New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY MEADOWLANDS COMMISSION › Chapter 4 - DISTRICT ZONING REGULATIONS › Subchapter 9 - FLOOD PLAIN MANAGEMENT › Section 19:4-9.13 - Duties and responsibilities of the Chief Engineer

Current through Register Vol. 56, No. 14, July 15, 2024
(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.