This Part
6, 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 Township of West Windsor" (hereinafter "this Part 6").
This Part
6, 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
XXXVII of this Part
6.
The purposes and objectives of this Part
6 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 Township of West Windsor administer and enforce the state building codes, the Township Council of the Township of West Windsor 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 Part
6 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 §
200-297, Substantial improvement and substantial damage determinations.
The degree of flood protection required by this Part
6 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 Part
6 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 Part
6 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 Part
6 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 Part
6 supersedes any ordinance in effect in flood hazard areas. However, this Part
6 is not intended to repeal or abrogate any other land use regulations, including site plan and subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between this Part
6 and any other ordinance, code, or regulation, the more restrictive shall govern.