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/district, encroachments, including fill,
new construction, substantial improvements, or other development shall
not be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practices 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 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) 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.
(a)
No floodplain permit shall be granted for any encroachments,
including fill, new construction, substantial improvements, or other
development shall be permitted in any AE Area/District 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 three inches within the entire community during the occurrence
of the base flood discharge.
(b)
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
base 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 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. 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.
D. The AO and AH Area/District shall be those areas identified as an
AO Zone or AH Zone on the FIRM included in the FIS prepared by FEMA.
These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one and three feet.
In the AO Zone and AH Zone, 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 Township 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
FEMA. Additionally, 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 by submitting technical or scientific
data.
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 Zoning Hearing Board pursuant to the procedures set forth in the Zoning Ordinance (Chapter
27). 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
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.