This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Borough of Mendham, Morris
County, New Jersey.
A.
The areas of special flood hazard for the Borough
of Mendham, Community No. 340540, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
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 the Borough Clerk's office, 2 West Main Street, Mendham,
New Jersey 07945.
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 subject to the penalties imposed in Chapter 1, Article II, Penalty for Code Violations, of the Borough Code and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Mendham from taking such other lawful action as is necessary to prevent or remedy any violation.
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.
In the interpretation and application of this
chapter, all provisions shall be:
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 areas of
special flood hazard 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 Mendham Borough, 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.