The identified floodplain area shall be any areas of New Freedom
Borough subject to the one-hundred-year flood, which is identified
as Zone A (area of special flood hazard) in the FIS, dated September
25, 2009, and the accompanying Flood Insurance Rate Maps (FIRMs) or
the most recent revision thereof as issued by the FEMA, including
all digital data developed as part of the FIS.
A.
For the purposes of this chapter, the one-hundred-year flood elevation
shall be used as the basis for regulation. When available, information
from other federal, state, and other acceptable sources shall be used
to determine the one-hundred-year elevation, as well as a floodway
area, if possible. When no other information is available, the one-hundred-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.
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.
The identified floodplain area may be revised or modified by
the 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.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough Planning
Commission, and any party aggrieved by this decision may appeal to
the Borough Council. The burden of proof shall be on the appellant.
