[Amended 3-27-2023 by Ord. No. 2023-5]
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.
[Amended 3-27-2023 by Ord. No. 2023-5]
a.
The Borough of South Toms River was accepted for participation in
the National Flood Insurance Program on January 6, 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 Borough
Hall, 19 Double Trouble Road, South Toms River, New Jersey 08757.
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, Ocean County,
New Jersey (All Jurisdictions)" dated December 16, 2021 and the accompanying
Flood Insurance Rate Maps (FIRM) identified in Table 19-12(1) whose
effective date is September 29, 2006 are hereby adopted by reference.
|
Table 19-12(1)
| |||||
|---|---|---|---|---|---|
|
Map Panel #
|
Effective Date
|
Revision Letter
|
Map Panel #
|
Effective Date
|
Revision Letter
|
|
34029C0303
|
9/29/2006
|
F
| |||
|
34029C0304
|
9/29/2006
|
F
| |||
|
34029C0312
|
9/29/2006
|
F
| |||
|
34029C0315
|
9/29/2006
|
F
| |||
2.
Federal Best Available Information. Borough of South Toms River 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 19-12(2)
| |||
|---|---|---|---|
|
Map Panel #
|
Preliminary Date
|
Preliminary Date
| |
|
34029C0303G
|
3/28/2014
| ||
|
34029C0304G
|
3/28/2014
| ||
|
34029C0312G
|
3/28/2014
| ||
|
34029C0315G
|
3/28/2014
| ||
3.
Other Best Available Data. Borough of South Toms River shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough of South Toms River. 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 Section 19-12c1 and c2, 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 19-12(3) List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Jakes Branch, Toms River
|
V0000088
|
Sheet 10
|
|
Jacks Branch
|
V0000089
|
Sheet 11
|
|
Jakes Branch
|
V0000090p
|
Sheet 12
|
[Amended 3-27-2023 by Ord. No. 2023-5]
a.
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 19-12, 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:
1.
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 19-12, above plus one foot of freeboard or as described by N.J.A.C. 7:13; or
2.
For any undelineated watercourse (where mapping or studies described
in Section 9-12c1 and c2 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 Section 19-36 and Section 19-37.
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.
