[Ord. 16-01, 3/28/2016, § 4.01]
1.
The Floodplain Conservation District shall be any areas of New Hanover
Township 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.
3.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by New Hanover Township and declared
to be a part of this chapter.
[Ord. 16-01, 3/28/2016, § 4.02]
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 the 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 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.
(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 without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(1)
In AE Area/District without floodway, no new development shall
be permitted unless it can be demonstrated that the cumulative effect
of all past and projected development will not increase the BFE by
more than one foot.
(2)
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.
C.
Community Identified Flood Hazard Areas shall be those areas where
New Hanover Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high water marks, soils or approximate
study methodologies.
D.
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
source 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.
E.
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 municipality.
F.
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 foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
[Ord. 16-01, 3/28/2016, § 4.03]
The Floodplain Conservation District 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, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
[Ord. 16-01, 3/28/2016, § 4.04]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the New Hanover Township
Planning Commission and any party aggrieved by this decision or determination
may appeal to the New Hanover Township Board of Supervisors. The burden
of proof shall be on the appellant.
[Ord. 16-01, 3/28/2016, § 4.05]
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.
