[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
1.
For the purposes of this flood hazard area regulations, the areas
considered to be flood prone (that is, the Flood Hazard Areas [Overlay
District]) within Lower Macungie Township shall be those areas identified
as being subject to the five-hundred-year flood in the Flood Insurance
Study prepared for the Township by the Federal Insurance Administration
(FIA), dated November 7, 2001, or any subsequent official date of
said study by the FIA.
2.
These flood prone areas are identified, for the purposes of these
flood hazard area regulations. (See Part 7, "Definitions.")
3.
To determine the one-hundred-year flood elevation or the five-hundred-year
flood elevation for any site or point in the Township, the elevation
at any given point on the boundary of the flood prone areas that is
nearest the site or point shall be used and the elevation determined
from benchmark elevations given in the Flood Insurance Study noted.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
Flood prone areas as defined in these Regulations may be revised
or modified by the Zoning Hearing Board if studies provided by a qualified
person or agency demonstrate the need for such a revision, provided
no modification or revision of such areas shall be made without the
prior written approval of the Federal Insurance Administrator.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
Should a dispute arise concerning the boundary of any flood
prone area, the initial determination shall be made by the Zoning
Officer and any party aggrieved by his determination may appeal to
the Zoning Hearing Board as provided herein. The burden of proof concerning
the location of any flood prone area shall be on the applicant.
