This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Township of Toms River, Ocean County, New Jersey.
A. 
The areas of special flood hazard for the Township of Toms River, Community No. 345293, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report "Flood Insurance Study, Ocean County, New Jersey (All Jurisdictions)," dated September 29, 2006.
(2) 
Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions) as shown on Index and Panel Nos. 34029C0167F, 34029C0169F, 34029C0186F, 34029C0187F, 34029C0188F, 34029C0189F, 34029C0191F, 34029C0193F, 34029C0194F, 34029C0213F, 34029C0214F, 34029C0218F, 34029C0282F, 34029C0301F, 34029C0302F, 34029C0303F, 34029C0304F, 34029C0306F, 34029C0307F, 34029C0308F, 34029C0309F, 34029C0326F, 34029C0327F, 34029C0328F, 34029C0329F, 34029C0331F; the effective date of which is September 29, 2006.
(3) 
Advisory Base Flood Elevations and Advisory Flood Hazard Maps dated December 12, 2012. These documents shall take precedence over previous panels and FIS in construction and development regulations only. Where the special flood hazard area (SFHA) and the advisory flood hazard area (AFHA) maps conflict or overlap, whichever imposes the more stringent requirement shall prevail.
(4) 
Panels Lakewood SE, Point Pleasant SE, Point Pleasant SW, Seaside Park NE, Seaside Park NW, Seaside Park SW, Toms River NE, Toms River NW publication date December 12, 2012; and Toms River SE publication date January 2, 2013.
B. 
The above documents and all supplemental flood insurance rate maps and other documents utilized by FEMA for Ocean County, New Jersey, are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study, maps and advisory documents are on file at 33 Washington Street, Toms River, New Jersey.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any person, partnership, limited-liability company, corporation, or other entity who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall be amended from time to time. Each and every day a violation of this chapter shall exist shall constitute a separate violation. Nothing herein contained shall prevent the Township of Toms River from taking such other lawful action as is necessary to prevent or remedy any violation.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
A. 
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Township of Toms River, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.