[Ord. #2526, 7-11-2023, adopted]
The Township Engineer is designated
the Floodplain Administrator. The Floodplain Administrator shall have
the authority to delegate performance of certain duties to other employees.
[Ord. #2526, 7-11-2023, adopted]
The Floodplain Administrator is authorized
and directed to administer the provisions of these regulations. The
Floodplain Administrator shall have the authority to render interpretations
of these regulations consistent with the intent and purpose of these
regulations and to establish policies and procedures in order to clarify
the application of its provisions. Such interpretations, policies
and procedures shall be consistent with the intent and purpose of
these regulations and the flood provisions of the Building Code and
shall not have the effect of waiving specific requirements without
the granting of a variance pursuant to § 25-7 of these regulations.
[Ord. #2526, 7-11-2023, adopted]
The Floodplain Administrator shall
coordinate with the Construction Official to administer and enforce
the flood provisions of the Uniform Construction Code.
[Ord. #2526, 7-11-2023, adopted]
The duties of the Floodplain Administrator
shall include but are not limited to:
a.
Review all permit applications to determine
whether proposed development is located in flood hazard areas established
in § 25-2 of these regulations.
b.
Require development in flood hazard areas
to be reasonably safe from flooding and to be designed and constructed
with methods, practices and materials that minimize flood damage.
c.
Interpret flood hazard area boundaries
and provide available flood elevation and flood hazard information.
d.
Determine whether additional flood hazard
data shall be obtained or developed.
e.
Review required certifications and documentation
specified by these regulations and the Building Code to determine
that such certifications and documentations are complete.
f.
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 25-3.14 of these regulations.
g.
Coordinate with the Construction Official
and others to identify and investigate damaged buildings located in
flood hazard areas and inform owners of the requirement to obtain
permits for repairs.
h.
Review requests submitted to the Construction
Official seeking approval to modify the strict application of the
flood load and flood-resistant construction requirements of the Uniform
Construction Code to determine whether such requests require consideration
as a variance pursuant to § 25-7 of these regulations.
i.
Require applicants who submit hydrologic
and hydraulic engineering analyses to support permit applications
to submit to FEMA the data and information necessary to maintain the
Flood Insurance Rate Maps when the analyses propose to change base
flood elevations, flood hazard area boundaries, or floodway designations;
such submissions shall be made within six months of such data becoming
available.
j.
Require applicants who propose alteration
of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau
of Flood Engineering, and to submit copies of such notifications to
the Federal Emergency Management Agency (FEMA).
k.
Inspect development in accordance with
§ 25-6 of these regulations and inspect flood hazard areas to
determine if development is undertaken without issuance of permits.
l.
Prepare comments and recommendations for
consideration when applicants seek variances in accordance with §
25-7 of these regulations.
m.
Cite violations in accordance with §
25-8 of these regulations.
n.
Notify the Federal Emergency Management
Agency when the corporate boundaries of the Township of Bernards have
been modified.
[Ord. #2526, 7-11-2023, adopted]
The Floodplain Administrator and
the applicant shall not use changed flood hazard area boundaries or
base flood elevations for proposed buildings or developments unless
the Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
[Ord. #2526, 7-11-2023, adopted]
It shall be the responsibility of
the Floodplain Administrator to assure that approval of a proposed
development shall not be given until proof that necessary permits
have been granted by federal or state agencies having jurisdiction
over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C. AA 1344.
[Ord. #2526, 7-11-2023, adopted]
a.
If design flood elevations are not specified,
the Floodplain Administrator is authorized to require the applicant
to:
1.
Obtain, review, and reasonably utilize
data available from a federal, state, or other source; or
2.
Determine the design flood elevation in
accordance with accepted hydrologic and hydraulic engineering techniques.
Such analyses shall be performed and sealed by a licensed professional
engineer. Studies, analyses, and computations shall be submitted in
sufficient detail to allow review and approval by the Floodplain Administrator.
The accuracy of data submitted for such determination shall be the
responsibility of the applicant.
b.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologes for determining flood hazard areas and design elevations described in §§ 25-2.2 and 25-2.3 respectively. This information shall be provided to the Construction Official and documented according to § 25-3.15.
[Ord. #2526, 7-11-2023, adopted]
Base flood elevations may increase
or decrease resulting from natural changes (e.g., erosion, accretion,
channel migration, subsidence, uplift) or man-made physical changes
(e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with 44 CFR 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
[Ord. #2526, 7-11-2023, adopted]
In riverine flood hazard areas where
design flood elevations are specified but floodways have not been
designated, the Floodplain Administrator shall not permit any new
construction, substantial improvement or other development, including
the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 foot at
any point within the community.
[Ord. #2526, 7-11-2023, adopted]
a.
Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land-disturbing activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
b.
Floodway revisions. A floodway encroachment
that increases the level of the base flood is authorized if the applicant
has applied for a conditional letter of map revision (CLOMR) to the
Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
[Ord. #2526, 7-11-2023, adopted]
a.
Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
b.
Engineering analysis. The Floodplain Administrator
shall require submission of an engineering analysis prepared by a
licensed professional engineer, demonstrating that the flood-carrying
capacity of the altered or relocated portion of the watercourse will
be maintained, neither increased nor decreased. Such watercourses
shall be maintained in a manner that preserves the channel's flood-carrying
capacity.
[Ord. #2526, 7-11-2023, adopted]
The excavation or alteration of sand
dunes is governed by the New Jersey Coastal Zone Management (CZM)
Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
[Ord. #2526, 7-11-2023, adopted]
All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this chapter unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other floodplain development provisions of this chapter. The width
of the riparian zone can range between 50 and 300 feet and is determined
by the attributes of the water body and designated in the New Jersey
Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the
riparian zone located outside of a regulated water is measured landward
from the top of bank. Applicants can request a verification of the
riparian zone limits or a permit applicability determination to determine
state permit requirements under N.J.A.C. 7:13 from the NJDEP Division
of Land Resource Protection.
[Ord. #2526, 7-11-2023, adopted]
When buildings and structures are
damaged due to any cause, including but not limited to man-made, structural,
electrical, mechanical, or natural hazard events, or are determined
to be unsafe as described in N.J.A.C. 5:23; and for applications for
building permits to improve buildings and structures, including alterations,
movement, repair, additions, rehabilitations, renovations, ordinary
maintenance and minor work, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the
Construction Official, shall:
a.
Estimate the market value, or require the
applicant to obtain a professional appraisal prepared by a qualified
independent appraiser, of the market value of the building or structure
before the start of construction of the proposed work; in the case
of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs
are made.
b.
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 25-1.5, performed in the floodplain regulated by this chapter in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
c.
Compare the cost to perform the improvement,
the cost to repair the damaged building to its pre-damaged condition,
or the combined costs of improvements and repairs, where applicable,
to the market value of the building or structure.
d.
Determine and document whether the proposed
work constitutes substantial improvement or repair of substantial
damage.
e.
Notify the applicant in writing when it
is determined that the work constitutes substantial improvement or
repair of substantial damage and that compliance with the flood-resistant
construction requirements of the Building Code is required and notify
the applicant when it is determined that work does not constitute
substantial improvement or repair of substantial damage. The Floodplain
Administrator shall also provide all letters documenting substantial
damage and compliance with flood-resistant construction requirements
of the Building Code to the NJDEP Bureau of Flood Engineering.
[Ord. #2526, 7-11-2023, adopted]
In addition to the requirements of
the Building Code and these regulations, and regardless of any limitation
on the period required for retention of public records, the Floodplain
Administrator shall maintain and permanently keep and make available
for public inspection all records that are necessary for the administration
of these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations, including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
[Ord. #2526, 7-11-2023, adopted]
The Floodplain Administrator and
any employee charged with the enforcement of these regulations, while
acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by these regulations or other pertinent
law or ordinance, shall not thereby be rendered liable personally
and is hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act
or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that
officer or employee in the lawful discharge of duties and under the
provisions of these regulations shall be defended by legal representative
of the jurisdiction until the final termination of the proceedings.
The Floodplain Administrator and any subordinate shall not be liable
for cost in any action, suit or proceeding that is instituted in pursuance
of the provisions of these regulations.
