A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 87-6. Application for a development permit shall be made on forms furnished by the Township Engineer 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 and drainage facilities; and the location of the foregoing.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 87-16B; and
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
The Township Engineer is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
Reviewing all development permits to determine that all necessary
permits have been obtained from those federal, state and local governmental
agencies from which prior approval is required.
Reviewing 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 § 87-17A are met.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 87-6, Basis for establishing areas of special flood hazard, the Township Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources, in order to administer § 87-16A, Specific standards, Residential construction, and § 87-16B, Specific standards, Nonresidential construction.
The Township Engineer shall 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.
The Township Engineer shall notify adjacent communities and the New
Jersey State Department of Environmental Protection, Bureau of Dam
Safety and 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.
The Township Engineer shall require that maintenance is provided
within the altered or relocated portion of said watercourse so that
the flood-carrying capacity is not diminished.
Interpretation of FIRM boundaries. The Township Engineer 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 boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 87-14.
The Planning Board as established by the Township of Cranbury shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
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 in the enforcement or administration of this
chapter.
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:
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.
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 Subsection A(4) and 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.
The Township Engineer shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration upon request.
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 the items in Subsection A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
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.
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 Subsection A(4); or conflict with existing local laws or ordinances.
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.