Subject to the provisions of Subsection E of this section, no person shall hereafter engage or cause other persons to engage in any development or regulated use in a flood hazard area as defined herein unless and until such person shall have applied for and received from the administrative officer (Zoning Officer) or the New Jersey Department of Environmental Protection a floodplain encroachment permit.

Where a lot, tract, or parcel is proposed for development and a portion of said lot, tract, or parcel lies within a flood hazard area, a development permit may be issued without the prior approval and issuance of a floodplain encroachment permit, provided said development does not in any way during or as a result of construction or development disturb the natural condition of or encroach upon the flood hazard area and/or result in any man-made change to the flood hazard area, including the placement therein of buildings or structures or mining, dredging, filling, grading, paving, excavation, or drilling; and provided, moreover, that said development does not require site plan, subdivision, or conditional use approval nor require the issuance of any variance. The administrative officer (Zoning Officer) may require such information prior to the issuance of the development permit and impose such conditions to assure that the development does not disturb or encroach upon the flood hazard area.

Minor uses or activities within a flood hazard area, such as but not limited to gardens, flower beds, open fences, temporary play equipment, lawn furniture or the removal of dead or diseased trees, which are accessory to and normally associated with the enjoyment of a single-family dwelling and which in the opinion of the administrative officer (Zoning Officer) do not alter or increase the flood hazard do not require a floodplain encroachment permit.

Practices within a flood hazard area that are related to a farm, such as terracing, construction of diversions, subsurface drainage, construction of grassed waterways and dug ponds, shall be designed and constructed under the supervision of the Cape Atlantic Conservation District and shall be considered a regulated use for which the issuance of a floodplain encroachment permit is required.

Review all such applications to determine that the permit requirements of this section have been satisfied.

Review all such applications to require 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 data have not been provided in accordance with Subsection B, the administrative officer (Zoning Officer) may obtain, review, and reasonably utilize other base flood elevation data available from a federal, state or other source upon approval and acceptance by the City Engineer, in order to administer this section.

Verify and record the actual elevation (in relation to mean sea level) of the lowest flood (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

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 § 215-36 are met.

Determine that the development complies with the design standards of § 215-36.

For all new or substantially improved floodproofed structures:

Maintain for public inspection all records pertaining to the provisions of this section.

Alteration of watercourses:

For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use, or a variance is required, the administrative officer (Zoning Officer) shall refer said application to the Planning Board for review and approval, approval with conditions, or denial or the floodplain encroachment permit in accordance with Subsection I.

Application fee.

Four copies of the floodplain encroachment application form and plans showing the following information:

Distribution.

Declaration of completeness of submission of additional information. Within 30 days of its submission, the administrative officer shall take action on an application for a floodplain encroachment permit. Such action may approve, deny, or declare incomplete said application or notify the applicant that the development requires approval by the Planning Board. The applicant shall be notified in writing of the action taken. If the application is incomplete, the applicant shall be notified of the additional items or information required to complete the application. Failure of the applicant to furnish such information within 20 days of being so notified will result in denial of the application. The administrative officer shall not issue a floodplain encroachment permit unless a favorable report has been issued by the City Engineer's office and any required prior approval of the Planning Board has been granted.

Any person who intends to apply for a floodplain encroachment permit hereunder, and who further intends to apply for conditional use approval for subdivision approval, for site plan approval or for any variance pursuant to N.J.S.A. 40:55D-70C, 40:55D-70d, or 40:55D-76a, shall consolidate all information required by the floodplain encroachment application to be platted with all tentative and final subdivision plats, site plans, or other such plans submitted pursuant to this chapter. Additional copies of the floodplain encroachment application form shall be submitted as required by the Board.

Where platted information has been consolidated as herein required, the Planning Board shall consider simultaneously the application for a floodplain encroachment permit and the application for subdivision, site plan, conditional use or variance approval.

Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other ordinance, except that the Planning Board may refrain from taking any action on such floodplain encroachment permit application until final subdivision, site plan, conditional use, or variance approval is granted or denied.

This subsection is in no way intended to excuse any applicant for subdivision or site plan approval from any other applicable provisions of this chapter, or any other provisions of law, but is solely intended to eliminate the necessity for dual submission.

Has low flood damage potential;

Neither obstructs flood flows nor increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses;

Does not increase significantly the rate of local runoff, erosion and sedimentation;

Does not degrade significantly the water-carrying capacity of any delineated floodway or channel;

Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters;

Does not stress unduly the environment of the floodplain;

Does not require channel modification or relocation;

Does not involve the storage of hazardous materials;

Does not require excessive fill;

Complies with the design standards of § 215-36; and

Is elevated in accordance with § 215-36E in the case of residential structures, or is elevated or floodproofed in accordance with § 215-36F in the case of nonresidential structures.