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.
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.
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.
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.
