36A — March 30 - April 12, 2012 — Shopping Centers — Mid Atlantic Real Estate Journal
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R ETAIL E XPERTS
By: Brian Meyers, LANDCORE Engineering Consultants Understanding how floodplains impact land development in PA
I
f you have a water- course on (or near) your development site, then
and development limitations. While it is technically correct to saymunicipalities regulate activities in the floodplain, in reality what the municipali- ties actually regulate is the area known as the flood fringe, which is the area be- tween the floodway boundary and the floodplain boundary. The next logical clarification is the difference between the floodplain and the floodway. FEMA defines the floodway as the channel of a river or other watercourse and the adjacent land that must be preserved in order to dis- charge the base flood without cumulatively increasing the
water surface elevationmore than a designated height. Whereas the floodplain is any area of land susceptible to being inundated by flood waters from any source for a designated storm event. Floodplains, floodways and the resulting flood fringe are defined in three ways: (1) by existing FEMA Flood Insurance Rate Maps; (2) an engineering study approved by the associated municipal- ity and FEMA; (3) assumed to be 50’ from top of stream bank if neither of the first two exist. Municipalities regulate the floodplain (i.e. flood fringe) through ordinances and overlay districts. When developing or planning de- velopment within the flood fringe, the initial contact should be made with the municipality. Most munici- palities will have a floodplain specific ordinance naming the PADEP as the floodway regulator and then outlin- ing the local regulations for the flood fringe. In Pennsyl- vania, development in the floodway is very limited as there can be no impact on the water surface elevation resulting from the proposed development. Municipal regulations for floodplain activities vary widely and must be assessed on a case- by-case basis. As you can see, this whole process can be very confus- ing, but it is an essential to understand since it impacts the development potential of many properties. It is recommended to involve an Engineer with the proper floodplain knowledge and experience early in the dili- gence process and schedule pre-application meetings with the municipality and PADEP for guidance on the applicable regulations. Keep in mind that permitting required for activities occur- ring in the floodplain and/or floodway is separate from, and in addition to, the typi- cal Soil Erosion and NPDES permitting. Meyers is a Senior Proj- ect Manager at LAND- CORE Engineering Con- sultants, PC where he manages site due dili- gence, design and per- mitting activities for land development proj- ects throughout PA and NJ. ■
“The limits of the floodplain can have a significant impact on the development potential of a project site. The limits of the floodplain and associated floodway should be determined very early in the due diligence process to understand development constraints.”
you need to understand the implica- tions of flood- plains. Ev- ery flowing watercourse has a flood- plain; some are very ex- pansive and o t he r s a r e
tial of a project site. The limits of the floodplain and associated floodway should be determined very early in the due diligence process to understand development constraints. In Pennsylvania, develop- ment in floodplains is regu- lated by both municipalities
and the Pennsylvania De- partment of Environmental Protection (PADEP). The floodplain of watercourses in Pennsylvania is often referred to as the “100-year Floodplain”; however this statement can be misleading when attempting to under- stand review jurisdiction
contained to the channel of the watercourse itself. The limits of the floodplain can have a significant impact on the development poten- Brian Meyers
• Project Management
• Development Due Diligence & Feasibility Studies
• Agency Permitting
• Land Development Design
• Construction Phase Services
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