A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 125-7. 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 § 125-14B; and
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
permit applications in accordance with its provisions.
The duties of the Township Engineer shall include,
but not be limited to:
A.
Permit review. The Township Engineer shall:
(1)
Review all development permits to determine that the
permit requirements of this chapter have been satisfied.
(2)
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.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 125-7, 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 § 125-17A and B.
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 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.
Substantial damage review. The Township Engineer shall:
[Added 7-26-2016 by Ord.
No. 1361[1]]
(1)
After an event resulting in building damages, assess the damage to
structures due to flood and non-flood causes.
(2)
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
E.
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 the Land Use Regulation Program prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so the flood-carrying capacity
is not diminished.
F.
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 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 boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 125-15.
A.
Appeal Board.
(1)
The Planning Board as established by the Township
of Haddon shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2)
The Planning 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.
(3)
Those aggrieved by the decision of the Planning Board,
or any taxpayer, may appeal such decision to the Superior Court of
New Jersey, as provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
[Amended 7-26-2016 by Ord. No. 1361]
(4)
In passing upon such applications, the Planning 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 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; and
(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.
(5)
Upon consideration of the factors of Subsection A(4) and the purposes of this chapter, the Planning 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 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 § 125-15A(4) has 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 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.
(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; and
(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 § 125-15A(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.
