A.
The identified floodplain area shall be:
(1)
Any
areas of Borough of Darby classified as Special Flood Hazard Areas
(SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood
Insurance Rate Maps (FIRMs) dated November 18, 2009, and issued by
the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(2)
Any
community-identified flood hazard areas.
B.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Borough of Darby and declared
to be a part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A.
The Floodway Area shall be those areas identified in the FIS and
FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include 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 and FIRM.
(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.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations are provided.
(1)
The AE Area adjacent to the 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 and a floodway has
been delineated.
(2)
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.
(a)
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 at any point.
(b)
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 and is consistent with the Borough's Act
167 Stormwater Management Ordinance.
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 base flood
elevations have been provided. For these areas, elevation and floodway
information from other federal, state, or other acceptable sources
shall be used when available. Where other acceptable information is
not available, the base flood 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.
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by one-percent-annual-chance shallow flooding where average depths
are between one foot and three feet. In Zones AO and AH, drainage
paths shall be established to guide floodwaters around and away from
structures on slopes.
E.
Community-identified
flood hazard areas shall be those areas where Borough of Darby 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 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 § 77-19B
for situation 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 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.
