The planning board 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 planning board shall include but not be limited to the following;
a. Review of Applications for Development Permits.
1. Review all applications for Development Permits to determine that the requirements of this chapter have been met.
2. Review all applications for Development Permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval may be required, provided that conditional approvals may be granted in accordance with the provisions of section 18-21.
3. Review all applications for Development Permits to determine if the proposed development, project or work is located in the floodway. If so located, the planning board shall assure that the encroachment provisions of section 18-17c are met.
b. Use of Other Base Flood Data
When base flood elevation and floodway data has not been provided in accordance with Section 18-7, the planning board 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 sections 18-17b1 and 18-17b2.
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 improved structures, and whether or not the structure contains a basement.
2. For all new or improved flood-proofed structures: verify and record the actual elevation (in relation to mean sea level); and maintain the flood-proofing certifications required in section 18-17b2.
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
d. Alteration of Watercourses.
1. Notify affected 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 Emergency Management Agency.
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 interpretation 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 section 18-22.
The planning board shall hear and decide requests for exceptions from the requirements of this chapter.
In passing upon such applications, the planning board 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 proposed use which are not subject to flooding or erosion damages;
g. the compatibility of the proposed use with existing and anticipated development;
h. the relationship of the proposed use to the comprehensive plan and flood plain 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 flood waters 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.
Upon consideration of the above-mentioned factors and the purposes of this chapter, the planning board may attach such conditions to the granting of an exception as it may deem necessary to further the purposes of this chapter.
The planning board shall maintain the records of all requests for exceptions, including technical information, and shall report any exceptions granted to the Federal insurance Administration upon request.
a. Generally, exceptions may be granted for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the factors enumerated in section 18-15 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for granting an exception increases.
b. Exceptions 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 exception is the minimum necessary to preserve the historic character and design of the structure.
c. Exceptions shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. An exception shall only be granted upon a determination that the exception is the minimum necessary, considering the flood hazard, to afford relief.
e. Exceptions shall only be granted upon:
1. a showing of good and sufficient cause;
2. a determination that failure to grant the exception would result in exceptional hardship to the applicant; and
3. a determination that the granting of an exception 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 Section 18-15, or conflict with existing local laws or ordinances.
f. Any applicant to whom an exception 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.
a. General Standards.
In all areas of special flood hazard the following standards are required:
1. Anchoring.
All new construction and structural improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
There are presently no existing mobile homes within the Township of Mendham and mobile homes are not a permitted use under Chapter XXI, Zoning Regulations. Should Chapter XXI ever be revised to permit mobile homes, this Chapter XVIII will be amended to comply with Section 19-10.3(b) (8) of Subchapter B of Chapter 10 of Title 24 of the Code of Federal Regulations relative to such structures.
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring shall include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local requirements for resisting wind forces.
2. Construction materials and methods.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Utilities.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. Subdivision, site plan and conditional use proposals.
The proposed development shall be consistent with the need to minimize flood damage;
The proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
The proposed development shall have adequate drainage provided to reduce exposure to flood damage; and
Base flood elevation data shall be provided for any proposed development which contains at least 10 lots or 5 acres, whichever is less.
5. Enclosure Openings.
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
In all areas of special flood hazard where base flood elevation data have been provided as set forth in Section 18-7 Basis For Establishing the Areas of Special Flood Hazard, the following standards are required:
1. Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, one foot above base flood elevation.
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
2. Nonresidential construction
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or
(a) be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certifications shall be provided to the planning board as set forth in section 18-14c.
c. Floodways.
Located within the areas of special flood hazard established in section 18-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following standards apply:
Encroachments, including fill, new construction, substantial improvements and other development shall be prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, in which case all new construction and substantial improvements shall comply with all applicable flood hazard provisions of this section 18-17.
Notwithstanding the provisions of this chapter, the following New Jersey statutory provisions shall apply to applications for Development Permits:
a. No structure within an area which would be inundated by the 100-year design flood of any nondelineated stream shall be erected, altered, rebuilt or renewed by any person without the approval of the New Jersey Department of Environmental Protection and without complying with such conditions as the Department may prescribe for preserving such area and providing for the flow of water therein to safeguard the public against danger from waters impounded or affected by such structure or alteration.
b. No application for development as defined in the Municipal Land Use Law, R.S. 40:55D-3 through 7, for a structure within an area which would be inundated by the 100-year design flood of any nondelineated stream or for a change in land use within a delineated floodway or any State-administered and delineated flood fringe area, when such change would require Departmental approval, may be granted by any municipality to any person without application to and approval by the New Jersey Department of Environmental Protection pursuant to the Flood Hazard Area Control Act, R.S. 58:16A-50 and following.
The planning board shall grant or deny a Development Permit within 45 days of the submission of a complete application to the secretary of the planning board or within such further time as may be consented to by the applicant, provided, however, that whenever a Development Permit is requested for purposes of a subdivision, site plan or conditional use approval the planning board shall grant or deny a Development Permit within 95 days or within such further time as may be consented to by the applicant.
The planning board shall hold a hearing on each application for a Development Permit requested for purposes of a major subdivision, site plan or conditional use approval.
Notice of hearings, hearings and decisions shall meet the requirements set forth in Chapter XIII, LAND USE PROCEDURES AND FEES.
In the event that the project, development or work proposed by the applicant for a Development Permit requires approval by a governmental agency other than the planning board, the planning board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided, however, that the planning board shall make a decision on any application for a Development Permit within the time period provided in section 18-19 or within an extension of such period as has been agreed to by the applicant unless the planning board is prevented or relieved from so acting by operation of law.
Any interested person may take an appeal to the township committee with respect to
a. any FIRM boundary line interpretation made by the planning board pursuant to section 18-14e;
b. any finding of the planning board pursuant to section 18-14b; or
c. any final decision of the planning board on any application for a Development Permit.
Any such appeal shall be made and acted upon in accordance with the provisions of Chapter XIII, LAND USE PROCEDURES AND FEES.
This right of appeal shall not restrict the right of any interested person to obtain a review by any court of competent jurisdiction according to law.
