A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 126-7. Application for a development permit shall be made to the Construction Code Official on forms furnished by him/her and may include, but not be limited to, the following plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question and existing or proposed structures, fill, storage or materials and drainage facilities and the location of the foregoing. Specifically, the following information is required:
Elevation in relation to mean sea level of the lowest floor, including basement, of all structures.
Elevation in relation to mean sea level to which any structure has been floodproofed.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Construction Code Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
The duties of the Construction Code Official shall include, but not to be limited to:
Review of all development permits to determine that the permit requirements of this chapter have been satisfied.
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.
Review all development permits to determine if the proposed development is located in the floodway.
Review plans for walls to be used to enclose space below the base flood level in accordance with § 126-19B(4).
Review all development permits in the coastal high-hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.
Use of other base flood data and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 126-7. Basis for establishing areas of special flood hazard, the Construction Code Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other source in order to administer § 126-18A, Specific standards, Residential construction, and § 126-18B, Specific standards, Nonresidential construction.
Information to be obtained and maintained.
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new or substantially improved structures and whether or not that structure contains a basement.
Maintain for public inspection all records pertaining to the provisions of this chapter.
Alterations of watercourses.
Notify adjacent communities and the New Jersey Department of Environmental Protection, Flood Plain Management 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.
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: make interpretations, where needed, as to the exact location 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 § 126-15.
The Board of Appeals as established by the Borough of Bay Head shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Construction Code Official in the enforcement or administration of this chapter.
Those aggrieved by the decision of the Board of Appeals, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in the law.
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
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 listed above and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Construction Code Official shall maintain the records of all appeal actions 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, providing items within § 126-15D(1)(a) to (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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public as identified in § 126-15D 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.