[Amended 8-22-2007 by Ord. No. 07-28]
A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 166-7. Application for a development permit shall be made on forms furnished by the Construction Official 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.
To obtain a permit to utilize land within any area
of special flood hazard, the applicant shall provide the following
information:
(1)
A plan which shows the exact size, shape, location
and elevation of existing and proposed buildings and structures and
the location of any fill or regrading.
(2)
The location of any watercourse within 1,000 feet
of the property in question and the location of the boundary of the
special flood hazard area, if applicable.
(3)
The elevation, in relation to mean sea level, of the
lowest floor, including the basement, of all structures.
(4)
The elevation, in relation to mean sea level, to which
the 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 § 166-18B.
(6)
A description of the extent to which any watercourse
will be altered or relocated as a result of a proposed development.
(7)
Such other information as shall be reasonably required
for an evaluation as required within this article.
[Amended 8-22-2007 by Ord. No. 07-28]
The Township Engineer is hereby designated to
administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
[Amended 8-22-2007 by Ord. No. 07-28]
The Township Engineer for the Township of Pennsauken
shall perform duties on behalf of the Township which shall include
but not be limited to:
A.
Permit review.
(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.
(3)
Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of § 166-19A are met.
(4)
Review
all development permits in the coastal high-hazard and Coastal A Zone
area of the area of special flood hazard to determine if the proposed
development alters sand dunes or other natural coastal protections
so as to increase potential flood damage.
[Added 6-22-2016 by Ord.
No. 2016:11]
B.
Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 166-7, Basis for establishing areas of special flood hazard, 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 § 166-18A and B.
C.
Information to be obtained and maintained.
(1)
Obtain 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.
(3)
In coastal high-hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 166-20B and § 166-20C(1) and (2) are met.
[Added 6-22-2016 by Ord.
No. 2016:11[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(3) as C(4).
(4)
Maintain
for public inspection all records pertaining to the provisions of
this chapter.
D.
Alteration of watercourses.
(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 that the flood-carrying
capacity is not diminished.
E.
Interpretation of FIRM boundaries. The Township Engineer, in reviewing a development permit, 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 §§ 166-15 and 166-16.
F.
Substantial
damage review.
[Added 6-22-2016 by Ord.
No. 2016:11]
(1)
After
an event resulting in building damages, assess the damage to structures
due to flood and nonflood causes.
(2)
Record
and maintain the flood and nonflood damage to substantially damaged
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.
A.
The Township Committee shall hear and decide appeals
from the requirements of this chapter.
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 Township Engineer in the enforcement
or administration of this chapter.
[Amended 8-22-2007 by Ord. No. 07-28]
C.
Those aggrieved by the decision of the Township Committee,
or any taxpayer, may appeal such decision to a superior court as provided
for in N.J.S.A. 40:55D-17(h).
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 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 heights, 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 of § 166-15D and the purposes of this chapter, the Township Committee may attach such considerations to the granting of variances as it deems necessary to further the purposes of this chapter.
[Added 8-22-2007 by Ord. No. 07-28[1]]
[1]
Editor's Note: This ordinance also redesignated
former Subsection E as Subsection F.
F.
The Township Engineer shall maintain the records of
all appeal actions, including technical information, and report any
permits to the Federal Insurance Administration upon request.
[Amended 8-22-2007 by Ord. No. 07-28]
[Amended 8-22-2007 by Ord. No. 07-28; 6-22-2016 by Ord. No. 2016:11]
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 § 166-15D(1) through (11) has 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 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, provided
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a 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 construction
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 or extraordinary public expense, create nuisances; cause fraud on or victimization of the public as identified in § 166-15D; 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.
