The identified floodplain area shall be:
A. 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 March 2, 2016, and issued by the
Federal Emergency Management Agency (FEMA) or the most recent official
version thereof adopted by FEMA, including all digital data developed
as part of the Flood Insurance Study and 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.
For purposes of coordination with the UCC, the identified floodplain
area shall be considered the Flood Hazard Map referenced in IBC 2009
Sec. 1612.
The identified floodplain area shall consist of the following
specific areas:
A. The Floodway Area/District (FW) is 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, 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 a permit
is obtained from the Department of Environmental Protection Regional
Office.
B. 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.
(1) 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 base flood elevation more than one foot at any point.
(2) No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
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 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. In lieu of the above, the municipality 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 Limerick Township.
The identified floodplain area may be revised or modified by
the Limerick Township 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 to the Special Flood Hazard
Area, 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 to
the Special Flood Hazard Area by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain area boundary
arise, an initial determination shall be made by the Limerick Township
Engineer and any party aggrieved by this decision or determination
may appeal to the Limerick Township Board of Supervisors. 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
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.