Long Hill Township City Zoning Code
§ LU-143.15
Procedure for Exceptions and Appeal.
[Ord. No. 90-01 § 2]
a.
The Planning Board shall hear and decide requests for exceptions from the requirements of this section.
b.
The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by any Township officer in the enforcement or administration of this section.
c.
Application and filing requisites for exceptions and appeals under this section, time limitations, hearings and other procedural requirements shall be governed by the applicable provisions of this Ordinance and the Municipal Land Use Law.
d.
In passing upon such applications, the Planning Board shall consider all technical evaluations, relevant factors and standards specified in this section and consider:
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 on 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, not subject to flooding or erosion damage, for the proposed use.
7.
The compatibility of the proposed use with existing and anticipated development.
8.
The relationship of the proposed use to the Township Master Plan and floodplain management program for 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 floodwaters and the effects of wave action, if applicable, expected at the site.
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.
e.
Upon consideration of the factors listed above and the purposes of this section, the Planning Board may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this section.
f.
The Secretary of the Planning Board shall maintain respective records of all exception applications under this section and shall report any exceptions to the Federal Insurance Administration upon request.
g.
An appeal from any final decision of the approving authority may be taken only to the Superior Court of New Jersey, pursuant to law.