ARTICLE III General Provisions

(§ 99-7 - § 99-12)

§ 99-7 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Seaside Heights, Ocean County, New Jersey.

§ 99-8 Basis for establishing areas of special flood hazard.

A. The areas of special flood hazard for the Borough of Seaside Heights, Community No. 340389, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) A scientific and engineering report entitled "Flood Insurance Study, Ocean County, New Jersey (All Jurisdictions)," dated September 29, 2006.

(2) Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions) as shown on Index and panel number (s) 0329, 0337; whose effective date is September 29, 2006.

B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at Borough Hall, 901 Boulevard, Seaside Heights. New Jersey, 08751.

§ 99-9 Violations and penalties.

No structure or land shall hereafter be constructed, located, 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 misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,200 or be 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 Seaside Heights from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 99-10 Abrogation and greater restrictions.

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.

§ 99-11 Interpretation of provisions.

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.

§ 99-12 Warning; disclaimer of liability.

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 Seaside Heights, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.