The identified floodplain area shall consist of the following
specific areas:
A. Floodway area.
(1) Description: the area identified as floodway in the FIS that 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. This term shall also include floodway areas that 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.
(2) Special requirements:
(a)
Any encroachment that would cause any increase in flood heights
shall be prohibited.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
B. Special floodplain area.
(1) Description: the areas identified as Zones AE and A1-30 in the FIS
which are subject to inundation by the one-percent-annual chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
(2) Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
In special floodplain areas without a designated 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.
C. Approximate floodplain area.
(1) Description: the areas identified as Zone A in the FIS that are subject
to inundation by the one-percent-annual-chance flood event determined
using approximate methodologies. Because detailed hydraulic analyses
have not been performed, no BFEs or flood depths are shown.
(2) Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area that is nearest the construction site in
question.
(c)
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 Borough of Derry Engineer.
The identified floodplain area may be revised or modified by
the Derry Borough Council 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 the FEMA of the changes by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Derry Borough
Planning Commission 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.