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.
The Township of West Milford was accepted for participation in the National Flood Insurance Program on January 16, 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 West Milford Town Hall Emergency Management Office, 1480 Union Valley Road, West Milford, New Jersey 07480. 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 Rate Map for Passaic County, New Jersey (All Jurisdictions)," dated April 17, 2020, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 158-11(A) whose effective dates are September 28, 2007, and April 17, 2020, are hereby adopted by reference.
Table 158-11(A)
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34031C0015
9/28/2007
F
34031C0107
9/28/2007
F
34031C0016
9/28/2007
F
34031C0110
4/17/2020
G
34031C0017
9/28/2007
F
34031C0111
4/17/2020
G
34031C0018
9/28/2007
F
34031C0112
4/17/2020
G
34031C0019
9/28/2007
F
34031C0116
4/17/2020
G
34031C0028
9/28/2007
F
34031C0117
9/28/2007
F
34031C0036
9/28/2007
F
34031C0118
4/17/2020
G
34031C0037
9/28/2007
F
34031C0119
4/17/2020
G
34031C0038
9/28/2007
F
34031C0126
9/28/2007
F
34031C0039
4/17/2020
G
34031C0127
9/28/2007
F
34031C0041
9/28/2007
F
34031C0128
4/17/2020
G
34031C0042
9/28/2007
F
34031C0129
4/17/2020
G
34031C0043
4/17/2020
G
34031C0131
9/28/2007
F
34031C0084
9/28/2007
F
34031C0136
9/28/2007
F
34031C0092
4/17/2020
G
34031C0138
4/17/2020
G
34031C0105
9/28/2007
F
B. 
Federal best available information. The Township of West Milford 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). 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 158-11(B)
Map Panel #
Preliminary Date
Map Panel #
Preliminary Date
None as of the date of this chapter
C. 
Other best available data. The Township of West Milford 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 Milford. 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 § 158-11A 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 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 158-11(C)
List of State-Studied Waters
Name of Studied Water
File Name
Map Number
Pequannock River
G0000075p
04P
Burnt Meadow Brook
J0000032p
50
West Brook
J0000036p
46
Pequannock River
J0000082p
43
Pequannock River
J0000083p
42
West Brook
J0000085p
41
West Brook Branch 7
J0000085p
41
Posts Brook Branch 4
J0000086p
40
West Brook
J0000086p
40
Posts Brook Branch 3
J0000087p
38
Posts Brook
J0000087p
38
Posts Brook
J0000088p
37
Belcher Creek Branch #2
J0000089p
36
Morsetown Brook
J0000090p
35
Morsetown Brook
J0000091p
34
Morsetown Brook
J0000092p
33
Morsetown Brook
J0000092p
33
Belcher Creek Branch 1
J0000093p
32
Morsetown Brook
J0000093p
32
Green Brook
J0000094p
31
Belcher Creek Branch 1
J0000094p
31
Green Brook
J0000095p
30
Cooley Brook
J0000096p
29
Belcher Creek
J0000097p
28
Belcher Creek
J0000098p
27
Long House Creek
J0000099p
26
Long House Creek
J0000099p
26
Greenwood Lake
J0000099p
26
Long House Creek
J0000100p
25
Pequannock River, Cold Spring Brook
BDALE002
2 of 4
Belcher Creek, Belcher Creek Branch #1
J0000001
12
Belcher Creek
J0000002
11
Greenwood Lake
J0000003
10
Greenwood Lake
J0000004
9
Greenwood Lake
J0000005
8
Long House Creek
J0000006
7
Long House Creek
J0000007
6
Long House Creek
J0000008
5
Long House Creek
J0000009
4
Long House Creek
J0000010
3
Burnt Meadow Brook, Branch #5
J0000056
26
West Brook
J0000059
23
Wanaque River
J0000061
21
Pequannock River
J0000101
24
Pequannock River
J0000102
23
West Brook, Branch #7
J0000103
22
Post Brook, West Brook
J0000104
21
Post Brook Branch #3
J0000105
20
Post Brook and Branches 3 and 4
J0000106
19
Morsetown Brook
J0000107
18
Morsetown Brook
J0000108
17
Cooley Brook, Green Brook
J0000109
16
Belcher Creek
J0000110
15
Belcher Creek, Belcher Creek Branch #2
J0000111
14
Belcher Creek
J0000112
13
Pequannock River
R0000076
Plate 1
Pequannock River
R0000077
Plate 2
Pequannock River
R0000078
Plate 3
Pequannock River
R0000079
Plate 4
Pequannock River
R0000080
Plate 5
Tributary No. 5-1 to the Rockaway River
R0000095
Plate 20
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 158-11, 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 § 158-11, 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 § 158-11A 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; 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 §§ 158-35 and 158-36.
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 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 freeboard in accordance with ASCE 24.