The identified floodplain area shall be any areas of Mount Joy
Township classified as special flood hazard areas (SFHAs) in the FIS
and the accompanying FIRMs dated April 6, 2016, and issued by FEMA
or the most recent revision thereof, including all digital data developed
as part of the FIS. 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.
The identified floodplain area shall consist of the following
specific areas:
A. The floodway area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without 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 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 Township during the occurrence of the base flood discharge.
(2) Within any floodway area, no new construction or development shall
be allowed unless the appropriate permit is obtained from the DEP
Regional Office.
B. The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which BFEs 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 BFEs have been provided and a floodway has been delineated.
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
BFEs 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 BFE 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 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.
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.
Prior to any change to the special flood hazard area, approval must
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 to the special flood hazard
area by submitting technical or scientific data.
Should a dispute in the floodplain boundary arise, the initial determination shall be made by the Floodplain Administrator, and any appeal from the determination of the Floodplain Administrator shall be made to the Zoning Hearing Board in accordance with §
70-30B. The burden of proof shall be on the appellant.