Title XII, Flood Damage Prevention, was amended in entirety 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020. Prior history includes Ord. No. 6S+FA(S-1), 6-1-2007. Amendments noted where applicable.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
This Title shall establish and maintain a local development permitting system to determine whether such proposed construction or other is reasonably safe from flooding. A local development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Section 12:2-3 of this Title. Application for a development permit shall be made on forms provided by the Flood Control Compliance Officer 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; a description of the flood design class, and the location of the foregoing. The permit shall be issued by the appropriate board or Central Permit Officer of the City of Newark only upon the certification of the Flood Control Compliance Officer that all the requirements of this Title have been satisfied.
b. 
Specially, the following information is required for consideration by the appropriate review board or office:
1. 
Elevation in relation to zero foot elevation NAVD 88 datum, of the lowest floor (including basement) of all structures.
2. 
Elevation in relation to zero foot elevation NAVD 88 datum to which any structure has been floodproofed.
3. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 12:4-6b.
4. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
5. 
Any forms, plans, or information required pursuant to any applicable FEMA publication.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
Duties of the Director of Engineering as Flood Control Compliance Officer shall include, but not be limited to:
a. 
Review all development permits to determine that the permit requirements of this Title have been satisfied.
b. 
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.
c. 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, ensure that the encroachment provisions of Section 12:4-5 are met.
d. 
Review all permit applications to determine whether proposed building sites are reasonably safe from flooding.
e. 
Review all permit applications to determine whether development complies with all applicable FEMA Publications.
f. 
Review all permit applications to determine whether development complies with all applicable New Jersey Land Use requirements.
g. 
Review all development permits in the Coastal A Zone area to determine if the proposed development alters natural coastal protections so as to increase potential flood damage.
h. 
Review plans for walls to be used to enclose space below the base flood level in accordance with Section 12:5-4.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
When base flood elevation and floodway data has not been provided in accordance with Section 12:2-3, Basis for Establishing the Areas of Special Flood Hazard, the Flood Control Compliance Officer 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 12:4-6.1, Specific Standards Residential Construction, and Section 12:4-6.2, Specific Standards, Nonresidential Construction.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
The Flood Control Compliance Officer shall:
a. 
Obtain from the applicant and record on a current Elevation Certificate the actual elevation (in relation to zero foot elevation NAVD 88 datum) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. 
For all new or substantially improved floodproofed structures:
1. 
Verify and record on a Floodproofing Certificate the actual elevation (in relation to zero foot elevation NAVD 88 datum); and
2. 
Maintain the floodproofing certifications required in Section 12:3-1; in coastal high hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Section 12:5-1 and Section 12:5-2a and b are met.
3. 
Record the study date of the Best Available Flood Hazard Data (and other documents) used to determine the actual elevation of the lowest floor (including basement) of all new or substantially improved structures; and
4. 
Maintain for public inspection all records pertaining to the provisions of this Title.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
The Flood Control Compliance Officer shall:
a. 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Engineering 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.
b. 
Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes.
b. 
Record and maintain the flood and non-flood 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 Engineering.
c. 
Ensure substantial improvements meet the requirements of sections 12:4-6.1, Specific Standards, Residential Construction, 12:4-6.2, Specific Standards, Nonresidential Construction, and 12:4-7, Specific Standards, Manufactured Homes.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
The Flood Control Compliance Officer shall make interpretations where needed, as to exact locations 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 Section 12:3-10.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
Obtain and record changes in flooding conditions and report the technical or scientific data to the Federal Insurance Administrator on a six-month basis or sooner in accordance with Volume 44 Code of Federal Regulations Section 65.3.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
The "Flood Hazard Variance Control Board" shall consist of all members appointed to serve on the Uniform Construction Code Appeals Board [Construction Board of Appeals] as established by the Municipal Council of the City of Newark under ordinances. This Board shall hear and decide appeals and requests for variances from the requirements of this Title.
b. 
The Flood Hazard Variance Control Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination, made by the Flood Control Compliance Officer in the enforcement or administration of this Title.
c. 
Any person aggrieved by the decision of the Flood Hazard Variance Control Board, or any taxpayer, may appeal the Board's decision before a court of competent jurisdiction.
d. 
In passing upon such applications, the Flood Hazard Variance Control Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Title, and:
1. 
The danger that materials may be swept onto other lands to the injury of others;
2. 
The danger to life and property due to flooding or erosion damage;
3. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. 
The importance of the services provided by the proposed facility to the community;
5. 
The necessity to the facility of a waterfront location, where applicable;
6. 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;
9. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. 
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.
e. 
Upon consideration of the above factors and the purposes of this Title, the Flood Hazard Variance Control Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Title.
f. 
The Flood Control Compliance Officer shall maintain the records of all appeal actions, including technical information, the justification for their issuance, and report any variances to the Federal Insurance Administration upon request.
CROSS REFERENCE: For Construction Board of Appeals, see editor's note Title VII of these Revised General Ordinances, Chapter 3, Section 7:3.
[Amended 3-24-2020 by Ord. No. 6PSF-A, 03-24-2020]
a. 
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 in Section 12:3-10d, paragraphs 1 through 11 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
b. 
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.
c. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. 
Variances shall only be issued, upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. 
Variances shall only be issued upon:
1. 
A showing of good and sufficient cause;
2. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 
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 Section 12:3-10d, or conflict with existing local laws or ordinances.
f. 
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 be commensurate with the increased risk resulting from the reduced lowest floor elevation.