27-3 GENERAL PROVISIONS.
27-3.1 Lands to Which this Chapter Applies.

This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township of Mahwah, Bergen County, New Jersey. (Ord. #985, §III; Ord. #1308, §I)

27-3.2 Establishment of Special Flood Hazard Areas.

The areas of special flood hazard for the Township of Mahwah, Community No. 340049 are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

a. A scientific and engineering report entitled "Flood Insurance Study, Bergen County" (all jurisdictions) dated December 8, 1998 and all subsequent revisions.

b. Flood Insurance Rate Map for Bergen County, New Jersey (all jurisdictions) as shown on Index No. 34003C 0000 and panels 69 and 78 whose effective date is September 30, 2005 and all subsequent revisions.

The above documents are hereby adopted and declared to be part of this Chapter. The Flood Insurance Study and/or maps are on file at:

Township of Mahwah

Mahwah Municipal Building

475 Corporate Drive

Mahwah, NJ 07430 (Ord. #985, §III; Ord. #993, §II; Ord. #1192, §III; Ord. #1308, §II)

**Webmasters Note: The previous section has been amended as per Ordinance No. 1523.

27-3.3 Penalties 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 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 fined not more than one thousand ($1,000.00) dollars or imprisoned for not more than ninety (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 Township from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. #985, §III)

27-3.4 Abrogation and Greater Restrictions.

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. (Ord. #985, §III; Ord. #993, §III)

27-3.5 Interpretation.

In the interpretation and application of this Chapter, all provisions shall be:

a. Considered as minimum requirements;

b. Liberally construed in favor of the governing body; and

**Webmasters Note: The previous 27-3 through 27-3.5 is current as per Supplement No. 9)

27-3.6 Warning and Disclaimer of Liability.

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 area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Township, 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. (Ord. #985, § 111)