The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1
et seq., delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety and general welfare
of its citizenry. Therefore, the Mayor and Council of the Borough of Netcong,
New Jersey, does ordain as follows.
A.
The flood hazard areas of the Borough of Netcong are
subject to periodic inundation, which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief and impairment
of the tax base, all of which adversely affect the public health, safety and
general welfare.
B.
These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazard which increase flood heights
and velocities and, when inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
It is the purpose of this chapter to promote the public health, safety
and general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities, such
as water and gas mains, electric, telephone and sewer lines, and streets and
bridges located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to minimize
future flood blight areas.
G.
Ensure that potential buyers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
In order to accomplish its purposes, this chapter includes methods and
provisions for:
A.
Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards or which result
in damaging increases in erosion or in flood heights or velocities;
B.
Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction;
C.
Controlling the alteration of natural floodplains, stream
channels and natural protective barriers, which help accommodate or channel
floodwaters;
D.
Controlling filling, grading, dredging and other development
which may increase flood damage; and
E.
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood hazards
in other areas.