Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application
to the Floodplain Administrator and shall obtain the required permit.
Depending on the nature and extent of proposed development that includes
a building or structure, the Floodplain Administrator may determine
that a floodplain development permit or approval is required in addition
to a building permit.
The issuance of a permit under these regulations or the Uniform
Construction Code shall not be construed to be a permit for, or approval
of, any violation of this appendix or any other ordinance of the jurisdiction.
The issuance of a permit based on submitted documents and information
shall not prevent the Floodplain Administrator from requiring the
correction of errors. The Floodplain Administrator is authorized to
prevent occupancy or use of a structure or site which is in violation
of these regulations or other ordinances of this jurisdiction.
A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
The Floodplain Administrator is authorized to suspend or revoke
a permit issued under these regulations wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information,
or in violation of any ordinance or code of this jurisdiction.
Prior to the issuance of a certificate of occupancy for new
construction or for a certificate of occupancy upon resale or a certificate
of occupancy issued for any other purpose, an application for such
certificate shall be submitted to the Building Department on the form
provided by the Building Department, which application shall be accompanied
by a recorded deed, recorded in the Ocean County Clerk's Office
at Toms River, New Jersey, which recorded deed shall contain the following
specific language:
There is hereby imposed upon the lands described
in this deed a restrictive covenant advising all future owners of
the said lands whether acquired by conveyance, inheritance or otherwise
that the lands may only be used in accordance with flood regulations
established by the Federal Emergency Management Agency (FEMA) in 44
CFR Parts 59 and 60, the Flood Hazard Area Control Act [N.J.A.C. 7:13]
the Uniform Construction Code [N.J.A.C. 5:23] and this chapter with
the most restrictive requirements taking precedence if in conflict.
A violation of any of these regulations may result in:
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A.
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An issuance of a summons returnable in the Municipal Court of
the Township of Long Beach, or any other appropriate Court having
jurisdiction, providing for a fine of not less than $100 nor more
than $1,000 per day, or such greater or lesser fines as may be permitted
by law for each and every day that any violation of the said Federal
Emergency Management Agency flood protection regulations are violated;
or
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B.
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Subject the owner of the lands to an action in the Chancery
Division, Superior Court of New Jersey or any other court having injunctive
jurisdiction for a mandatory injunction compelling the owner to remove
any violations of the said Federal Emergency Management Agency regulations.
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By acceptance of title to the lands encumbered hereby,
any owner thereof whether title be acquired by deed of conveyance,
inheritance or otherwise, grants to the appropriate inspection officers
of the Township of Long Beach the right upon 48 hours' advance
notice to inspect the areas of any structure located on the lands
which area lies below the local design flood elevation (LDFE) as defined
by this chapter in order to determine compliance with such regulations
and for a failure to permit such inspection, the owner of the lands
may be subject to Complaint returnable in the Municipal Court of the
Township of Long Beach and may be subject to a fine of not less than
$100 per day nor more than $1,000 per day, or any such greater or
lesser amounts as may be permitted by law for each and every day which
inspection is refused.
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