City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
[Amended 8-22-2018 by Ord. No. 18-2018]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 155-7. Application for a development permit shall be made to the Construction Official on forms furnished by him and may include but not be limited to the following 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. 
The elevation in relation to mean sea level of the lowest floor, including basement, of all structures.
B. 
The elevation in relation to mean sea level to which any nonresidential structure has been floodproofed.
C. 
Plans showing any nonresidential floodproofed structure will meet the floodproofing criteria of § 155-17B before and after the structure is built and a certification by a registered professional engineer or architect that the structure as built meets the criteria of § 155-17B.
D. 
Existing and proposed infrastructure.
E. 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
F. 
Plans for any walls to be used to enclose space below the base flood level.
G. 
A soil analysis.
The Construction Official 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 Construction Official 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 in the area of special flood hazard to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than two-tenths of a foot at any point.
[Amended 8-22-2018 by Ord. No. 18-2018]
(4) 
Review plans for walls to be used to enclose space below the base flood level in accordance with § 155-19B.
[Amended 8-22-2018 by Ord. No. 18-2018]
(5) 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 155-18 are met.
[Added 8-22-2018 by Ord. No. 18-2018]
(6) 
Review all development permits in the coastal high hazard and Coastal A Zone area to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.
[Added 8-22-2018 by Ord. No. 18-2018]
B. 
Use of other base flood data. When the base flood elevation and floodway data has not been provided in accordance with § 155-7, Basis for establishing areas of special flood hazard, the Construction Official 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 § 155-17A, Residential construction, and § 155-17B, Nonresidential construction.
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.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation in relation to mean sea level.
(b) 
Maintain the floodproofing certifications required in § 155-12C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) 
Require all new water and sewer systems, including on-site systems, to be located and designed to avoid impairment.
(5) 
In coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 155-19B(1) and (2) are met.
[Added 8-22-2018 by Ord. No. 18-2018]
D. 
Alteration of watercourses.
(1) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Control, 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.
[Added 8-22-2018 by Ord. No. 18-2018]
(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. 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 this article.
F. 
Substantial damage review.
[Added 8-22-2018 by Ord. No. 18-2018]
(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 of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control.
(3) 
Ensure substantial improvements meet the requirements of § 155-17A, B and C.
A. 
Appeals board.
(1) 
The Linwood Planning Board shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Linwood Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this chapter.
(3) 
Those aggrieved by the decision of the Linwood Planning Board, or any taxpayer, may appeal such decision to the Atlantic County District Court or Superior Court of the State of New Jersey.
(4) 
In passing upon such applications, the Linwood 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, not subject to flooding or erosion damage, for the proposed use.
(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 for 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.
(l) 
The request for a variance shall be made prior to the start of construction.
(5) 
Upon consideration of the factors listed above 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 Construction Official shall maintain the records of all appeal actions 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 repair or rehabilitation of historic structures upon the 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 § 155-15A(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 one foot 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.