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 § 179-7. Application for a development permit shall be made on forms furnished by the Construction Code 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.
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 § 179-17B; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Construction Code 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 Code 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.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 179-7, Basis for establishing areas of special flood hazard, the Construction Code 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 § 179-17, Specific standards, Subsection A, Residential construction, and Subsection B, 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)
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, 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.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
E.
Substantial damage review.
(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.
F.
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 § 179-15.
A.
Appeal Board.
(1)
The Zoning Board as established by Mayor and Council shall hear and
decide appeals and requests for variances from the requirements of
this chapter.
(2)
The Zoning Board shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Construction Code Official in the enforcement or administration
of this chapter.
(3)
Those aggrieved by the decision of the Zoning Board, or any taxpayer,
may appeal such decision to the Superior Court as provided in N.J.S.A.
Const. Art. 6, § 5, par. 4.
(4)
In passing upon such applications, the Zoning 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 Subsection A(4) and the purposes of this chapter, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Construction Code 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 and surrounded by lots with existing structures constructed below the base flood level, providing Subsection A(4)(a) through (k) has 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 a
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 Subsection 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.
