The Board of Adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Floodplain Manager in the enforcement or administration
of this chapter.
Those aggrieved by the decision of the Board of Adjustment, or any
taxpayer, may appeal such decision to the Superior Court of New Jersey,
as provided in New Jersey Statute.
In passing upon such applications, the Board of Adjustment 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; and
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 § 270-31D and the purposes of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Floodplain Manager shall maintain the records of all appeal actions,
including technical information, the justification for their issuance,
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 in § 270-31D(1) through (11) 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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 270-31D, 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.