[Added 12-7-2023 by Ord. No. 08-2023]
a. Title. These regulations, 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 Cape May
Point" (hereinafter "these regulations").
b. Scope. These regulations, 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 §
90-2 of these regulations.
c. Purposes and Objectives. The purposes and objectives of these regulations
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:
1. Protect human life and health.
2. Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
3. Manage the alteration of natural floodplains, stream channels and
shorelines.
4. Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
5. Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
6. Contribute to improved construction techniques in the floodplain.
7. Minimize damage to public and private facilities and utilities.
8. Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
9. Minimize the need for rescue and relief efforts associated with flooding.
10. Ensure that property owners, occupants, and potential owners are
aware of property located in flood hazard areas.
11. Minimize the need for future expenditure of public funds for flood
control projects and response to and recovery from flood events.
12. Meet the requirements of the National Flood Insurance Program for
community participation set forth in 44 CFR 59.22.
d. Coordination with Building Codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that Cape May Point
administer and enforce the state building codes, the Board of Commissioners
of Cape May Point 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, these
regulations are intended to be administered and enforced in conjunction
with the Uniform Construction Code.
e. Ordinary Building Maintenance and Minor Work. 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, §
90-3n, of this chapter.
f. Warning. The degree of flood protection required by these regulations
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 these regulations 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.
g. Other Laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
h. Violations and Penalties for Noncompliance.
1. 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 (1) or more of the
following: a fine of not more than $1250, imprisonment for a term
not exceeding ninety (90) days or a period of community service not
exceeding 90 days.
2. Each day in which a violation of an ordinance exists shall be considered
to be a separate and distinct violation subject to the imposition
of a separate penalty for each day of the violation as the court may
determine except that the owner will be afforded the opportunity to
cure or abate the condition during a 30-day period and shall be afforded
the opportunity for a hearing before the court for an independent
determination concerning the violation. Subsequent to the expiration
of the 30-day period, a fine greater than $1250 may be imposed if
the court has not determined otherwise, or if upon reinspection of
the property, it is determined that the abatement has not been substantially
completed.
3. Any person who is convicted of violating an ordinance within one
year of the date of a previous violation of the same ordinance and
who was fined for the previous violation shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
i. Solid Waste Disposal in a Flood Hazard Area. 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 a minimum of 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.
j. Abrogation and Greater Restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
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 these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.