This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the Borough of Palisades Park.
[Amended 11-20-1995 by Ord. No. 1233; 9-20-2005 by Ord. No.
1457; 8-27-2019 by Ord. No. 2019-11]
A.
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 34003C0257H, 34003C0259H, 34003C0276H, 34003C0278H
dated August 28, 2019, are hereby adopted by reference and declared
to be part of this chapter.
B.
Best available flood hazard data. These documents shall take precedence
over effective panels and FIS in construction and development regulations
only. Where the effective mapping or Base Flood Elevation conflict
or overlap with the Best Available Flood Hazard Data, whichever imposes
the more stringent requirement shall prevail.
C.
The Flood Insurance Study, maps and advisory documents are on file
with the Clerk of the Borough of Palisades Park, 198 North Washington
Avenue, Palisades Park, NJ 07621.
[Amended 8-15-1995 by Ord. No. 1226; 8-27-2019 by Ord. No. 2019-11]
No structure or land shall hereafter by 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 Palisades Park from taking such other lawful action
as is necessary, in equity or law, to prevent or enjoin any threatened
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 another 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 the Borough of Palisades Park or 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.
