[Ord. 2015-O-7, 9/24/2015]
1. 
The identified floodplain area shall consist of the following specific areas:
A. 
Any areas of Newtown Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated March 21, 2017, 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.
[Amended by Ord. 2017-O-1, 3/8/2017]
B. 
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by a Flood Insurance Study, the applicant shall submit a floodplain identification study. The study, prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies, shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of Newtown Township. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.
C. 
Community-identified flood hazard areas.
2. 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Newtown Township and declared to be a part of this chapter.
[Ord. 2015-O-7, 9/24/2015]
1. 
The identified floodplain area shall consist of the following specific areas:
A. 
The Floodway Area/District identified as floodway in the FIS and the FIRM, which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without any increase in the water surface elevation 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 and FIRM.
(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 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.
(2) 
No new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
B. 
The AE Area/District shall be those areas adjacent to the floodway and 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.
(2) 
The AE Area without 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 but no floodway has been determined.
(a) 
No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway 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 at any point.
(b) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
C. 
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. 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 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 Newtown Township.
D. 
For areas adjoining streams, ponds, and lakes not included in the FIS prepared by FEMA, the applicant shall be required to determine the elevation and area of the floodplain with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered 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 municipality. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.
E. 
Community-identified flood hazard areas include areas with floodplain soils listed in the Official Soil Survey provided by the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as soils having a flood frequency greater than none.
[Ord. 2015-O-7, 9/24/2015]
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. However, prior to any such change within the A Area/District or AE Area/District, 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. See § 8-501, Subsection 2, for situations where FEMA notification is required.
[Ord. 2015-O-7, 9/24/2015]
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the floodplain administrator, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
[Ord. 2015-O-7, 9/24/2015]
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community 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.