These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the Floodplain Management Regulations of the Township
of Freehold (hereinafter "these regulations").
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Article
II of these regulations.
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that the Township of Freehold administer
and enforce the state building codes, the Township Committee of the
Township of Freehold does hereby acknowledge that the Uniform Construction
Code contains certain provisions that apply to the design and construction
of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction
with the Uniform Construction Code.
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement section, §
166-26 of this chapter.
The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
The provisions of these regulations shall not be deemed to nullify
any provisions of local, state, or federal law.
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with this chapter or fails to comply
with any of its requirements shall upon conviction thereof be fined
not more than $2,500 or up to a maximum penalty by a fine not exceeding
$10,000 under N.J.S.A. 40:49-5.
These regulations supersede any ordinance in effect in flood
hazard areas. However, these regulations are not intended to repeal
or abrogate any existing ordinances, including land development regulations,
subdivision regulations, zoning ordinances, stormwater management
regulations, or building codes. In the event of a conflict between
these regulations and any other ordinance, code, or regulation, the
more restrictive shall govern.