1. Purpose. The purpose of this overlay is to:
A. Promote the general health, welfare, and safety of the community.
B. Minimize danger to public health by protecting water supply and natural drainage.
C. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
D. Comply with Federal and State floodplain management requirements.
E. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
2. Warning and Disclaimer of Liability.
A. The degree of flood protection sought by the provisions of these regulations are considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted, within such area will be free from flooding or flood damages.
B. This Chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that results from reliance on this Chapter or any administrative decision lawfully made thereunder.
3. Identification of Floodplain Areas. The identified floodplain areas shall be those areas of Dover Township, which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated September 25, 2009, and the accompanying maps prepared for Dover Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
4. Description of Floodplain Areas.
A. The identified floodplain area shall consist of the following specific areas:
(1) FW (Floodway Area). The areas identified as “Floodway” in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(2) FF (Flood-Fringe Area). The remaining portions of the 100-year floodplain in those areas identified as an AE Zone where a floodway has been delineated in the Flood Insurance Study. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(3) FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no 100-year flood elevations have been provided. When available, information from other Federal, State, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
B. The Township shall require the applicant to determine the elevation with hydrologic, and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken by professional engineers or others of demonstrated qualification 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 Engineer.
5. Changes in Identification of Area. 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 Federal Emergency Management Agency (FEMA).
6. Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Zoning Officer and any party aggrieved by this decision may appeal to the Zone Hearing Board. The burden of proof shall be on the appellant.
7. Technical Provisions; General.
A. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Applicant, and until all required permits or approvals have been first obtained from the Department of Environmental Protection and the Department of Conservation and Natural Resources or the responsible State agency. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Economic and Community Development shall be notified prior to any alteration or relocation of any watercourse. A copy of all such notifications, permit applications, recommendations and approvals shall be submitted to the Township.
B. Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this Chapter and the Floodplain Building Regulations [Chapter 4, Part 1].
8. Existing Structures in Identified Floodplain Areas. The provisions of this Ordinance do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 4-161 shall apply.
9. Variance Procedures and Conditions. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 27-1003 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the 100-year flood elevation.
(Ord. 2015-06, 9/28/2015)