[Added 6-8-2022 by Ord. No. 2022-7]
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.
[Added 6-8-2022 by Ord. No. 2022-7]
The City was accepted for participation in the National Flood Insurance Program on February 15, 1979.
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 Office of the City Clerk, One Municipal Plaza, Asbury Park, New Jersey 07712.
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
a. 
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, Monmouth County, New Jersey (All Jurisdictions) dated September 25, 2009 and revised June 20, 2018 and June 15 2022 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 24-11(1) whose effective date is June 15, 2022 are hereby adopted by reference.
Table 24-11(1)
Map Panel #
Effective Date
Revision Letter
34025C0332G
June 15, 2022
G
34025C0334G
June 15, 2022
G
34025C0351G
June 15, 2022
G
34025C0353G
June 15, 2022
G
b. 
Federal Best Available Information. The City 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 24-11(2)
Map Panel #
Preliminary Date
34025C0332H
January 31, 2014
34025C0334H
January 31, 2014
34025C0351H
January 31, 2014
34025C0353H
January 31, 2014
c. 
Other Best Available Data. The City shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the City. 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 24-11a and 24-11b above. This information shall be used for floodplain regulation purposes only.
d. 
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 24-53, 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. No New Jersey State studied waters were identified in this community under the FHACA.
[Added 6-8-2022 by Ord. No. 2022-7]
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 24-11, 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:
a. 
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 24-11 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 Section 24-11a and b 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 24-14; 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 Section 24-35c.
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 freeboardin 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 1 foot of freeboard in accordance with ASCE 24.