This chapter, 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.
The Township of Hamilton was accepted for participation in the National Flood Insurance Program on June 15, 1982. 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 Floodplain Administrator of the Township of Hamilton, 2090 Greenwood Avenue, Hamilton, New Jersey. 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, Mercer County, New Jersey (All Jurisdictions)," dated July 20, 2016, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 536-12A, whose effective date is July 20, 2016, are hereby adopted by reference.
Table 536-12A
Map Panel No.
Effective Date
Suffix
Map Panel No.
Effective Date
Suffix
34021C0138
July 20, 2016
F
34021C0234
July 20, 2016
F
34021C0139
July 20, 2016
F
34021C0236
July 20, 2016
F
34021C0143
July 20, 2016
F
34021C0237
July 20, 2016
F
34021C0144
July 20, 2016
F
34021C0238
July 20, 2016
F
34021C0209
July 20, 2016
F
34021C0239
July 20, 2016
F
34021C0217
July 20, 2016
F
34021C0241
July 20, 2016
F
34021C0226
July 20, 2016
F
34021C0242
July 20, 2016
F
34021C0227
July 20, 2016
F
34021C0244
July 20, 2016
F
34021C0228
July 20, 2016
F
34021C0253
July 20, 2016
F
34021C0229
July 20, 2016
F
34021C0261
July 20, 2016
F
34021C0231
July 20, 2016
F
34021C0263
July 20, 2016
F
34021C0232
July 20, 2016
F
34021C0264
July 20, 2016
F
34021C0233
July 20, 2016
F
B. 
Federal best available information. The Township of Hamilton 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 536-12B
Map Panel No.
Preliminary Date
None as of the date of this chapter
C. 
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 IX, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. An 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 536-12C
List of State-Studied Waters
Name of Studied Water
File Name
Map Number
Assunpink Creek
ACI&II02
A-2
Assunpink Creek
ACI&II03
A-3
Assunpink Creek
ACI&II03
A-3
Assunpink Creek
ACI&II04
A-4
Great Bear Swamp
ACI&II06
M-1S
Miry Run
ACI&II07
M-2
Miry Run
ACI&II08
M-3
Pond Run
ACI&II10
P-1
Shipetaukin Creek
ACI&II14
SH-1
Great Bear Swamp
ACI&II18
GB-1
Assunpink Creek
ACIII001
A5
Assunpink Creek
H0000224
19
Delaware River
SUPPVIII07
B-1
Delaware River
SUPPVIII08
B-2
Delaware River
SUPPVIII09
B-3
Little Shabakunk Creek
SUPPVIII41
1
Shabakunk Creek
SUPPVIII44
1
Conines Mill Pond
X0000004
1 of 1
Delaware River, Blacks Creek Tributary
X0000007
1 of 1
Blacks Creek
X0000008
1 of 3
Crosswicks Creek
X0000009
2 of 3
Blacks Creek
X0000015
Sheet 5
Crosswicks Creek
X00000010p
3 of 3
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 536-12 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 § 536-12 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 § 536-12A 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; 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 §§ 536-40 and 536-41.
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.