The identified floodplain area shall be:
A. Any areas
of Bristol Township classified as special flood hazard areas (SFHAs)
in the flood insurance study (FIS) and the accompanying flood insurance
rate maps (FIRMs) dated March 16, 2015, 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; and
B. Any community
identified flood hazard areas.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Bristol Township and declared
to be a part of this chapter.
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The identified floodplain area shall consist of the following
specific areas:
A. 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.
(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,
or other acceptable means, 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.
(2) Within
any floodway area, no new construction or development shall be allowed,
unless written consent 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) 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 determined.
(a) 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.
(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 written consent 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 sources shall be used
when available. Where other acceptable information is not available,
the base flood 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 AO
and AH 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 1% annual chance shallow flooding where average depths are between
one feet and three feet. In Zones AO and AH, drainage paths shall
be established to guide floodwaters around and away from structures
on slopes.
E. Community
identified flood hazard areas shall be those areas where Bristol Township
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 Council where studies or information provided by a qualified agency or person document the need for such revision. However, prior to any such change to the special flood hazard area, 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 to the special flood hazard area by submitting technical or scientific data. See §
68-23B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township of Bristol
and any party aggrieved by this decision or determination may appeal
to the Council. 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 C.F.R. Section 60.3.