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Township of Millcreek, PA
Erie County
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Code
New Laws (3) Index
[Amended 5-23-2017 by Ord. No. 2017-10]
The identified floodplain area shall be any areas of Millcreek Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated June 7, 2017, 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.
The above-referenced FIS and FIRMs, and any revisions and amendments to them subsequently made are hereby adopted by Millcreek Township and declared to be a part of this Part 7.
The identified floodplain area shall consist of the following specific areas:
A. 
Floodway area. In a floodway area, as defined in Article VIII:
(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 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.
[Amended 5-23-2017 by Ord. No. 2017-10]
(2) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
B. 
AE Area/District. In an AE Area, as defined in Article VIII:
[Amended 5-23-2017 by Ord. No. 2017-10]
(1) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2) 
Provided, however, that in AE Areas Without Floodway (as defined in Article VIII), no new development shall be permitted unless the applicant can demonstrate that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
C. 
A Area/District. In an A Area (defined in Article VIII):
(1) 
No new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse.
(2) 
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(3) 
In lieu of the above, the Township 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.
D. 
Zones VE and V1-30. In Zones VE and V1-30, as defined in Article VIII:
[Added 5-23-2017 by Ord. No. 2017-10]
(1) 
The elevation of the bottom of the lowest horizontal member of the lowest floor (excluding piling and columns) of all new and substantially improved structures must be obtained and a record of such shall be maintained by the Floodplain Administrator as designated in § 70-60.
E. 
AO and AH Area. In Zones AO and AH, as defined in Article VIII:
[Added 5-23-2017 by Ord. No. 2017-10]
(1) 
Drainage paths shall be established to guide floodwaters around and away from structures on slopes.
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, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify the FEMA of the changes by submitting technical or scientific data.
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township's Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.