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 as of December 2023, shall be known as the "Floodplain Management Regulations of City of Atlantic City" (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 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.
Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the City of Atlantic City administer and enforce the state building codes, the City Council of City of Atlantic City 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 the substantial damage and substantial improvement section of this chapter, § 132-28.
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.
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 violation under N.J.S.A. 40:49-5. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $2,000 per day or imprisonment for a term not exceeding one year, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Atlantic City from taking such other lawful action as is necessary to prevent or remedy any violation.
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.