A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 87-7. 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, locations, 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 § 87-17B.
D. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
Duties of the Construction Official shall include but not be limited to:
A. 
Permit review. The Construction Official 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.
(3) 
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 § 87-18A are met.
B. 
Use of other base flood data. When base flood elevation data have not been provided in accordance with § 87-7, 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 § 87-17A, Specific standards, Residential Construction, and § 87-17B, Specific standards, Nonresidential.
[Amended 3-12-2001 by Ord. No. 7-2001]
C. 
Information to be obtained and maintained. The Construction Official 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 in areas of special flood hazard.
(2) 
For all new or substantially improved structures floodproofed in accordance with § 87-17B:
(a) 
Verify and record the actual elevation, in relation to mean sea level, to which the structure was floodproofed; and
(b) 
Maintain the floodproofing certifications required in § 87-12C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses. The Construction Official shall:
(1) 
Notify adjacent communities and the state coordinating agency 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 with the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E. 
Interpretation of FIRM boundaries. The Construction Official 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 § 87-15.
A. 
Appeal Board.
(1) 
The Planning Board or Zoning Board of Adjustment as established by the Township of East Hanover shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Planning Board or Zoning Board of Adjustment shall hear and decide appeals when it is alleged 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 Planning Board or Zoning Board of Adjustment or any taxpayer may appeal such decision to the Superior Court of New Jersey, as provided by law.
(4) 
In passing upon such applications, the Planning Board or Zoning Board of Adjustment 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 of 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.
(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 § 87-15A(4) and the purposes of this chapter, the Planning Board or Zoning Board of Adjustment 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, 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 any surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 87-15A(4)(a) through (k) have been fully considered. As the lot size increased 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.
[Amended 3-12-2001 by Ord. No. 7-2001]
(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 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 or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 87-15A(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.