[Ord. 2016-01, 2/17/2016]
1.
The Floodplain Conservation District shall be any of the areas of
the Borough of Conshohocken classified as special flood hazard areas
(SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood
Insurance Rate Maps (FIRMs) dated March 2, 2016, 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.
2.
The Floodplain Conservation District shall also include areas with soils listed in § 27-1702, Subsection 1C, along with any community-identified flood hazard areas.
3.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough of Conshohocken
and declared to be a part of this Part.
[Ord. 2016-01, 2/17/2016]
1.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
A.
The Floodway Area/District shall be those areas identified as floodway
on the FIRM as well as those 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.
The floodway represents 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.
(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 analyses 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)
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)
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 and a floodway has been delineated.
(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 the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
C.
A Area/District.
(1)
The A Area/District shall be the 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 sources 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 Floodplain Conservation District which is nearest the construction
site.
(2)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic 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.
E.
Community-identified flood hazard areas shall be those areas where the Borough of Conshohocken has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using the best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.
[Ord. 2016-01, 2/17/2016]
The Floodplain Conservation District may be revised or modified
by the Borough Council of the Borough of Conshohocken where studies
or information provided by a qualified agency or person document 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.
[Ord. 2016-01, 2/17/2016]
Should a dispute concerning any identified boundary arise, an
initial determination shall be made by the Planning Commission of
the Borough of Conshohocken, and any party aggrieved by this decision
or determination may appeal to the Borough Council of the Borough
of Conshohocken. The burden of proof shall be on the appellant.
[Ord. 2016-01, 2/17/2016]
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.
