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 Township of Freehold was accepted for participation in the National Flood Insurance Program on April 4, 1983.
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 Engineering Department located at 1 Municipal Plaza Freehold Township, New Jersey.
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, Federal Emergency Management Agency, Monmouth County, New Jersey, All Jurisdictions" dated September 25, 2009, revised on June 20, 2018 and June 15, 2022 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 166-11C(1) whose effective date is September 25, 2009 are hereby adopted by reference.
Table 166-11C(1)
Effective FIRM Panels
Map Panel #
Effective Date
34025C0140F
9-25-2009
34025C0141F
9-25-2009
34025C0142F
9-25-2009
34025C0143F
9-25-2009
34025C0144F
9-25-2009
34025C0161F
9-25-2009
34025C0163F
9-25-2009
34025C0260F
9-25-2009
34025C0266F
9-25-2009
34025C0267F
9-25-2009
34025C0280F
9-25-2009
34025C0281F
9-25-2009
34025C0282F
9-25-2009
34025C0283F
9-25-2009
34025C0284F
9-25-2009
34025C0290F
9-25-2009
34025C0291F
9-25-2009
34025C0292F
9-25-2009
34025C0301F
9-25-2009
(2) 
Federal best available information. The Township of Freehold may 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. It should be noted that at the time of this chapter adoption there are no preliminary panels for Freehold Township.
(3) 
Other best available data. The Township of Freehold 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 Freehold. 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 § 166-11C(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 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 166-11C(4) List of State Studied Waters
State Plans
Name of Studied Water
File Name
Map Number
Mc Gellairds Bk
FHR171817
McG-3
S Branch Tepehemus Bk
FHR171821
SBT-1
Tepehemus Bk
FHR171823
T-2
Weamaconk Ck
FHR171826
WC-3
Weamaconk Ck
FHR171827
WC-4
Wemrock Bk
FHR171828
WR-1
Wemrock Bk
FHR171829
WR-2
Yellow Bk
O0000003
Sheet 1
Tom's River
U0000133
TO-1
Manasquan Rv, Bannen Meadow Bk, Long Bk
V0000006
Sheet 6
Manasquan Rv, Bannen Meadow Bk, Long Bk
V0000007
Sheet 7
Long Bk
V0000008
Sheet 8
N Branch Metedeconk Rv
V0000016
Sheet 16
Wemrock Bk
V0000027
Sheet 3
S Branch Tepehemus Bk
V0000028
Sheet 4
Weamaconk Ck, McGellairds Bk
V0000029
Sheet 5
Weamaconk Ck, McGellairds Bk
V0000030
Sheet 6
Yellow Bk, Trib Yellow Bk
V0000031
Sheet 7
Manasquan Rv, DeBois Ck, Trib to Manasquan Rv "B", Trib to Manasquan Rv "C"
V0000032
Sheet 8
Manasquan Rv, Trib to Manasquan Rv "A"
V0000033
Sheet 9
Trib to Manasquan Rv "B"
V0000034
Sheet 10
Trib to Manasquan Rv "C", DeBois Ck, Trib to DeBois Ck, Applegate Ck, Burkes Ck
V0000035
Sheet 11
DeBois Ck, Trib to DeBois Ck, Applegate Ck, Burkes Ck
V0000036
Sheet 12
DeBois Ck
V0000037
Sheet 13
Metedeconk Rv
V0000070
Sheet 6
Table 166-11C(4) List of State Studied Waters
State Profiles
Name of Studied Water
Profile Number
Map Number
Yellow Brook
O0000093p
08p
Manasquan River
V0000020p
Sheet 20
Yellow Brook
V0000038p
Sheet 14
Wemrock Brook
V0000038p
Sheet 14
Tributary to Yellow Brook
V0000038p
Sheet 14
Weamaconk Creek
V0000038p
Sheet 14
Manasquan River
V0000039p
Sheet 15
Manasquan River Tributary C
V0000040p
Sheet 16
Manasquan River Tributary A
V0000040p
Sheet 16
Manasquan River Tributary B
V0000040p
Sheet 16
Tepehemus Brook South Branch
V0000041p
Sheet 17
Burkes Creek
V0000041p
Sheet 17
McGellairds Brook
V0000041p
Sheet 17
Applegates Creek
V0000041p
Sheet 17
Debois Creek tributary
V0000042p
Sheet 18
Debois Creek
V0000042p
Sheet 18
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 166-11, 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 § 166-11, 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 § 166-11C(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 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 §§ 166-35 and 166-36.
(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.