BOROUGH OF AVALON

CAPE MAY COUNTY

NEW JERSEY

ORDINANCE No. 749-2016

AN ORDINANCE AMENDING CHAPTER 19 (FLOOD DAMAGE PREVENTION) OF THE CODE

OFBOROUGH OF AVALON, 2013 PERTAINING TO FEDERAL EMERGENCY MANAGEMENT

MAPS AND PENALTIES FOR THE VIOLATION THEREOF

WHEREAS, the Borough of Avalon (Borough) participates in the National Flood

Insurance Program (NFIP) through the Community Rating System (CRS) and in order for the

Borough to be in compliance with that program it is necessary, from time to time, to update the

Flood Damage Prevention Code of the Borough (Chapter 19 of the Avalon Borough Code);

WHEREAS, Borough Council has therefore determined to amend said Chapter 19 of the

Avalon Borough Code as hereinafter provided;

NOW, THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL of the Borough of Avalon, in the County of Cape May and State of New Jersey as follows:

SECTION 1.Chapter 19 of the Code of the Borough of Avalon, 2013 is hereby amended and

supplemented and shall hereafter provide as follows:

19-3GENERAL PROVISIONS.

19-3.1Lands to Which This Chapter Applies.[No change or modification]

19-3.2Basis for Establishing the Areas of Special Flood Hazard. [No change or modification]

The areas of special flood hazard for the Borough of Avalon, Community No. 345279, are identified and defined on the following documents prepared by the Federal Emergency Management Agency (FEMA):

a.[No change or modification}

b.[No change or modification}

c.Preliminary Work Maps panels nos.0252 and 0254 updated June 30, 2014 andpanel nos. 0234,0251 and 0253 updated on January 30, 2015 issued by FEMA as of the foregoing dates and as the samemay thereafter be further modified or revised by FEMA.

Any subsequently issued or revised maps issued by FEMA shall be recognized and enforced in accordance with the following:

  1. Best Available Flood Hazard Data shall mean the most recent available flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps or Preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM).
  1. Best Available Flood Hazard Data Elevation shall mean the most recent available flood elevation FEMA has provided. The Best Available Flood Hazard Data Elevation may be depicted on an Advisory Flood Hazard Area Map; Work Map; or Preliminary FIS and FIRM.

(Ord. No. 749-2016)

The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study, maps and documents are on file at the Borough Hall located at 3100 Dune Drive, Avalon, New Jersey.

(Ord. No. 682-2013; Ord. No. 688-2013)

19-3.3Penalties for Noncompliance.

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 codes and 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 violation punishable as herein provided. Each day that aviolation continues shall be deemed a separate and distinct offense. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof shall be subject toone or more of the following: a fine of not more than two thousand ($2,000.00) dollarsor imprisoned for not more than thirty (30) days, or a period of community service not to exceedthirty (30) days, for each violation and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Avalon, from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 682-2013; Ord. No. 688-2013; Ord. No. 749-2016)

Cross Reference NJSA 40:49-5 (Penalties for violation of municipal ordinance).

19-3.4Abrogation and Greater Restrictions.[No change or modification}

19-3.5Interpretation.[No change or modification}

19-3.6Warning and Disclaimer of Liability.[No change or modification}

SECTION 2. Except as modified by this Ordinance, all other provisions of Chapter 19 shall remain in full force and effect.

SECTION3. REPEALER. AllOrdinancesorpartsofOrdinanceswhicharein conflictorinconsistent herewithareherebyrepealedtotheextentofsuchinconsistency orconflictonly.

SECTION 4. SEVERABILITY. If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudicationshallapplyonlytothesection,paragraph,subdivision, subsection,clauseor provisiondeclaredinvalidandtheremainderofthisOrdinanceshallremaininfullforce andeffectandshallbeenforceable.

SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.

NOTICE OF PENDING ORDINANCE

The Ordinance published herewith was introduced and passed on first reading of the Municipal Council of the Borough of Avalon on September 28, 2016. It will be further considered for second reading, public hearing and final adoption at a meeting of said Council to be held on the 12th day of October, 2016 in the Meeting Room of the Municipal Building, Avalon, New Jersey at 4:15 p.m. and during the week prior to and up to and including the date of such meeting, copies of said Ordinance will be made available at the Clerk’s Office in said Municipal Building to the members of the general public who shall request the same.

MARIE J. HOOD

Borough Clerk

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