[Amended 5-23-2017 by Ord. No. 2017-10]
The identified floodplain area shall be any areas of Millcreek
Township classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated June 7, 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.
The above-referenced FIS and FIRMs, and any revisions and amendments
to them subsequently made are hereby adopted by Millcreek Township
and declared to be a part of this Part 7.
The identified floodplain area shall consist of the following
specific areas:
A. Floodway area. In a floodway area, as defined in Article
VIII:
(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.
[Amended 5-23-2017 by Ord. No. 2017-10]
(2) No new construction or development shall be allowed, unless a permit
is obtained from the Department of Environmental Protection Regional
Office.
B. AE Area/District. In an AE Area, as defined in Article
VIII:
[Amended 5-23-2017 by Ord. No. 2017-10]
(1) No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse.
(2) Provided, however, that in AE Areas Without Floodway (as defined in Article
VIII), no new development shall be permitted unless the applicant can demonstrate that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
C. A Area/District. In an A Area (defined in Article
VIII):
(1) No new construction or development shall be located within the area
measured 50 feet landward from the top of bank of any watercourse.
(2) When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
(3) 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.
D. Zones VE and V1-30. In Zones VE and V1-30, as defined in Article
VIII:
[Added 5-23-2017 by Ord.
No. 2017-10]
(1) The elevation of the bottom of the lowest horizontal member of the lowest floor (excluding piling and columns) of all new and substantially improved structures must be obtained and a record of such shall be maintained by the Floodplain Administrator as designated in §
70-60.
E. AO and AH Area. In Zones AO and AH, as defined in Article
VIII:
[Added 5-23-2017 by Ord.
No. 2017-10]
(1) Drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
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, 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.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township's 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.