A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 164-7. Application for a development permit shall be made on forms furnished by the Borough of Netcong, New Jersey, 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, drainage facilities; and the location of the foregoing.
B.
Specifically, the following information is required:
(1)
Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures;
(2)
Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 164-17B; and
(4)
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
The Mayor 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 Mayor 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 the
necessary permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
B.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with § 164-7, Basis for establishing areas of special flood hazard, then the Mayor 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 § 164-17A, Specific standards, residential construction, and § 164-17B, Specific standards, nonresidential construction.
[Amended 4-14-1987]
C.
Information to be obtained and maintained.
(1)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest habitable floor, including basement, of all
new or substantially improved structures and whether or not the structure
contains a basement.
(2)
For all new 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 § 164-12B(3).
(c)
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 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 that the flood-carrying capacity
is not diminished.
E.
Interpretation of FIRM boundaries. 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 § 164-15.
A.
Appeal board.
(1)
The Council as established by the Borough of Netcong
shall hear and decide appeals and requests for variances from the requirements
of this chapter.
(2)
The Council of the Borough of Netcong shall hear and
decide appeals when it is alleged there is an error in any requirement, decision
or determination made by the Council of the Borough of Netcong in the enforcement
or administration of this chapter.
(3)
Those aggrieved by the decision of the Mayor or any taxpayer
may appeal such decision to the Council of the Borough of Netcong as provided
in this chapter.
(4)
In passing upon such applications, the Council of the
Borough of Netcong 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 Subsection A(4) and the purposes of this chapter, the Council of the Borough of Netcong may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The Council of the Borough of Netcong 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 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 using the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
(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, 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.
(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.
