The identified floodplain area shall consist of the following
specific areas/districts:
A. AE Area/District.
(1) The AE Area/District without floodway shall be those areas identified
as a Zone A1-30 or AE Zone on the FIRM included in the FIS prepared
by FEMA and for which base flood elevations have been provided in
the FIS but no floodway has been delineated.
(2) No permit shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE than one foot at any point.
B. A Area/District.
(1) 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
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the identified floodplain area which is nearest the construction site.
(2) 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.
C. Community-identified flood hazard areas shall be those areas where
the Township of Brookville has identified local flood hazard or ponding
areas, as delineated and adopted on a local flood hazard map using
best available topographic data and locally derived information such
as flood of record, historic high water marks, soils or approximate
study methodologies.
The identified floodplain area may be revised or modified by
the 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 Borough of Brookville
Planning Commission, and any party aggrieved by this decision or determination
may appeal to the Council. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community 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.