These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; Utility and Miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
A. 
The Township of North Brunswick was accepted for participation in the National Flood Insurance Program on May 1, 1980. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the Department of Community Development located at 710 Hermann Road, North Brunswick, New Jersey.
B. 
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
(1) 
Effective Flood Insurance Study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency, for the Township of North Brunswick, Community No. 340271, in a scientific and engineering report entitled "Flood Insurance Study, Middlesex County, New Jersey (All Jurisdictions)" dated July 6, 2010, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 1 whose effective date of July 6, 2010, are hereby adopted by reference.
Table 1
Effective FIRMs No.
Effective Date
34023C0109F
July 6, 2010
34023C0117F
July 6, 2010
34023C0126F
July 6, 2010
34023C0127F
July 6, 2010
34023C0128F
July 6, 2010
34023C0129F
July 6, 2010
34023C0131F
July 6, 2010
34023C0133F
July 6, 2010
34023C0136F
July 6, 2010
34023C0137F
July 6, 2010
(2) 
Federal best available information. The Township of North Brunswick shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as advisory flood hazard area maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of this chapter must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 2
Preliminary FIRMs No.
Effective Date
34023C0131G
January 31, 2014
(3) 
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the Flood Hazard Area Control Act Design Flood Elevation, as defined in Article II, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 3
Name of Studied Water
File Name
Sheet Number
Six Mile Run
D0000006
SX-1
Sucker Bk, Sucker Bk Trib
D0000007
SKT-1
Mile Run Trib
D0000027
MLT-1
Mile Run
D0000028
ML-2
Mae Bk
D0000030
MA-2
Mae Bk
D0000031
MA-1
Lawrence Bk
D0000032
L-7
Lawrence Bk
D0000033
L-6
Lawrence Bk
D0000034
L-5
Lawrence Bk
D0000035
L-4
Lawrence Bk
D0000036
L-3
Lawrence Bk
D0000037
L-2
Irelands Bk
D0000041
I-1
Cow Yard Bk
H2000057
43
Oakeys Bk
H2000063
37
Oakeys Bk, Trib to Oakeys Bk
H2000064
36
Oakeys Bk
H2000065
35
Oakeys Bk, Lawrence Bk
H2000066
34
Oakeys Bk
H2000067
33
Oakeys Bk
H2000068
32
Oakeys Bk, Lawrence Bk
H2000070
30
Oakeys Bk
H2000072
28
Lawrence Brook
H2000002p
01P
Oakeys Brook
H2000008p
08P
Oakeys Brook
H2000009p
09P
Oakeys Brook
H2000010p
10P
Oakeys Brook tributary
H2000012p
12P-R
Cow Yard Brook
H2000013p
13P-R
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 180-11, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this chapter. At a minimum, the local design flood elevation shall be as follows:
(1) 
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 180-11 above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(2) 
For any nondelineated watercourse (where mapping or studies described in § 180-11B(1) and § 180-11B(2) are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
(a) 
A copy of an unexpired NJDEP flood hazard area verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
(b) 
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 180-37 to § 180-38.
(3) 
AO zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
(4) 
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
(5) 
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.