The identified floodplain area includes the following areas:
A. Any area of the Township of Germany classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs), dated July 22, 2020, 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. Any community identified flood hazard areas (CIFHAs).
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township of Germany and
declared to be a part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A. Floodway: The Floodway Area shall be those areas identified in the
FIS and the FIRM as floodway and which represent the channel of a
watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without 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 flood hazard areas where no floodway
has been identified in the FIS and FIRM.
B. A Zone: The A Zone 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.
C. AE Zone: The AE Zone 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 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
delineated.
D. AO and AH Zones: The AO and AH Zones shall be those areas identified
as AO and AH Zones on the FIRM and in the FIS. These areas are subject
to inundation by 1% annual chance shallow flooding where average depths
are between one and three feet.
E. Community identified flood hazard areas (CIFHAs) shall be those areas
where the Township of Germany has identified local flood hazard or
ponding areas, as 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.
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 to the special flood hazard area, approval must be obtained from FEMA. Additionally, within no later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See §
95-19 for situations where FEMA notification is required.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
and located either fully or partially within identified floodplain
areas where base flood elevation data is not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevation and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision (CLOMR) and letter of map revision
(LOMR). Submittal requirements and processing fees shall be the responsibility
of the applicant.
Should a dispute concerning any identified floodplain area boundary
arise, an initial determination shall be made by the Township of Germany,
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.
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.