[Ord. 349, 3/20/2017]
(a) 
The identified floodplain area shall be:
(1) 
Any areas of the Township of Lower Heidelberg, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 3, 2012, and 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.
(b) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Township of Lower Heidelberg and declared to be a part of this chapter.
[Ord. 349, 3/20/2017]
The identified floodplain area shall consist of the following specific areas:
(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 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 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 the applicant demonstrates to the satisfaction of the Floodplain Administrator (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 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.
(i) 
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, 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 of more than one foot within the entire community during the occurrence of the base flood discharge.
(ii) 
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 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 source shall be used when available. Where other acceptable information is not available, the 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 the municipality.
(d) 
The Shallow Flooding Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(e) 
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.
[Ord. 349, 3/20/2017]
The identified floodplain area may be revised or modified by the Board of Supervisors by duly adopted ordinance, where studies or information provided by a qualified agency or person document the need for such revision. However, prior to any such change, 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, the Township shall notify the FEMA of the changes by submitting technical or scientific data. See § 501(b) for situations where FEMA notification is required.
[Ord. 349, 3/20/2017]
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator. Any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the party contesting the boundary established on the FIS, the accompanying FIRMs and Local Flood Hazard Map and/or the determination of the Floodplain Administrator regarding the same.
[Ord. 349, 3/20/2017]
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.