[Ord. 722, 2/19/2015]
1.
The identified floodplain area shall consist of the following specific
areas:
A.
Any areas of Warminster 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.
B.
For areas abutting streams and watercourses where the one-hundred-year
floodplain (one-percent annual chance flood) has not been delineated
by a Flood Insurance Study, the applicant shall submit a floodplain
identification study. The study prepared by a registered professional
engineer expert in the preparation of hydrologic and hydraulic studies
shall be used to delineate the one-hundred-year floodplain. The floodplain
study shall be subject to the review and approval of Warminster Township.
All areas inundated by the one-hundred-year flood shall be included
in the floodplain area.
2.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Warminster Township and declared
to be a part of this chapter.
[Ord. 722, 2/19/2015]
The identified floodplain area shall consist of the following
specific areas:
A.
The floodway district identified as floodway in the FIS and the FIRM
which represents the channel of a watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
any increase in the water surface elevation 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 floodplain
areas where no floodway has been identified in the FIS and FIRM.
(1)
Within any floodway district, 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 Township during the occurrence of the base
flood discharge.
(2)
No new construction or development shall be allowed, unless the appropriate
permit is obtained from the Department of Environmental Protection
Regional Office.
B.
The AE District shall be those areas adjacent to the floodway and
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 District 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 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 base flood elevation 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.
The A District shall be those 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
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 Warminster Township.
D.
For areas adjoining streams, ponds, and lakes not included in the
FIS prepared by FEMA, the applicant shall be required to determine
the elevation and area of the floodplain with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by registered 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. All
areas inundated by the one-hundred-year flood shall be included in
the floodplain area.
[Ord. 722, 2/19/2015]
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 within the A District or AE District, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data. See § 9-501, Subsection 2, for situations where FEMA notification is required.
[Ord. 722, 2/19/2015]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the 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.
[Ord. 722, 2/19/2015]
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Township shall review flood hazard data affecting the lands subject
to boundary changes. The Township 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.
