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 Clark was accepted for participation in the National Flood Insurance Program on December 23, 1971.
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 office of the Floodplain Administrator (Construction Official), 430 Westfield Avenue, Clark, NJ 07066.
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, Union County, New Jersey (All Jurisdictions)," dated September 20, 2006, and the accompanying Flood Insurance Rate Maps (FIRMs) identified in Table No. 1, whose effective date is September 20, 2006, as shown, are hereby adopted by reference.
Table No. 1
Map Panel #
Effective Date
34039C0031F
September 20, 2006
34039C0032F
September 20, 2006
34039C0033F
September 20, 2006
34039C0041F
September 20, 2006
34039C0042F
September 20, 2006
34039C0043F
September 20, 2006
(2) 
Federal Best Available Information. The Township of Clark 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 No. 2
Description
Product ID
Effective Date
FIS Reports
34039CV001A
9-20-2006
34039CV002A
9-20-2006
LOMA
07-02-0433A-345290
3-15-2007
09-02-0813A-345290
6-18-2009
11-02-1560A-345290
6-2-2011
13-02-0211A-345290
12-11-2012
13-02-1914A-345290
10-8-2013
14-02-1644A-345290
7-8-2014
14-02-1856A-345290
8-14-2014
14-02-2473A-345290
11-12-2014
15-02-1107A-345290
5-26-2015
15-02-1851A-345290
9-22-2015
16-02-0733A-345290
2-24-2016
17-02-1127A-345290
3-30-2017
17-02-1436A-345290
6-6-2017
17-02-1703A-345290
7-24-2017
17-02-2110A-345290
9-27-2017
18-02-0238A-345290
11-19-2017
18-02-0533A-345290
1-25-2018
18-02-0546A-345290
1-10-2018
18-02-2101A-345290
10-19-2018
19-02-1064A-345290
7-31-2019
19-02-1093A-345290
6-26-2019
19-02-1182A-345290
7-22-2019
19-02-1500A-345290
9-20-2019
20-02-1219A-345290
8-19-2020
21-02-0953A-345290
7-9-2021
22-02-0649A-345290
6-21-2022
22-02-0744A-345290
8-4-2022
NFHL Data-state
NFHL_34_20220818
8-18-2022
NFHL Data-County
NFHL_34039C
9-25-2020
Preliminary FIRM Panels
34039C0031G
4-18-2016
34039C0032G
4-18-2016
34039C0041G
4-18-2016
34039C0042G
4-18-2016
34039C0043G
2-3-2015
Preliminary FIS Reports
34039CV001B
4-18-2016
34039CV002B
4-18-2016
34039CV003B
4-18-2016
Preliminary FIRM Database
34039C_PRELIMDB
2-3-2015
34039C_A_PRELIMDB
4-18-2016
(3) 
Other best available data. The Township of Clark 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 Clark. 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 § 166-15C(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 Control Act 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 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 No. 3 List of State Studied Waters
Name of Studied Water
File Name
Map Number
Robinsons Branch 15-1
C0000007
3
Robinsons Branch 15
C0000009
1
Rahway Rv
GGEW0018
1
Milton Lake, Middlesex Reservoir, Robinsons Branch of Rahway Rv
GGEW0021
5
Rahway Rv
GGEW0023
3
Pumpkin Patch Branch
GGEW0028
8
Robinsons Branch
GGEW0029
7
Robinsons Branch
GGEW0030
6
Robinsons Branch, Pumpkin Patch Branch
GGEW0031
5
Robinsons Branch
GGEW0032
4
Milton Lake, Middlesex Reservoir, Robinsons Branch of Rahway Rv
GGEW0033
3
Rahway Rv
GGEW0034
2
Rahway Rv
GGEW0035
1
Pumpkin Patch Branch
GGEW0050
12
Ash Bk Swamp
SUPPX001
ASH-1
Branch 22
SUPPX006
BR22-1
Robinsons Branch
SUPPX017
RB-1
Robinsons Branch
SUPPX018
RB-2
Robinsons Branch
SUPPX019
RB-3
Winding Bk
SUPPX023
W-1
Rahway Rv
GGEW0014p
5
Robinsons Branch
GGEW0026p
10
Pumpkin Patch Branch
GGEW0027p
9
Rahway Rv
GGEW0027p
9
Pumpkin Patch Branch
GGEW0047p
15
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 166-15, 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 § 166-15, 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 § 166-15C(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 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 signed and sealed by a professional engineer licensed in the State of New Jersey and submitted according to §§ 166-41 and 166-42.
(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.