Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 270-63 Purpose.

The purpose of these zones is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A. 
Regulating uses, activities, and development that, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
B. 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
C. 
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

§ 270-64 Warning and disclaimer of liability.

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain zones, or that land uses permitted within such zones will be free from flooding or flood damages. This chapter shall not create liability on the part of West Manheim Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 270-65 Establishment of floodplain zones.

A. 
Description of zones.
(1) 
Basis of zones. The identified floodplain area shall be any areas of West Manheim Township, subject to the one-hundred-year flood, which will be identified as "Zone A (Area of Special Flood Hazard)" in the Flood Insurance Study (FIS) as finalized and dated on or before September 25, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
(a) 
FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b) 
FF (Flood-Fringe Area):
[1] 
The remaining portions of the one-hundred-year floodplain in those areas identified as an "AE Zone" in the Flood Insurance Study, where a floodway has been delineated.
[2] 
The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(c) 
FA (General Floodplain Area):
[1] 
The areas identified as "Zone A" in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[2] 
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 Township.
(2) 
Overlay concept.
(a) 
The aforementioned floodplain zones shall be overlays to the existing underlying zones, and as such, the provisions for the floodplain zones shall serve as a supplement to the underlying zone provision. A map entitled "Zoning Overlays"[1] has been provided with this chapter for general informational purposes only and shall not be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(b) 
Where there happens to be any conflict between the provisions or requirements of any of the floodplain zones and those of any underlying zone, the more restrictive provisions and/or those pertaining to the floodplain zones shall apply.
(c) 
In the event any provision concerning a floodplain zone is declared inapplicable as a result of any legislative or administrative actions of judicial discretion, the basic underlying zone provisions shall remain applicable.
B. 
Inclusion in Zoning Map. The boundaries of the floodplain zones are established as shown on the Flood Insurance Rate Maps, dated September 25, 2009, or latest revision, issued by the Federal Emergency Management Agency (FEMA). Said map is hereby incorporated into and made a part of the Official Zoning Map of West Manheim Township. A copy of said map shall be kept on file at the Township office and be available for inspection during regular office hours.
C. 
Zone boundary changes. The delineation of any of the floodplain zones may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the FEMA or its successor agency.
D. 
Interpretation of zone boundaries. Initial interpretations of the boundaries of the floodplain zones shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the zones, the person questioning or contesting the location of the zone boundary shall be given a reasonable opportunity to present his case to the Township Zoning Hearing Board and to submit his own technical evidence if he so desires. Should the person choose to seek a variance to the zoning regulations to accommodate his development, he must follow the procedures to present his case to the Zoning Hearing Board. Should the person choose to have the zone boundary changed to reflect more accurate flooding data, he must follow the procedures to present his case to the Board of Supervisors for a zoning amendment.

§ 270-66 Compliance with provisions. [1]

All uses, activities, landfilling and development occurring within any floodplain zone shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as Chapter 110, Construction Codes, Uniform, and Chapter 235, Subdivision and Land Development, of the Code of the Township of West Manheim.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).