This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Bergenfield.
[Amended 9-19-1995 by Ord. No. 2182; 7-12-2005 by Ord. No. 05-2358; 7-16-2019 by Ord. No. 19-2550]
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Bergen County, New Jersey (All Jurisdictions)" dated August 28, 2019, Index Map and Flood Insurance Rate Maps (FIRMS) whose panel numbers are 34003C0184H, 34003C0192H, 34003C0211H dated August 28, 2019, are hereby adopted by reference and declared to be part of this chapter. The Flood Insurance Study is on file with the Clerk of the Borough of Bergenfield, 198 North Washington Avenue, Bergenfield, NJ 07621.
A. 
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. Violations 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 of this chapter. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Bergenfield from taking such other lawful action as is necessary, in equity or law, to prevent or enjoin any threatened violation of this chapter.
[Amended 7-16-2019 by Ord. No. 19-2550]
B. 
Each and every day that such violation continues after issuance of summons shall be considered a separate and specific violation of this chapter.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (See also 8.0 of this chapter).
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
A. 
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 area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Borough of Bergenfield, 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.