Montgomery City Zoning Code
§ 16-15.2
Applicability.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
General. 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. These regulations are, in part, intended to satisfy Federal requirements in order to make flood insurance available within Montgomery Township.
b.
Establishment of Flood Hazard Areas. Montgomery Township was accepted for participation in the National Flood Insurance Program on April 1, 1981.
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 Township Engineer in the Engineering Department at 100 Community Drive, Skillman, New Jersey, 08558.
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, Somerset County, New Jersey (All Jurisdictions)," dated November 4, 2016, and the accompanying Flood Insurance Rate Maps (FIRM) identified in the following table, whose top level document (appendix map) effective date is November 4, 2016, are hereby adopted by reference, as amended or supplemented from time to time.
Map No. | Effective Date |
|---|---|
34035C0227E | September 28, 2007 |
34035C0228E | September 28, 2007 |
34035C0229E | September 28, 2007 |
34035C0231E | September 28, 2007 |
34035C0232E | September 28, 2007 |
34035C0233E | September 28, 2007 |
34035C0234E | September 28, 2007 |
34035C0236E | September 28, 2007 |
34035C0237E | September 28, 2007 |
34035C0238E | September 28, 2007 |
34035C0239E | September 28, 2007 |
34035C0241E | September 28, 2007 |
34035C0242F | November 4, 2016 |
34035C0243E | September 28, 2007 |
34035C0244F | November 4, 2016 |
34035C0253F | November 4, 2016 |
34035C0261F | November 4, 2016 |
34035C0263F | November 4, 2016 |
2.
Federal Best Available Information. Montgomery Township shall utilize Federal flood information as listed in the table below, as amended and supplemented from time to time, 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 section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Map No. | Preliminary Date |
|---|---|
None available at time this section was adopted |
3.
Other Best Available Data. Montgomery Township shall utilize available high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by Montgomery Township. 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 subsection 16-15.2b1 and 16-15.2b2, 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 subsection 16-15.9, 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.
Name of Studies Water | File Name | Map Number |
|---|---|---|
Millstone River | FHR12006 | ML-6 |
Millstone River | FHR12007 | ML-7 |
Millstone River | FHR12008 | ML-8 |
Millstone River | FHR12009 | ML-9 |
Millstone River | FHR12010 | ML-10 |
Millstone River | FHR12011 | ML-11 |
Van Horn Tributary | H0000023 | 23 |
Cherry Run | H0000024 | 22 |
Millstone River | H0000045 | 1 |
Millstone River, Van Horn Brook | H0000086 | 1 OF 1 |
Pike Run, Cruser Brook | H0000117 | 4 |
Rock Brook, Pike Run | H0000118 | 3 |
Bedens Brook, Van Horn Brook | H0000119 | 2 |
Bedens Brook | H0000120 | 1 |
Bedens Brook | SUPPVIII01 | 1 |
Pike Run | H0000114p | 7 |
Cruser Brook | H0000114p | 7 |
Van Horn Brook | H0000115p | 6 |
Rock Brook | H0000115p | 6 |
Beden Brook | H0000116p | 5 |
Millstone River | H0000122p | 01P |
Van Horn Brook | H0000136p | 15P |
Millstone River | H0000208p | 01P |
Van Horn Brook | H0000210p | 03P |
Millstone River | H2000006p | 01P |
(a)
When State Regulated Flood Hazard Areas are not mapped, Montgomery Township may require the applicant to obtain an applicability determination from NJDEP under N.J.A.C. 7:13-2.5 to determine whether a project is within a 50 acre watershed.
5.
Community Higher Standard. The most restrictive 0.2% annual chance (500-year) effective or preliminary FEMA flood study shall be considered when establishing the Best Available Flood Hazard Data Area.
6.
Community Higher Standard. The Stream Corridor defined in Section 16-16 shall be considered, including the Local Design Flood Elevation plus freeboard, when establishing the Best Available Flood Hazard Data Area.
c.
Establishing the Local Design Flood Elevation (LDFE). The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in subsection 16-5.2b, 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 zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional minimum freeboard as specified by this section.
At a minimum, the Local Design Flood Elevation shall be as follows:
1.
For a delineated watercourse, the higher elevation associated with the Best Available Flood Hazard Data Area determined in subsection 16-5.2b, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2.
For any undelineated watercourse including A Zones (where mapping or studies described in Subsections 16-5.2b1 and 16-5.2b2 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, dated no earlier than July 17, 2023 (NJDEP adoption of the inland flood protection rules) unless re-validated by NJDEP under N.J.A.C. 7:13-5.3(e), 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 subsection 16-15.5b through 16-15.5c.
3.
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.
For Class IV Critical Facilities, 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.
For Class III Critical Facilities, any 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.
