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Township of Independence, PA
Beaver County
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A. 
The identified floodplain area shall be:
(1) 
Any areas of the Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated August 17, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; or
(2) 
Any community-identified flood hazard areas.
B. 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Township and declared to be a part of this chapter.
The identified floodplain area shall consist of the following specific areas:
A. 
The Floodway Area/District identified as floodway in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS.
(1) 
Within any floodway area, encroachments, including fill, new construction, substantial improvements, or other development shall not be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of base flood discharge.
(2) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.
B. 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(1) 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
C. 
A Area/District.
(1) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent annual flood elevations have been provided. For those areas, elevation and floodway information from other federal, state or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(2) 
In lieu of the above, the Township, upon notice to the applicant, may allow/require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
D. 
The Shallow Flooding Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent annual chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures and slopes.
E. 
Community identified flood hazard areas shall be those areas where the municipality has identified local flood hazard or ponding areas, as delineated and adopted on a local flood hazard map using best available topographic data and locally derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
Community-identified flood hazard areas shall be those areas where the Township has identified local flood hazard or ponding areas, as delineated and adopted on a local flood hazard map using best available topographic data and locally derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
The identified floodplain area may be revised or modified by the Township where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data.
In the event that an applicant seeks to dispute any identified floodplain boundary, said applicant may appeal said determination to the Township Zoning Hearing Board within 30 days after such decision is rendered. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in CFR 44 60.3.