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 City of Clifton was accepted for participation in the National Flood Insurance Program on June 15, 1982.
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 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 Clifton City Engineer's Office, 900 Clifton Avenue, Clifton, New Jersey 07013.
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, Passaic County, New Jersey (All Jurisdictions)" dated April 17, 2020, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 1 whose top level document (index map) effective date is April 17, 2020, are hereby adopted by reference.
Table 1
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34031C0214
2020-04-17
G
34031C0257
2020-04-17
G
34031C0218
2020-04-17
G
34031C0258
2020-04-17
G
34031C0219
2020-04-17
G
34031C0259
2020-04-17
G
34031C0238
2020-04-17
G
34031C0276
2020-04-17
G
34031C0252
2020-04-17
G
34031C0278
2020-04-17
G
34031C0256
2020-04-17
G
(2) 
Federal best available information. The City of Clifton 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
Map Panel
Preliminary Date
Map Panel
Preliminary Date
None as of the adoption date of this chapter.
(3) 
Other best available data. The City of Clifton 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 of Clifton. 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 § 239-11B(1) and B(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 Article IX, 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 List of State-Studied Waters
Name of Studied Water
File Name
Map Number
Weasel Brook
AB000014p
14P
Passaic River
AB000201p
Passaic River
FA000049p
01P
Passaic River
FA000050p
02P
Third River
FA000051p
03P
Weasel Brook
FA000052p
12P
Weasel Brook
FA000053p
13P
Weasel Brook
FA000054p
14P
Weasel Brook
FA000055p
15P
Weasel Brook
FA000056p
16P
Weasel Brook
FA000057p
17P
Weasel Brook
FA000058p
18P
Weasel Brook
FA000059p
19P
Weasel Brook
FA000060p
20P
Branch Weasel Brook
FA000061p
21P
Branch 3-5-2 Weasel Brook
FA000062p
22P
Wabash Brook
FA000063p
23P
Third River
SUPPIV20p
03P, 04P, 05P, 06P
Third River
SUPPIV21p
08P
Passaic River, Weasel Brook
AB000046
19
Passaic River, McDonald Brook
AB000050
15
Passaic River
AB000051
14
Passaic River
AB000052
13
Plog Brook, Branch 3-5-2 Weasel Brook
FA000008
7
Weasel Brook, Branch Weasel Brook
FA000009
6
Weasel Brook, Plog Brook
FA000010
5
Weasel Brook Watershed Area
FA000011
0
Passaic River, Wabash Brook, Weasel Brook
FA000012
1
Passaic River
FA000018
21
Third River
SUPPIV10
T-1
Third River
SUPPIV11
T-2
Third River
SUPPIV17
T-8
Third River
SUPPIV18
T-9
Third River
SUPPIV19
T-10
St. Pauls Brook
SUPPIV22
SP-1
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 239-11, 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.
B. 
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 § 239-11 above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(2) 
For any undelineated watercourse [where mapping or studies described in § 239-11B(1) and B(2) 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:
(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 § 239-35A(2) and A(3).
(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.