N.J. Admin. Code § 19:4-9.14

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:4-9.14 - Variances from floodplain management regulations

(a) In cases in which there is exceptional hardship in carrying out the literal provision of this chapter, whether because of conflicting requirements or otherwise, the Board of Commissioners may authorize a variance from such provision. In passing upon requests for variances, the Board of Commissioners shall consider all technical evaluations; all relevant factors and standards specified in other sections of this chapter; and the following:

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 to 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 that 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 flood waters and the effects of wave action, if applicable, expected at the site; and

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.

(b) The procedure to be followed in an application for a variance from this chapter shall be the same as the procedure specified in N.J.A.C. 19:4-4.1 4.

(c) Any appeal of a variance recommendation shall be in accordance with N.J.A.C. 19:4-4.19.

N.J. Admin. Code § 19:4-9.14

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