A.
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 § 89-7 of this chapter. 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: drainage facilities; and the location of the foregoing. A filing fee shall accompany the application in the amount of $50.
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 method for any nonresidential structure meet the floodproofing criteria set forth in § 89-24B of this chapter.
(4)
A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
The Construction Official is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
The Construction Official is responsible for:
A.
Reviewing all development permits to determine that the permit requirements
of this chapter have been satisfied.
B.
Reviewing 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.
When base flood elevation and floodway data has not been provided in accordance with § 89-7 of this chapter, Basis for establishing the areas of special flood hazard, the Construction Official 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 § 89-24A, Specific standards, residential construction, and § 89-24B, Specific standards, nonresidential construction.
The Construction Official shall:
A.
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 the structure contains a basement.
C.
Maintain for public inspection all records pertaining to the provisions
of this chapter.
The Construction Official shall:
A.
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.
B.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
The Construction Official shall:
A.
After an event resulting in building damages, assess the damage to
structures due to flood and nonflood causes.
B.
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.
The Construction Official shall 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 § 89-21 and § 89-22 of this chapter.
A.
The Planning Board, as established by the City of Hackensack, shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
B.
The Planning Board 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.
C.
Those aggrieved by the decision of the Planning Board or any taxpayer
may appeal such decisions to the Superior Court of New Jersey, as
provided by New Jersey Statutes.
D.
In passing upon such applications, the Planning Board shall consider
all technical evaluations, the standards specified in other sections
of this chapter and all relevant factors including:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility
to the community.
(5)
The necessity to the facility of a waterfront location, where applicable.
(6)
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area.
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(10)
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.
(11)
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.
E.
Upon consideration of the factors of § 89-21D and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
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.
A.
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 Subsections D(1) through (11) of § 89-21 of this chapter have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon 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.
C.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
D.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
E.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant.
(3)
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 § 89-21D or conflict with existing local laws or ordinances.
F.
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.
