This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Township of Lower, Cape May County,
New Jersey.
A.
The areas of special flood hazard for the Township of Lower are identified
and defined on the following documents prepared by the federal Emergency
Management Agency:
(1)
A scientific and engineering report "Flood Insurance Study, Cape
May County, New Jersey (All Jurisdictions)," most recently adopted.
(2)
Flood Insurance Rate Map for Cape May County, New Jersey (All Jurisdictions),
as shown on Index and panel(s), most recently adopted.
(3)
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.
B.
The above documents are hereby adopted and declared to the a part
of this chapter. The Flood Insurance Study, maps and advisory documents
are on file at the Lower Township Municipal Building Construction
Office, 2600 Bayshore Road, Villas, New Jersey.
No structure or land shall hereafter be constructed, relocated, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the fines and penalties set forth in Chapter 1, Article III, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Lower 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.
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 Lower, 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.
