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 § 210-7. 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, 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 the 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 § 210-17B; and
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.
(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 § 210-7, Basis for establishing the 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 the specific standards in § 210-17A, Residential construction, and § 210-17B, 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.
(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 substantially damaged 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 § 210-15.
A.
Appeal board.
(1)
The Planning Board as established
by the governing body 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
the Superior Court of New Jersey, as provided in the New Jersey Revised
Statutes.
(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 § 210-15A(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 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 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 210-15A(4)(a) through (k) have been fully considered. As the lot size increases beyond the one-half 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 § 210-15A(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.
