This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Wildwood Crest, County of
Cape May, New Jersey.
[Amended 8-16-2017 by Ord. No. 1258-2017]
The areas of special flood hazard for the Borough of Wildwood
Crest, Community No. 345330, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
A. A scientific and engineering report "Flood Insurance Study, Cape
May County, New Jersey (All Jurisdictions)" dated October 5, 2017.
B. Flood Insurance Rate Map for Cape May County, New Jersey (All Jurisdictions)
as shown on Index and panel(s) 34009C0301F, 34009C0302F, 34009C0303F,
34009C0304F, whose effective date is October 5, 2017.
C. 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 Advisory Base Flood Elevation
conflict or overlap, whichever imposes the more stringent requirement
shall prevail.
The above documents are hereby adopted and declared to be a
part of this ordinance. The Flood Insurance Study, maps and advisory
documents are on file at the Borough Clerk's Office, Borough
Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey.
No structure or land shall hereafter be constructed, relocated
to, extended, converted, or altered without full compliance with the
terms of this ordinance and other applicable regulations. Violation
of the provisions of this ordinance 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 ordinance or fails to comply with any
of its requirements shall upon conviction thereof be fined not more
than $1,500 or imprisoned for not more than 90 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 Borough of
Wildwood Crest, from taking such other lawful action as is necessary
to prevent or remedy any violation.
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this ordinance 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 ordinance, 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.
The degree of flood protection required by this ordinance 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 manmade or natural
causes. This ordinance 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.
This ordinance shall not create liability on the part of the
Borough of Wildwood Crest, any officer or employee thereof or the
Federal Insurance Administration, for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully
made thereunder.