This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the Borough of Roseland, Essex County,
New Jersey.
a.
The areas of special flood hazard for the Borough of Roseland, Community
No. 340193, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
1.
A scientific and engineering report "Flood Insurance Study, Essex
County, New Jersey (All Jurisdictions)" dated April 3, 2020.
2.
"Flood Insurance Rate Map for Essex County, New Jersey (All Jurisdictions)"
as shown on Index (34013CIND0B) and panels 34013C0079G, 34013C0083G,
34013C0084F, 34013C0087G, 34013C0091F, and 34013C0092F, whose effective
date is April 3, 2020.
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 be a part
of this chapter. The Flood Insurance Study, maps and advisory documents
are on file at the Construction Bureau, 300 Eagle Rock Avenue, Roseland,
New Jersey.
No structure or land shall hereafter be constructed, relocated
to, 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 fined not more than
$1,000 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
Roseland, 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 Borough
of Roseland, 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.