[Ord. No. 19-87, § 2]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section
11A-6. 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. 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 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 Section
11A-16B.
(d) A description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 19-87, § 2; Ord. No. 6-2015, § 1]
(a) The Construction Official is hereby appointed to administer and implement
this chapter by granting or denying development permit applications
in accordance with its provisions.
(b) The Borough Engineer is hereby designated as the National Flood Insurance
Program (NFIP) Floodplain Administrator (FPA).
[Ord. No. 19-87, § 2]
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 developments 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 to assure that the encroachment provisions of Section
11A-17(a) are met.
(b) Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Section
11A-6, 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 Section
11A-16(a), Specific standards, Residential construction, and 11A-16(b), Specific Standards, Nonresidential construction.
(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, and whether or not the structures contain a basement.
(2)
For all new substantially improved floodproofed structures:
(i)
Verify and record the actual elevation (in relation to mean
sea level); and
(ii)
Maintain the floodproofing certifications required in Section
11A-11(e).
(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 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.
[Ord. No. 9-2015, §
4]
(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 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 Section
11A-14.
(f) Substantial damage review.
[Ord. No. 9-2015, 5]
(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,
Dam Safety and Flood Control Section.
(3)
Ensure that substantial improvements meet the requirements of Section
11A-16(a), specific standards for residential construction, or Section
11A-16(b), specific standards for nonresidential construction, as appropriate.
[Ord. No. 19-87, § 2; Ord.
No. 3-2000, § 3]
(a) Appeal Board.
(1)
The Planning Board, as established by the Borough of Morris
Plains, 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 Construction Official 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 any court of competent jurisdiction.
(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:
(i)
The danger that materials may be swept onto other lands to the
injury of others;
(ii)
The danger to life and property due to flooding or erosion damage;
(iii) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(iv)
The importance of the services provided by the proposed facility
to the community;
(v)
The necessity to the facility of a waterfront location, where
applicable;
(vi)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii) The compatibility of the proposed use with existing
and anticipated development;
(viii) The relationships of the proposed use to the
Comprehensive Plan and floodplain management program of that area;
(ix)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(x)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, and the effect of wave actions, if applicable,
expected at the site; and
(xi)
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 Section
11A-14(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 Construction Official shall maintain the records of all
appeals 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 and constructed below the base flood level, provided that paragraphs (i) through (xi) in Section
11A-14(a)(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:
(i)
A showing of good and sufficient cause;
(ii)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(iii) 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 or cause fraud on or victimization of the public as identified in Section
11A-14(a)(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.