A Area/District.

(a) 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 Flood Hazard District 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. In the absence of any of the above data or documentation, the Township may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.

Changes in identification of area. 
The Flood Hazard District 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 § 208-15.1J(1) for situations where FEMA notification is required.

Rules for interpreting boundaries; boundary disputes.
 

(1) The boundaries of the Flood Hazard District Area shall be determined by scaling distances from the flood hazard maps maintained by the Township. Where interpretation is needed to determine the exact location of the boundaries of the district as shown on the flood hazard map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Hearing Board shall, on appeal to it, make the necessary interpretation. The person contesting the location of the district boundary shall have the burden of establishing that land does not lie within the Flood Hazard District Area.

(2) Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township 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.

Jurisdictional boundary changes.
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.
 

Compliance. No structure, land or water shall hereafter be used and no structure shall be located, extended, converted or structurally altered in the Flood Hazard District Area unless full compliance with the terms of this chapter and other applicable regulations is demonstrated by the applicant.

 

Permits.

Permits shall be required before any construction or development is undertaken within any area of the Township.

(a) The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and Chapter 80, Building Construction, of the Township Code, shall apply to this article to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(b) The requirements of 34 Pa. Code Chapters 401-405, as amended, and the 2009 IRC (Sections R102.7.1, R105.3.1, R105.3.1.1, and Appendixes E and J) or the latest revision thereof and the 2009 IBC (Sections 101.3, 3403.1, and Appendix G) or the latest revision thereof shall also be utilized in conjunction with the provisions of this section.
 

State and federal permits.

Prior to the issuance of any zoning permit, the Building Permit Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Law (Act 1937-394, as amended); and the United States Clean Water Act, Section 404, 33 U.S.C. 1344. No permit shall be issued until this determination has been made.
 

Liability. Neither the approval or granting of any construction permit or proposed subdivision or land development plan involving any land governed by the provisions of this section, by an officer, employee or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township, or its employees, officials or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, or cause action against such public body, official or employee for any damage that may result pursuant thereto.
 

If a variance is sought in the Flood Hazard District Area, the Zoning Hearing Board shall determine that the standards and criteria enumerated in § 910.2 of the MPC are met before granting the request.
 

As part of a petition for a variance hereunder, the applicant shall furnish such of the following material as the Township Engineer shall deem necessary for a complete consideration of the matter by the Zoning Hearing Board.

(a) Plans drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; and photographs or drawings showing existing uses and vegetation, soil types and other pertinent information.
(b) A series of cross sections at such intervals as the Township Engineer may deem necessary along the lot shoreline, showing the stream channel or the lake or pond bottom, elevation of adjoining land areas to be occupied by the proposed uses and high-water information.
(c) Profile showing the slope of the bottom of the channel, lake or pond.
(d) Specifications for building materials and construction, floodproofing, filling, dredging, grading, landscaping, storage, water supply and sanitary facilities.
(e) Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.
(f) The proposed lowest floor elevation of any proposed building and base flood elevation based upon North American Vertical Datum of 1988.
 

Reports. See § 208-15C(3) for details.

 

In any case where the Zoning Hearing Board shall grant a variance to permit the erection of a structure in the Flood Hazard District Area and it shall appear that such premises is to be offered for sale or lease or the Zoning Hearing Board grants a variance to permit a change in nonconforming use of a structure already existing in the Flood Hazard District Area and it shall appear that the premises is to be offered for sale or lease, the Zoning Hearing Board shall, for the protection of prospective purchasers and lessees, impose the following conditions:

(a) Require the applicant to advise prospective purchasers and/or lessees that the lot is located, either entirely or partially, as the case may be, in the Flood Hazard District Area.
(b) Require that, before settlement or change in a nonconforming use, as the case may be, may take place, the purchaser or lessee shall signify in writing that he has been advised that the premises lies partially or entirely in the Flood Hazard District Area, and a signed copy of such signification shall be delivered to the Township.
(c) Where the premises are to be conveyed, the deed shall contain the following provision: "This lot is entirely (partially) within the Flood Hazard District Area of the Township of Tredyffrin, Chester County, Pennsylvania."

Variances may only be granted upon:

(a) Showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances or cause fraud on or victimization of the public; and

(d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
 

Whenever a variance is granted, the Township Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance; and
(b) Such variances may increase the risks to life and property.

Procedural duties of floodplain administrator. See § 208-15G for details.
Application procedures and requirements. See § 208-15H for detailed information.

 

Review by Chester County Conservation District.
A copy of all applications and plans for any proposed construction or development in any Flood Hazard District Area to be considered for approval may be submitted by the floodplain administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the floodplain administrator for possible incorporation into the proposed plan.

Review of application by others.
A copy of all plans and applications for any proposed construction or development in any Flood Hazard District Area to be considered for approval may be submitted by the floodplain administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.

Changes.
After the issuance of a permit by the floodplain administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to floodplain administrator for consideration.

Placards. See 208-15L for details.
Start of construction. § 208-15M for a construction schedule.
Enforcement. See § 208-15N for details.

 

(1) Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
(2) Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and any other local ordinance.
(3) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.
 

See Article V: Flood Hazard Districts for more information on floodplain areas and associated regulations.
See Permits and Inspections for more information.
See Stormwater and Grading Permits for more information.