The identified floodplain area shall consist of the following
specific areas:
A. Floodway Area/District.
(1) 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.
(2) 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.
(3) No new construction or development
shall be allowed unless any and all applicable permits have been obtained
from the Department of Environmental Protection regional office.
B. AE Area/District.
(1) 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.
(2) In AE Area/District without
floodway, no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
C. Community-identified flood hazard
areas shall be those areas where Muhlenberg Township may identify
local flood hazard or ponding areas, as may be delineated and adopted
on a Local Flood Hazard Map using best available topographic data
and locally derived information such as flood of record, historic
high-water marks, soils or approximate study methodologies.
D. A Area/District.
(1) 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.
(2) In lieu of the above, Muhlenberg
Township shall 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.
E. No permit shall be granted for
any construction, development, use, or activity within any floodway
area that would cause any increase in the BFE.
F. 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 more than one foot at
any point.
G. 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.
The identified floodplain area may be revised or modified by
the Board of Commissioners 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, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
Should a dispute arise concerning the interpretation of the
location of any identified floodplain boundary line on a specific
property, an initial recommendation shall be made by the Muhlenberg
Township Planning Commission, a determination shall be made by the
Board of Commissioners, 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.
Prior to development occurring in areas where annexation or
other municipal/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 municipal/corporate
boundary changes which meet or exceed those in 44 CFR 60.3.