the applicant.
(c)
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 Subsection A(4) of this section 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.
