This Part 6, 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 West Windsor was accepted for participation in the National Flood Insurance Program on May 1, 1984. 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 Division of Land Use, Department of Community Development located at #271 Clarksville Road, West Windsor, 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)," consisting of three volumes each with an effective date of July 20, 2016, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 200-283A, whose effective date is July 20, 2016, are hereby adopted by reference.
Table 200-283A
Map Panel No.
Effective Date
Suffix
Map Panel No.
Effective Date
Suffix
34021C0133
20-Jul-16
F
34021C0154
20-Jul-16
F
34021C0134
20-Jul-16
F
34021C0161
20-Jul-16
F
34021C0141
20-Jul-16
F
34021C0162
20-Jul-16
F
34021C0142
20-Jul-16
F
34021C0163
20-Jul-16
F
34021C0143
20-Jul-16
F
34021C0164
20-Jul-16
F
34021C0144
20-Jul-16
F
34021C0232
20-Jul-16
F
34021C0153
20-Jul-16
F
34021C0251
20-Jul-16
F
B. 
Federal best available information. Federal best available studies issued after the date of this Part 6 must also be considered. The Township of West Windsor shall utilize federal flood information 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). These studies, if and when available, are listed on FEMA's Map Service Center website. This information shall be used for floodplain regulation purposes only.
C. 
Other best available data. The Township of West Windsor 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 West Windsor. 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 § 200-283A and B 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 § 200-281, 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 200-283D List of State-Studied Waters
Name of Studied Waters
File Name
Map Number(s)
Assunpink Creek
ACI&II04
A-4
Miry Run
ACI&II07
M-2
Miry Run
ACI&II08
M-3
Shipetaukin Creek
ACI&II14
SH-1
Sand Run
ACI&II19
SA-1
Assunpink Creek
ACIII001
A5
Assunpink Creek
ACIII002
A6
Assunpink Creek
ACIII003
A7
Bridegroom Run
ACIII006
BR1
Stony Brook
H0000036
10
Stony Brook
H0000037
8
Stony Brook
H0000038
9
Stony Brook
H0000039
7
Stony Brook
H0000040
6
Stony Brook
H0000041
5
Millstone River, Stony Brook, Carnegie Lake
H0000042
4
Millstone River
H0000058
1
Cranbury Brook
H0000064
21
Millstone
H0000078
7
Millstone River
H0000079
6
Millstone River
H0000080
5
Millstone River, Cranbury Brook, Big Bear Brook
H0000081
4
Millstone River, Devils Brook, Little Bear Brook
H0000082
3
Millstone River
H0000083
2
Big Bear Brook, Bear Creek
H0000217
26
Big Bear Brook
H0000218
25
Canoe Brook, Big Bear Brook
H0000219
24
Canoe Brook
H0000220
23
Assunpink Creek, Bridegroom Run
H0000221
22
Assunpink Creek
H0000222
21
Bridegroom Run, Assunpink Creek
H0000223
20
Assunpink Creek
H0000224
19
Little Bear Brook
H0000225
18
Little Bear Brook
H0000226
17
Duck Pond Run
H0000227
16
Duck Pond Run
H0000228
15
Duck Pond Run, Little Bear Brook
H0000229
14
Duck Pond Run
H0000230
13
Stony Brook
H0000231
12
Stony Brook
H0000232
11
Stony Brook
H0000233
10
Stony Brook
H0000234
9
Stony Brook
H0000235
8
Stony Brook
H0000236
7
Millstone River
H0000237
6
Millstone River
H0000238
5
Millstone River
H0000239
4
Millstone River, Big Bear Brook, Cranbury Brook
H0000240
3
Millstone River, Devils Brook, Little Bear Brook
H0000241
2
Carnegie Lake, Millstone River
H0000242
1
Millstone River
H0000243
1
Millstone River
H0000244
2
Bear Creek
H0000252
10
Big Bear Brook
H0000253
11
Millstone River
H0000153p
01P
Millstone River
H0000154p
02P
Millstone River
H0000155p
03P
Millstone River
H0000156p
04P
Cranbury Brook
H0000162p
10P
Millstone River
H0000255p
01P
Millstone River
H0000256p
02P
Millstone River
H0000257p
03P
Big Bear Brook
H0000258p
04P
Big Bear Brook
H0000259p
05P
Bear Creek
H0000260p
06P
Canoe Brook
H0000261p
07PR
Canoe Brook
H0000262p
08P
Little Bear Brook
H0000263p
09P
Duck Pond Run
H0000264p
10P
Duck Pond Run
H0000265p
11PR
Assunpink Creek
H0000268p
14P
Assunpink Creek
H0000269p
15P
Bridegroom Run
H0000270p
16P
Millstone River
H0000271p
01P
Bear Creek
H0000278p
08p
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 200-283, 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 Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this Part 6. 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 § 200-283 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 § 200-283A 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 §§ 200-306 and 200-307.
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.