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 § 22-7. Application for a development permit shall be made on forms furnished by the Municipal 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, 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 § 22-17B; and
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
The Municipal Engineer is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
Duties of the Municipal Engineer 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.
B.
Use of
other base flood and floodway data.
When base flood elevation and floodway data has not been provided in accordance with § 22-7, Basis for establishing areas of special flood hazard, the Municipal Engineer 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 § 22-17A, Residential construction, and § 22-17B, 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.
(3)
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, Bureau of 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.
(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, Bureau
of Flood Control.
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 § 22-15.
A.
Appeal
board.
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
The
Consolidated Land Use Board of Mansfield Township as established by
Township Committee shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2)
The
Consolidated Land Use Board of Mansfield Township shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the Municipal Engineer in the enforcement
or administration of this chapter.
(3)
Those
aggrieved by the decision of the Consolidated Land Use Board of Mansfield
Township, or any taxpayer, may appeal such decision to the Mansfield
Township Municipal Court as provided in 44 CFR 67.11.
(4)
In
passing upon such applications, the Consolidated Land Use Board of
Mansfield Township 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 § 22-15A(4) and the purposes of this chapter, the Consolidated Land Use Board of Mansfield Township may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
The
Municipal Engineer 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 § 22-15A(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.
(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 a 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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 22-15A(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.