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 § 313-7. 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 § 313-17B; 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.
Duties of the Township Engineer 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. If located in the floodway, assure that the encroachment provisions of § 313-17D(1) are met.
(4)
Review all development permits in the coastal high-hazard area of
the area of special flood hazard to determine if the proposed development
alters sand dunes so as to increase potential flood damage.
(5)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 313-18B(4).
B.
Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 313-7, 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 §§ 313-17A, Specific standards, residential construction, and 313-17B, Specific standards, 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 basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(3)
In coastal high-hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 313-18B(1) and B(2)(a) and (b) are met.
(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 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 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 § 313-15.
A.
Appeal board.
(1)
The Planning Board as established by the Township Council shall hear
and decide appeals and requests for variances from the requirements
of this chapter.
[Amended 2-27-2018 by Ord. No. 4574-18; 2-9-2022 by Ord. No. 4728-22]
(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 the State of New
Jersey.
(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 § 313-15A(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.
(7)
Fees.
[Added 2-9-2022 by Ord. No. 4728-22]
(a)
In connection with a first-level appeal of a substantial damage
determination to the Township Engineer or his designee, an escrow
review fee of $500 is due and payable upon filing. This appeal shall
be reviewed and determined solely based on documentary evidence submitted
by the appealing party. For a first-level appeal that also includes
an in-person review, an additional $350 is due and payable upon filing.
(b)
In connection with an appeal to the Planning Board, an escrow
review fee of $1,750 is due and payable upon filing of the appeal.
(c)
These fees shall be used exclusively to cover the costs of professional
reviews of the appeal by the adjusters, engineers, planners, attorneys,
and other professionals retained by the respective reviewing board
or agency. All unused escrow deposits shall be refunded to the applicant
within 90 days of the final disposition of the appeal.
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, providing items (a) through (k) in § 313-15A(4) 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 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 § 313-15A(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.
