This chapter, in combination with the flood provisions of the
Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter, "Uniform
Construction Code"), consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter, "FHACA"), N.J.A.C. 7:13,
shall be known as the "Floodplain Management Regulations of the Township
of Hamilton" (hereinafter, "this chapter").
This chapter, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in Article
II of this chapter.
The purposes and objectives of this chapter are to promote the
public health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific flood hazard areas
through the establishment of comprehensive regulations for management
of flood hazard areas, designed to:
A. Protect human life and health.
B. Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
C. Manage the alteration of natural floodplains, stream channels and
shorelines.
D. Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
E. Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
F. Contribute to improved construction techniques in the floodplain.
G. Minimize damage to public and private facilities, transportation,
and utilities.
H. Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
I. Minimize the need for rescue and relief efforts associated with flooding.
J. Ensure that property owners, occupants, and potential owners are
aware of property located in flood hazard areas.
K. Minimize the need for future expenditure of public funds for flood
control projects and response to and recovery from flood events.
L. Meet the requirements of the National Flood Insurance Program for
community participation set forth in 44 CFR 59.22.
M. To prevent pollution of watercourses during floods by preventing
the placing and storing of explosive, toxic and otherwise dangerous
materials within the special flood hazard area.
N. To preserve, protect and enhance the natural environment of the floodplain.
O. To protect individuals or corporations from considering development
on lands which are unsuited for intended purposes because of flood
hazard.
P. To protect the public from dangers caused by materials being swept
onto nearby downstream lands.
Q. To protect wildlife and fishing areas by preserving and enhancing
the environment of the floodplain.
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that the Township of Hamilton administer
and enforce the state building codes, the Council of Township of Hamilton
does hereby acknowledge that the Uniform Construction Code contains
certain provisions that apply to the design and construction of buildings
and structures in flood hazard areas. Therefore, this chapter are
intended to be administered and enforced in conjunction with the Uniform
Construction Code.
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with §
536-29, Substantial improvement and substantial damage determinations, of this chapter.
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. Flood
heights may be increased by man-made or natural causes. Enforcement
of this chapter does not imply that land outside the special flood
hazard areas, or that uses permitted within such flood hazard areas,
will be free from flooding or flood damage.
The provisions of this chapter shall not be deemed to nullify
any provisions of local, state, or federal law.
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with this chapter or fails to comply
with any of its requirements shall, upon conviction thereof, be fined
not more than $2,500 or up to a maximum penalty by a fine not exceeding
$10,000 under N.J.S.A. 40:49-5.
This chapter supersede any ordinance in effect in flood hazard
areas. However, this chapter are not intended to repeal or abrogate
any existing ordinances, including land development regulations, subdivision
regulations, zoning ordinances, stormwater management regulations,
or building codes. In the event of a conflict between this chapter
and any other ordinance, code, or regulation, the more restrictive
shall govern.