The development permit required by this chapter shall be issued only upon site plan approval by either the Planning Board or the Zoning Board of Adjustment except when eligible for administrative approval in accordance with Subsection B of this section. Site plan review in conjunction with a related development approval shall be heard by the board having jurisdiction over the related approval. Any application not requiring any other development approval shall be heard by the Planning Board.
Administrative approval. The
Township Engineer or designee may review and approve or disapprove
applications for development permits when the development does not
require New Jersey Department of Environmental Protection approval.
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 or designee
in the enforcement or administration of this chapter. In passing upon
such applications, the applicable board or the Township Engineer shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
The expected heights, velocity,
duration, rate of rise, and sediment transport of the floodwater and
the effects of wave action, if applicable, expected at the site; and
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.
Upon consideration of the factors
of this section and the purposes of this chapter, the Planning Board
may attach such conditions to the granting of exceptions as it deems
necessary to further the purposes of this chapter.
The administrator shall maintain
the records of all appeal actions, including technical information,
and report any exceptions to the Federal Insurance Administration
upon request.
Generally, exceptions may be issued by the applicable board having jurisdiction 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, provided that § 171-16A(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the exception increases.
Exceptions 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 exception is
the minimum necessary to preserve the historic character and design
of the structure.
A determination that the granting of an exception 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 § 171-16 or conflict with existing local laws or ordinances.
Any applicant to whom an exception
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.