The identified floodplain area shall consist of the following
specific areas:
A. The Floodway Area/District shall be those areas identified as "Floodway"
on the FIRM as well as those floodway areas which have been identified
in other available studies or sources of information for those special
flood hazard areas where no floodway has been identified in the FIS.
The floodway 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.
(1) Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2) No new construction or development shall be allowed, unless a permit
is obtained from the Department of Environmental Protection regional
office.
B. AE Area without floodway shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided but no floodway has been determined.
(1) 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 more than one foot at any point.
(2) No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
C. 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.
D. Community identified flood hazard areas shall be those areas where
Hellertown Borough 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.
E. The X Zone shall be those areas identified as other flood areas on
the FIRM and for which have been designated as having 0.2% annual
change flood.
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 to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See §
204-26B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Floodplain Administrator,
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.
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.