N.J. Admin. Code § 19:4-9.13

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:4-9.13 - Duties and responsibilities of the Chief Engineer

(a) The Chief Engineer shall administer the provisions of this subchapter in the manner set forth in this section. In furtherance of such authority, the Chief Engineer shall undertake such actions as he or she deems appropriate, including, but not be limited to, the following:

1. Maintain permanent and current records with respect to this section, including amendments thereto;

2. Review and approve or disapprove all development permits after determining that the requirements of this regulation have or have not been satisfied;

3. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard.

i. If it is determined that there is no adverse effect, then the permit shall be granted, consistent with the provisions of this section.

ii. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit; if such mitigation cannot be accomplished, the permit shall be denied;

4. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of N.J.A.C. 19:4-9.27(a)1are met.

5. Maintain for public inspection, all records pertaining to development permits, including: obtaining and recording 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; verifying and recording the actual elevation (in relation to mean sea level) and maintaining flood proofing certifications for all new or substantially improved flood proofed structures;

6. Notify adjacent municipalities 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 FIA; require that maintenance is provided within the altered or relocated portion of said watercourse, so that the flood carrying capacity is not diminished;

7. When base flood elevation data has not been provided in accordance with N.J.A.C. 19:4-9.5, Basis for establishing the areas of special flood hazard, the Chief 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 N.J.A.C. 19:4-9; and

8. 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 19:4-4.1 9.

9. The Chief Engineer, in coordination with the municipal code enforcement official, shall perform substantial damage review as follows:

i. After an event resulting in building damage, assess the damage to structures due to flood and non-flood causes;

ii. Record and maintain the flood and non-flood damage of substantial damage structures and provide a letter of Substantial Damage Determination to the property owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control; and

iii. Ensure that the substantial improvements meet the requirements of N.J.A.C. 19:4-9.20.

N.J. Admin. Code § 19:4-9.13

Amended by 51 N.J.R. 1368(a), effective 8/19/2019