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 East Orange was accepted for participation in the National Flood Insurance Program on February 2, 1977.
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 Department of Public Works located at 44 City Hall Plaza,[1] East Orange, NJ 07019.
[1]
Editor's Note: Pursuant to Ord. No. 20-2023, adopted 9-11-2023, the name of City Hall Plaza was changed to "Lt. Governor Sheila Y. Oliver Court."
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, Essex County, New Jersey (All Jurisdictions)" dated April 3, 2020, and the accompanying Flood Insurance Rate Maps (FIRMs) identified in Table 150-15C(1), whose effective date is June 4, 2007, and April 3, 2020, are hereby adopted by reference.
Table 150-15C(1)
Map Panel No.
Effective Date
Suffix
Map Panel No.
Effective Date
Suffix
34013C0111
6-4-2007
F
34013C0151
6-4-2007
F
34013C0112
4-3-2020
G
34013C0152
6-4-2007
F
34013C0113
6-4-2007
F
34013C0114
6-4-2007
F
(2) 
Federal best available information. The City of East Orange shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, and 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 150-15C(2)
Map Panel No.
Preliminary Date
Map Panel No.
Preliminary Date
None as of the date of this chapter
(3) 
Other best available data. The City of East Orange 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 East Orange. 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 § 150-15C(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 design flood elevation, as defined in Article X, 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 areas 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 150-15C(4): List of State Studied Waters
Name of Studied Water
File Name
Map Number
Nishuane Brook
SUPPIV02
N-1
Nishuane Brook
SUPPIV02
N-2
Second River Tributary
SUPPIV08
ST-1
Second River Tributary
SUPPIV09
ST-2
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 150-15, 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 § 150-15, above, plus two feet of freeboard, or as described by N.J.A.C. 7:13; or
(2) 
For any undelineated watercourse [where mapping or studies described in § 150-15C(1) and (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 two feet 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 two feet of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 150-39A(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 four 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 two feet of freeboard in accordance with ASCE 24.