WHEREAS, the Legislature of the State of New Jersey has, in
N.J.S.A. 40:48 et seq. and N.J.S.A. 40:55D et seq., conferred upon
local governments the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified
special flood hazard areas within the boundaries of the Town of West
New York (the "Town") and such areas may be subject to periodic inundation
which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare; and
WHEREAS, the Town was accepted for participation in the National
Flood Insurance Program on May 1, 1984, and the Town's Board
of Commissioners desires to continue to meet the requirements of Title
44 of the Code of Federal Regulations, Parts 59, 60, 65, and 70, necessary
for such participation; and
WHEREAS, the Town is required, pursuant to N.J.A.C. 5:23 et
seq., to administer and enforce the state building codes, and such
building codes contain certain provisions that apply to the design
and construction of buildings and structures in flood hazard areas;
and
WHEREAS, the Town is required, pursuant to N.J.S.A. 40:49-5,
to enforce zoning codes that secure safety from floods and contain
certain provisions that apply to the development of lands; and
WHEREAS, the Town is required, pursuant to N.J.S.A. 58:16A-57,
within 12 months after the delineation of any flood hazard area, to
adopt rules and regulations concerning the development and use of
land in the flood fringe area which at least conform to the standards
promulgated by the New Jersey Department of Environmental Protection
(NJDEP):
The foregoing whereas clauses are incorporated herein by reference
and made a part hereof.
These regulations specifically repeal and replace the following ordinance(s) and regulation(s): Chapter
204, Flood Damage Prevention.