This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Bay Head, Ocean County, New Jersey.
[Amended 8-5-2013 by Ord. No. 2013-08; 5-7-2018 by Ord. No. 2018-03]
The areas of special flood hazard for the Borough of Bay Head Community No. 345281, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
A scientific and engineering report "Flood Insurance Study, Ocean County, New Jersey (All Jurisdictions)" dated June 20, 2018.
Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions), as shown on Index and Panel Number(s) 34029C0208G, and 34029C0216F, whose effective date is June 20, 2018.
Best available flood hazard data. These documents shall take precedence over effective panels and FIS in construction and development regulations only. Where the effective mapping or base flood elevation conflict or overlap with the best available flood hazard data, whichever imposes the more stringent requirement shall prevail.
The above documents are hereby adopted and declared to be part of this chapter. The Flood Insurance Study and maps are on file at Borough Hall, 83 Bridge Avenue, Bay Head, New Jersey.
No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days, or any community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions shall be:
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 on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Borough of Bay Head or any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.