[Ord. 2014-02, 6/2/2014]
1.
The identified floodplain area shall be:
A.
Any areas of Lower Mount Bethel Township, classified as Special Flood
Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated July 16, 2014, 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.
2.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Lower Mount Bethel Township
and declared to be a part of this chapter.
[Ord. 2014-02, 6/2/2014]
1.
The identified floodplain area shall consist of the following specific
areas:
A.
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot 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 flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(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 Township during the occurrence of the base
flood discharge.
(2)
Within any floodway area, 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 Area/District 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.
(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 Area 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 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.
(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 Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base 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 base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
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 municipality.
[Ord. 2014-02, 6/2/2014]
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 to the special flood hazard area, 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 to the special flood hazard area by submitting technical or scientific data. See § 8-501, Subsection 2, for situations where FEMA notification is required.
[Ord. 2014-02, 6/2/2014]
Should a dispute concerning any identified floodplain boundary arise, the application shall be forwarded to the Township Engineer. An initial determination shall be made by the Township Engineer within 60 days of the Township Engineer's receipt of such a dispute in writing from the party aggrieved by the Floodplain Administrator's or other authorized municipal employee or professional consultant's review. Any party aggrieved by the above-referenced determination of the Township Engineer may appeal to the Township Zoning Hearing Board in accordance with the procedures set forth in § 8-311 of this chapter. The burden of proof shall be on the appellant to establish a floodplain boundary inconsistent with the Township Engineer's determination.
[Ord. 2014-02, 6/2/2014]
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.
