[Ord. #2526, 7-11-2023, adopted]
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.
[Ord. #2526, 7-11-2023, adopted]
a.
The Township of Bernards was accepted for
participation in the National Flood Insurance Program on September
1, 1978.
b.
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 Federal
Emergency Management Agency (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 Engineering Department, 277
South Maple Avenue, Basking Ridge, NJ 07920.
c.
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 in a scientific and engineering report entitled "Flood Insurance
Study, Somerset County, New Jersey (All Jurisdictions)" dated November
4, 2016, and the accompanying Flood Insurance Rate Maps (FIRM) identified
in Table 25-2.2(a) whose effective date is September 28, 2007, are
hereby adopted by reference.
|
Table 25-2.2(a)
| |||||
|---|---|---|---|---|---|
|
Map Panel Number
|
Effective Date
|
Suffix
|
Map Panel Number
|
Effective Date
|
Suffix
|
|
34035C0042
|
9/28/2007
|
E
|
34035C0062
|
9/28/2007
|
E
|
|
34035C0044
|
9/28/2007
|
E
|
34035C0063
|
9/28/2007
|
E
|
|
34035C0052
|
9/28/2007
|
E
|
34035C0064
|
9/28/2007
|
E
|
|
34035C0053
|
9/28/2007
|
E
|
34035C0066
|
9/28/2007
|
E
|
|
34035C0054
|
9/28/2007
|
E
|
34035C0067
|
9/28/2007
|
E
|
|
34035C0056
|
9/28/2007
|
E
|
34035C0068
|
9/28/2007
|
E
|
|
34035C0057
|
9/28/2007
|
E
|
34035C0069
|
9/28/2007
|
E
|
|
34035C0058
|
9/28/2007
|
E
|
34035C0152
|
9/28/2007
|
E
|
|
34035C0059
|
9/28/2007
|
E
|
34035C0156
|
9/28/2007
|
E
|
|
34035C0061
|
9/28/2007
|
E
| |||
2.
Federal best available information. Bernards
Township 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 25-2.2(b)
| |||
|---|---|---|---|
|
Map Panel Number
|
Preliminary Date
|
Map Panel Number
|
Preliminary Date
|
|
None as of the date of this chapter.
| |||
3.
Other best available data. Bernards Township shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Bernards. Other best available information may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 25-2.2c 1 and 2, above. This information shall be used for floodplain regulation purposes only.
4.
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 Section 25-9, 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 25-2.2(c) List of State Studied
Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Passaic River, Primrose Brook
|
N0000016
|
3
|
|
Passaic River
|
N0000017
|
4
|
|
Passaic River
|
PRM00039
|
27
|
|
Passaic River
|
PRM00041
|
28
|
|
Passaic River
|
PRM00042
|
29
|
|
Passaic River
|
PRM00043
|
30
|
|
Passaic River
|
PRM00044
|
31
|
|
Passaic River
|
PRM00045
|
32
|
|
Passaic River
|
PRM00047
|
33 and 34
|
|
Passaic River
|
PRM00049
|
36
|
|
Passaic River
|
PRM00051
|
37
|
|
Passaic River
|
PRM00052
|
38
|
|
Dead River
|
SUPPI014
|
DR-1
|
|
Dead River
|
SUPPI016
|
DR-2
|
|
Dead River
|
SUPPI017
|
DR-3
|
|
Dead River
|
SUPPI018
|
DR-4
|
|
Dead River
|
SUPPI020
|
DR-5
|
|
Dead River
|
SUPPI021
|
DR-6
|
|
Dead River
|
SUPPI022
|
DR-7
|
|
Dead River
|
SUPPI023
|
DR-8
|
|
Harrison Brook
|
SUPPI024
|
HB-1
|
|
Harrison Brook
|
SUPPI026
|
HB-2
|
|
Harrison Brook
|
SUPPI027
|
HB-3
|
|
Harrison Brook
|
SUPPI028
|
HB-4
|
|
Harrison Brook
|
SUPPI029
|
HB-5
|
|
Harrison Brook, Branch No. 2
|
SUPPI030
|
HBB-2
|
|
Indian Grave Brook
|
SUPPI031
|
I-1
|
|
North Branch Raritan River
|
U0000057
|
NB-6
|
|
North Branch Raritan River
|
U0000058
|
NB-7
|
|
Passaic River
|
N0000071p
|
01p
|
|
Passaic River
|
PRM00038p
|
26A
|
|
Passaic River
|
PRM00040p
|
28A
|
|
Passaic River
|
PRM00046p
|
32A
|
|
Dead River
|
SUPPI015p
|
DR-2A
|
|
Dead River
|
SUPPI019p
|
DR-5A
|
|
Harrisons Brook
|
SUPPI025p
|
HB-1A
|
[Ord. #2526, 7-11-2023, adopted]
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 25-2.2, 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:
a.
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 25-2.2, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
b.
For any undelineated watercourse (where mapping or studies described in §§ 25-2.2a and 25-2.2b above 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:
1.
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
2.
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 §§ 25-5.2 and 25-5.3.
c.
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.
d.
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.
e.
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.
