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 permitted per any current
Township ordinance 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) Within any floodway area, no new construction or development shall
be allowed or otherwise permitted per any current Township ordinance
unless the appropriate permit is obtained from the Department of Environmental
Protection 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 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) 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 within any AE Zone without floodway,
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 development,
together with all other existing and anticipated development, would
not result in an increase in flood levels within the entire community
during the occurrence of the base flood discharge.
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
base 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.
D. In the absence of a FEMA delineated floodplain, 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, 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. In the absence of any of the above data or documentation,
the community may require elevation of the lowest floor to be at least
three feet above the highest adjacent grade.
E. No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, extended for such additional distance from said banks as is or may be subject to inundation by waters of the base flood with an additional "no structure" setback of 50 feet, except as permitted by Chapter
370, , herein.
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 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. See §
186-22B for situations where FEMA notification is required.
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 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.