A.
The identified floodplain area shall be:
(1)
Any areas of the 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)
Any community-identified flood hazard areas.
B.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Upper Hanover Township and declared
to be a part of this chapter.
A.
Identified floodplain areas shall consist of the following specific
areas as identified on the Township's FIRMs:
(1)
The Floodway Area 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.
(a)
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.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
regional office.
(2)
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.
(a)
In the 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.
(b)
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.
(3)
A Area/District.
(a)
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
identified floodplain area which is nearest the construction site.
(b)
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.
B.
Identified floodplain areas shall consist of soils with a frequency
of flooding of 1% or greater per year, as delineated by the Natural
Resources Conservation Service, United States Department of Agriculture
Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov/),
including the following:
C.
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.
The identified floodplain area designated per § 240-9A 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. Preparation and submittal of all studies and information required by FEMA for changes to the identified floodplain shall be the responsibility of the applicant.
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 Township Zoning Hearing Board. The burden of proof shall be
on the appellant.
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.
