Borough of Shrewsbury, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 88.
Zoning and land development — See Ch. 94.
Housing standards — See Ch. 145.
[Adopted 5-13-1975 by Ord. No. 369 (Ch. 40, Art. I, of the 1973 Code)]

§ 122-1 Purpose.

The purpose of the regulations contained herein is:
A. 
To regulate the construction of or substantial improvements to buildings and other facilities in locations and in such a manner that they would likely be damaged by floods or be washed away or cause damage to downstream properties.
B. 
To prevent encroachment of floodways which would cause damage to other properties on the watercourse by increasing the height and velocity of floods.
C. 
To prevent pollution of watercourse during floods by preventing the placing and storing of explosive, toxic or otherwise dangerous materials within the special flood hazard area.

§ 122-2 Definitions and word usage.

A. 
For the purpose of this article, certain terms and words are defined in the present tense to include the future, the singular to include the plural and the plural to include the singular.
B. 
As used herein, the following terms shall have the meanings indicated:
DEVELOPMENT
Any structure, prospective addition, substantial improvement or modification which would unduly affect the flow of waters.
ESCROW
The sum of money deposited by the applicant with the Borough of Shrewsbury to be delivered to the on the fulfillment of conditions pursuant to the provisions of this chapter.[1]
ESCROW ACCOUNT
Any fees deposited by an applicant pursuant to the provisions of this chapter and the accounting entries used to keep track of expenditures.[2]
PROFESSIONAL REVIEW COSTS
Costs for attorney, engineer, or other professional or expert retained on behalf of the Borough of Shrewsbury for the purpose of review, analysis, inspection, or preparation of documents, charged to and paid by the applicant.[3]
SPECIAL FLOOD HAZARD AREA
The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" is started when the first alteration of any structural part of the building commences.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 122-3 Establishment of special flood hazard areas.

The special flood hazard areas of the Borough of Shrewsbury are those designated as such upon a map consisting of one sheet with the following legend and identification: FIA Flood Hazard Boundary Maps, Borough of Shrewsbury, Monmouth County, New Jersey, No. HO1, Community No. 340326, dated June 7, 1974, and promulgated by the Federal Insurance Administration, United States Department of Housing and Urban Development. A copy of this map is officially on file in the offices of the Borough Clerk and is hereby incorporated by reference into this article and made a part hereof and is officially adopted by the Mayor and Council of the Borough of Shrewsbury.

§ 122-4 Regulations; permitted uses.

[Amended 4-13-1987 by Ord. No. 554]
Premises in the special flood hazard area may be used for the purposes specified for that particular zone in which they are located in accordance with all applicable local codes and ordinances, subject to the following additional restrictions:
A. 
Special use permit required. No new development shall be permitted within the special flood hazard area except upon issuance of a special use permit granted by the Construction Code Official with the approval of the Borough Engineer.
B. 
Building elevations. No building or any portion thereof shall be erected unless the first-floor elevation and all exterior openings are set at an elevation at least one foot above the one-hundred-year-flood level.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Structural anchoring. Permitted structures shall be anchored to prevent flotation, collapse or lateral movement which may result in damage or restrictions of the flow of floodwaters.
D. 
Construction methods and materials. Permitted structures shall be constructed of materials and utility equipment that are resistant to flood damage and shall be placed on the building site so as to minimize obstruction to the flow of floodwaters.
E. 
Electrical control panels. Electrical control panels in permitted structures shall be mounted above the one-hundred-year-flood level.
F. 
Water supply systems and sanitary sewerage systems. New or replacement water supply systems and sanitary sewerage systems, including on-site systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters.
G. 
Storage of materials. No materials that can float or that are toxic to humans, animals or vegetation shall be stored outside.
H. 
Raising of flood level prohibited. No use will be permitted which will raise the one-hundred-year-flood level more than 0.20 of one foot.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
I. 
Minimization of flood damage. All new subdivision and development proposals, including their utilities and drainage, shall be consistent with the need to minimize flood damage.

§ 122-5 Application procedure

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
A. 
Any person, firm or corporation desiring to erect, construct, enlarge, add to, alter, repair, improve, move, remove, substantially repair or demolish any building, structure or major addition to any building or install any prefabricated or mobile home, subdivision, utility system, water supply system or sewer system shall make written application to the Zoning Officer of the Borough of Shrewsbury and shall furnish to said Officer all data, work plans, engineering specifications or other information reasonably required to enable him to evaluate the proposal, and the Zoning Officer, with the assistance of the Borough Engineer, shall, within 15 days thereafter, make a determination whether or not a special permit shall be issued. If he shall approve the proposal, he shall issue a written special use permit to the applicant for the proposed facility, describing in general terms on the permit the facility to be constructed and its general location. If he shall disapprove the proposal, the Zoning Officer shall notify the applicant, in writing, of the rejection and shall generally state the reasons for rejection. No construction permit shall be issued by the Construction Code Official unless and until a zoning permit has first been issued by the Zoning Officer.
B. 
No permit shall be issued unless the applicant has satisfactorily demonstrated that the proposal is consistent with the need to minimize flood damage, assures full compliance with all regulations set forth herein and does not conflict with or endanger the effectiveness of the floodplain management programs of neighboring communities.

§ 122-6 Fee and deposit.

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693[1]]
The Zoning Officer shall receive from the applicant, along with the application for a permit hereunder, a fee of $50 for the review of the application and the determination thereof. Should the Zoning Officer deem it necessary for the Borough Engineer to review said application, an escrow deposit of $500 shall be made by the applicant to cover professional review costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 122-7 On-site inspection.

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
If the special use permit shall be issued, the Zoning Officer, with the assistance of the Borough Engineer, shall make an on-site inspection at least once during construction to determine whether the construction conforms to the approved plans, materials and other specifications provided by the applicant.

§ 122-8 Violations and penalties.

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
A. 
A failure to apply for a special use permit, failure to construct in accordance with data furnished to the Zoning Officer with the application or any violation hereof shall constitute a violation of this article.
B. 
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.

§ 122-9 Appeals.

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
Where a request for such special use permit is denied by the Zoning Officer, the applicant may apply for such permit or special exception directly to the Mayor and Council within 60 days after such denial. The Mayor and Council shall grant or deny such request within 60 days after the date of such application to the Mayor and Council.

§ 122-10 Governing regulations.

When the Federal Insurance Administrator has designated an area within the floodplain as having special flood hazards, the chapter of the Code of this Borough concerning land use control designed to reduce flood loss shall take precedence over any conflicting ordinances or codes of this Borough.

§ 122-11 Liability.

The grant of a special use permit or approval of a subdivision plan within the special flood hazard area shall not constitute a representation, guaranty or warranty of any kind by the Borough of Shrewsbury or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officers or employees.
[Adopted 7-9-1979 by Ord. No. 434 (Ch. 40, Art. II, of the 1973 Code)]

§ 122-12 Statutory authorization.

[Amended 9-21-2009 by Ord. No. 937]
The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Shrewsbury, Monmouth County, New Jersey does ordain as follows.

§ 122-13 Findings of fact.

A. 
The flood hazard areas of the Borough of Shrewsbury are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 122-14 Purpose.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific area by provisions designed to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
F. 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 122-15 Methods of reducing flood losses.

In order to accomplish its purposes, this article includes methods and provisions for:
A. 
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increase in erosion or in flood heights or velocities.
B. 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. 
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
D. 
Controlling filling, grading, dredging and other development which may increase flood damage.
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 122-16 Definitions.

[Amended 5-12-1986 by Ord. No. 546; 4-13-1987 by Ord. No. 554; 9-21-2009 by Ord. No. 937]
A. 
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application.
B. 
As used in this article, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the Zoning Officer's interpretation of any provision of this article or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the longest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this article that permits construction in a manner that would otherwise be prohibited by this article.

§ 122-17 Applicability.

[Amended 9-21-2009 by Ord. No. 937]
This article shall apply to all areas of special flood hazard within the jurisdiction of the Borough of Shrewsbury, Monmouth County, New Jersey.

§ 122-18 Basis for establishing areas of special flood hazard.

[Amended 5-12-1986 by Ord. No. 546; 9-21-2009 by Ord. No. 937]
A. 
The areas of special flood hazard for the Borough of Shrewsbury, Community No. 340326, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report, "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)," dated September 25, 2009.
(2) 
Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions), as shown on Index and Panel Numbers 34025C0179F, 34025C0183F, 34025C0187F, 34025C0191F, whose effective date is September 25, 2009.
B. 
The above documents are hereby adopted and declared to be a part of this ordinance. The Flood Insurance Study and maps are on file at 419 Sycamore Avenue, Shrewsbury, New Jersey 07702-7420.

§ 122-19 Violations and penalties.

[Amended 9-21-2009 by Ord. No. 937]
A. 
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
B. 
Any person, firm or corporation violating this article or failing to comply with any of its requirements shall, upon conviction, be subject to a fine of not more than $ 1,250 or a term of imprisonment or community service of not more than 90 days, or any combination thereof, for each violation. In addition, any person convicted of violation shall pay all costs and expenses involved in the case.
C. 
Nothing herein contained shall prevent the Borough of Shrewsbury from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 122-20 Abrogation and greater restrictions.

This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 122-21 Interpretation.

In the interpretation and application of this article, all provisions shall be:
A. 
Considered as minimum requirements.
B. 
Liberally construed in favor of the governing body.
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 122-22 Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Borough of Shrewsbury, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

§ 122-23 Development permit.

[Amended 5-12-1986 by Ord. No. 546; 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
A development permit shall be obtained before construction or development begins with any area of special flood hazard established in § 122-18. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but shall 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. 
The elevation, in relation to mean sea level, of the lowest floor, including the basement, of all structures.
B. 
The 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 § 122-27B(2).
D. 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 122-24 Administrator designated.

[Amended 4-13-1987 by Ord. No. 554: 7-11-1994 by Ord. No. 693]
The Zoning Officer is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.

§ 122-25 Duties and responsibilities of administrator.

[Amended 5-12-1986 by Ord. No. 546; 4-13-1987 by Ord No. 554; 7-11-1994 by Ord. No. 693]
The duties of the Zoning Officer shall include, but not be limited to:
A. 
Permit review. The Zoning Officer shall:
(1) 
Review all development permits to determine that the permit requirements of this article 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 for which prior approval is required.
(3) 
Review all development permits to determine if the proposed development is located in the floodway; if located in the floodway, assure that the encroachment provisions of § 122-27C(1) are met.
B. 
Use of other base flood data. When base flood elevations data has not been provided in accordance with § 122-18, Basis for establishing areas of special flood hazard, the Zoning 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 § 122-27B(1) and (2).
C. 
Information to be obtained and maintained. The Zoning Officer shall:
(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.
[Amended 9-21-2009 by Ord. No. 937]
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation in relation to mean sea level.
(b) 
Maintain the floodproofing certifications required in § 122-23C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this article.
(4) 
When base flood elevation and floodway data has not been provided in accordance with the article, obtain, review and reasonably utilize any base flood elevation and floodway data available from any source, in order to administer the requirements of this article.
D. 
Alteration of watercourses. The Zoning Officer shall:
[Amended 9-21-2009 by Ord. No. 937]
(1) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section 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. 
Interpretation of FIRM boundaries. The Zoning Officer shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 § 122-26.

§ 122-26 Variances.

[Amended 4-13-1987 by Ord. No. 554; 7-11-1994 by Ord. No. 693]
A. 
Appeal board.
(1) 
The Zoning Board of Adjustment, as established by the Mayor and Council of the Borough of Shrewsbury, shall hear and decide appeals and requests for variances from the requirements of this article.
(2) 
The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Zoning Officer in the enforcement or administration of this article.
(3) 
Those aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of New Jersey.
(4) 
In passing upon such applications, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article 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.
(k) 
The cost 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 § 122-26A(4) and the purposes of this article, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6) 
The Zoning Officer 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, provided that § 122-26A(4)(a) through (k) has been fully considered. As the lot size increases beyond 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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
[Amended 9-21-2009 by Ord. No. 937]
(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.
(c) 
A determination that the granting of a variance 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 § 122-26A(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.

§ 122-27 Provisions for flood hazard reduction.

[Amended 5-12-1986 by Ord. No. 546; 4-13-1987 by Ord. No. 554]
A. 
General standards. In all areas of special flood hazard, the following standards are required:
(1) 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(2) 
Construction materials and methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) 
New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) 
Subdivision proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains at least 50 lots or five acres (whichever is less).
(5) 
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[Amended 9-21-2009 by Ord. No. 937]
(a) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
B. 
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 122-18, Basis for establishing areas of special flood hazard or in § 122-25B, Use of other base flood data, the following standards are required:
[Amended 9-21-2009 by Ord. No. 937]
(1) 
Residential construction.
(a) 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated to or above base flood elevation.
(b) 
Within any AO Zone on the municipality's FIRM, all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures are required.
(2) 
Nonresidential construction.
(a) 
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; and
(b) 
Within any AO Zone on the municipality's DFIRM, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures are required or:
[1] 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
[2] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[3] 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 122-25C(2).
(3) 
Manufactured homes.
(a) 
Manufactured homes shall be anchored in accordance with § 122-27A(1)(b).
(b) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
C. 
Floodways. Located within areas of special flood hazard established in § 122-18 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
[Amended 9-21-2009 by Ord. No. 937]
(1) 
Prohibited encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) 
If § 122-27C(1) is satisfied, all new construction and substantial improvements must comply with § 122-27.
(3) 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.