A.
The identified floodplain area shall be any and all 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 July 3, 2012, 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.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and/or amendments, are hereby adopted by the Township and declared
to be a part of this chapter.
A.
The identified floodplain area shall consist of the following specific
areas:
(1)
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 floodplain areas where no floodway has been identified
in the FIS.
(a)
Within any floodway area, no encroachments, including but not
limited to fill, new construction, substantial improvements or other
development, shall 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 community during the occurrence
of the base flood discharge.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(a)
In an AE Area/District without floodway, no new development
shall be permitted unless it can be demonstrated that the cumulative
effect of all past and projected development will not increase the
BFE by more than one foot.
(3)
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-chance flood elevations have been provided.
(a)
For these 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 elevation
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area which is nearest to the construction
site.
(b)
In lieu of the above, the Township may 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.
B.
No permit shall be granted for any construction, development, use,
or activity unless:
(1)
Within any floodway area, no increase in the BFE is caused.
(2)
Within any AE Area/District without floodway, it is demonstrated
that the cumulative effect of the proposed development will not, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
C.
No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse.
The identified floodplain area may be revised or modified by
the Board of Supervisors where studies or information provided by
a qualified agency or person documents the need for such revision;
provided, however, prior to any such change, approval shall be obtained
from FEMA. 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.
Should a dispute concerning any identified floodplain area boundary
arise, an initial determination shall be made by the Floodplain Administrator,
and any party aggrieved by such decision or determination may appeal
to the Zoning Hearing Board. 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 44 CFR 60.3.
