Montgomery City Zoning Code
§ 16-15.1
Scope and Administration.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
Title. 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 Montgomery Township (hereinafter "these regulations," "this Section," or "Section 16-15").
b.
Scope. 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 Subsection 16-15.2 of these regulations.
c.
Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
1.
Protect human life and health.
2.
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
3.
Manage the alteration of natural floodplains, stream channels and shorelines;
4.
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
5.
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
6.
Contribute to improved construction techniques in the floodplain.
7.
Minimize damage to public and private facilities and utilities.
8.
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
9.
Minimize the need for rescue and relief efforts associated with flooding.
10.
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
11.
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
12.
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
d.
Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that Montgomery Township administer and enforce the State building codes, the Township Committee of Montgomery Township 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.
e.
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural 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 Subsection 16-15.3n of this section.
f.
Warning. 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.
g.
Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.
h.
Violations and penalties for noncompliance. No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of $2,000 under N.J.S.A 40:49-5, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days.
1.
Each day in which a violation of a section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a 30-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $2,000 under N.J.S.A 40:49-5 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
2.
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same section and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
3.
Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section 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.
i.
Abrogation and greater restrictions. These regulations supersede any section in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing sections 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. Section 16-15 is enhanced or superseded by the criteria in Section 16-16.