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 FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, the applicant shall notify 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 Kutztown
Planning Commission, and any party aggrieved by this decision or determination
may appeal to the Borough Zoning Hearing Board. 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.