City of Trenton, NJ
Mercer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 109-12 Establishment of development permit.

A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 109-7. Application for a development permit shall be made on forms furnished by the Construction Official 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. Specifically, the following information is required:
A. 
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;
B. 
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 § 109-17B; and
D. 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 109-13 Designation of local administrator.

The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 109-14 Duties and responsibilities of administrator.

Duties of the Construction Official shall include, but not be limited to:
A. 
Permit review:
(1) 
Review all development permits to determine that the permit requirements of this chapter 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 from 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 § 109-18 are met.
(4) 
Review all development permits in the Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters the terrain or sand dunes so as to increase potential flood damage.
(5) 
Review plans for walls to be used to enclose space below the base flood level in accordance with § 109-19B(4).
B. 
Use of other base flood and floodway data: When base flood elevation and floodway data has not been provided in accordance with § 109-7, Basis for establishing areas of special flood hazard, the Construction Offical 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 § 109-17A, Residential construction, and § 109-17B, Nonresidential construction.
C. 
Information to be obtained and maintained:
(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.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in § 109-12C.
(3) 
In Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 109-19B(1) and (2)(a) and (b) are met.
(4) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses:
(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. 
Substantial damage review:
(1) 
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.
(2) 
Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.
(3) 
Ensure that substantial improvements meet the requirements of § 109-17A, Residential construction, and § 109-17B, Nonresidential construction.
F. 
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 § 109-15.

§ 109-15 Variance procedure.

A. 
Appeals Board.
(1) 
The Board of Appeals as established by City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
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 Official in the enforcement or administration of this chapter.
(3) 
Those aggrieved by the decision of the Board of Appeals, or any taxpayer, may appeal such decision to the (name of appropriate court), as provided in (statute).
(4) 
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:
(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; and
(k) 
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.
(5) 
Upon consideration of the factors of § 109-15A(4) 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.
(6) 
The Construction Official 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, providing items (a) through (k) in § 109-15A(4) have 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.
(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; and
(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, or create nuisances, cause fraud on or victimization of the public as identified in § 109-15A(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.