[Ord. 2012-01, 4/9/2012, § IV.1]
The identified floodplain area shall be any areas of the Township
of Douglass, Berks County 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 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 subsequent revisions
and amendments are hereby adopted by the Township of Douglass, Berks
County and declared to be a part of this Part.
[Ord. 2012-01, 4/9/2012, § IV.2]
1. 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.
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.
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 without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE than one foot at any point.
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 and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
[Ord. 2012-01, 4/9/2012, § IV.3]
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, a community
shall notify the FEMA of the changes by submitting technical or scientific
data.
[Ord. 2012-01, 4/9/2012, § IV.4]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township Engineer
of the Township of Douglass, Berks, 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.
[Ord. 2012-01, 4/9/2012, § IV.5]
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.