This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Lavallette, Ocean County,
New Jersey.
A.Â
The
areas of special flood hazard for the Borough of Lavallette, Community
No. 340379, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)Â
A scientific and engineering report, "Flood Insurance Study, Ocean
County, New Jersey (All Jurisdictions)," dated September 29, 2006.
(2)Â
Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions)
as shown on Index and Panel Number(s) 0327, 0329, 0331 whose effective
date is September 29, 2006.
(3)Â
Best available flood hazard data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or base flood elevation conflict
or overlap with the best available flood hazard data, whichever imposes
the more stringent requirement shall prevail.
[Amended 7-22-2013 by Ord. No. 2013-08 (1123)]
B.Â
The
above documents are hereby adopted and declared to be part of this
chapter. The Flood Insurance Study and maps are on file at Borough
Hall, 1306 Grand Central Avenue, Lavallette, New Jersey 08735.
[Amended 7-22-2013 by Ord. No. 2013-08 (1123)]
No structure or land shall hereafter be constructed, relocated,
extended, converted or structurally altered without full compliance
with the terms of this chapter and other applicable regulations. Any
person violating or failing to comply with any of the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, by imprisonment for a term not to exceed
90 days, or any community service of not more than 90 days, or any
combination of fine, imprisonment and community service as determined
in the discretion of the Municipal Court Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. Nothing herein contained shall prevent the Borough of Lavallette
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 another 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:
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 areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Borough of Lavallette or 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.