[Ord. 2015-2, 1/20/2015, § 4.01]
1. 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 16, 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.
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 the Township.
All areas inundated by the one-hundred-year flood shall be included
in the floodplain area.
2. 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.
[Ord. 2015-2, 1/20/2015, § 4.02]
1. The identified floodplain area shall consist of the following specific
areas/districts:
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
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.
(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 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.
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 source 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 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 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 Township. All areas
inundated by the one-hundred-year flood shall be included in the floodplain
area.
E. In any identified floodplain area, no new construction or development,
with the exception of stream crossings for utilities, roads or driveways
where a permit is obtained from the Department of Environmental Protection
Regional Office, shall be located within the area measured 50 feet
landward from the top-of-bank of any watercourse.
[Ord. 2015-2, 1/20/2015, § 4.03]
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 the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, FEMA shall be notified of the changes by submission of technical or scientific data. Refer to §
8-401, Subsection
2, for situations where FEMA notification is required.
[Ord. 2015-2, 1/20/2015, § 4.04]
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. 2015-2, 1/20/2015, § 4.05]
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.