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.