[Amended 4-18-2018 by Ord. No. B-18]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the City of Hoboken, Hudson County, New
Jersey, with the exception of areas within the "X" or "shaded X" zones.
A.
The areas of special flood hazard for the City of Hoboken, Community
No. 340222, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(1)
A scientific and engineering report "Flood Insurance Study, Hudson
County, New Jersey (All Jurisdictions)," dated August 16, 2006.
(2)
Flood Insurance Rate Map for Hudson County, New Jersey (All Jurisdictions),
as shown on Index and Panel Numbers 0043, 0044, 0106, and 0107, whose
effective date is August 16,2006.
(3)
Advisory base flood elevations and Advisory Flood Hazard Maps whose
effective date is February 22, 2013. 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.
B.
The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and maps are on file at
the office of the Floodplain Administrator at City Hall, 94 Washington
Street, Hoboken, NJ 07030.
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. 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 falls to comply with any of its requirements
shall, upon conviction thereof, be fined $2,000 or imprisoned for
not more than 30 days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the City of Hoboken 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:
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 areas of special
flood hazard 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 City of
Hoboken, 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.