The FCD shall consist of the following specific zones:
A. Floodway Zone. The Floodway Zone shall be those areas identified
as "floodway" on the FIRMs as well as those 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. The floodway 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.
(1)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses in accordance with Article
2 of this chapter relating to Subsection
G, Hydrologic and hydraulic analyses, of §
108-202, Applicability, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
No new construction or development shall be allowed, unless
a permit is obtained from the PA DEP regional office.
B. Zone AE. Zone AE shall be those areas identified as "Zone AE" on
the FIRMs included in the FIS prepared by FEMA and for which BFEs
have been provided in the FIS. No permit shall be granted for any
construction, development, use, or activity within any Zone AE unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
C. Community-identified flood hazard areas zone. Community-identified
flood hazard areas shall be those areas where the Township of Lower
Moreland 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.
D. Zone A. Zone A shall be the areas identified as "Zone A" on the FIRMs included in the FIS prepared by FEMA and for which no one-percent-annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source 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 FCD which is nearest the construction site. In lieu of the above, the Township of Lower Moreland may require the applicant to determine the elevation with hydrologic and hydraulic analyses in accordance with Article
2 of this chapter relating to Subsection
G, Hydrologic and hydraulic analyses, of §
108-202, Applicability.
The FCD may be revised or modified by the LMT BOC 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, a community shall notify FEMA of the changes by submitting
technical or scientific data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township Engineer.
Any party aggrieved by this decision or determination may appeal to
the LMT BOC. 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 of Lower Moreland shall review flood hazard data affecting
the lands subject to boundary changes. The Township of Lower Moreland
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.