[Ord. 808, 8/11/2015]
1. 
The identified floodplain area shall be:
A. 
Any areas of the Borough of Beaver classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated August 17, 2015, 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
B. 
Any community-identified flood hazard areas.
2. 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough of Beaver and declared to be a part of this chapter.
[Ord. 808, 8/11/2015]
1. 
The identified floodplain area shall consist of the following specific areas:
A. 
The Floodway Area shall be those areas identified in the FIS and the 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 new development shall be permitted, including fences, with the exception of two-wire fences, except where 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) 
Within any Floodway Area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(3) 
Permitted Uses. In the Floodway Area/District, the following uses and activities are permitted, provided that they are in compliance with this chapter and the provisions of the underlying zoning district and are not prohibited by this chapter or any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment:
(a) 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b) 
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, boat-launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas.
(c) 
Residential yard areas, gardens, play areas and pervious parking areas.
(d) 
Industrial and commercial yard areas, gardens, play areas, and pervious parking and loading areas.
(4) 
Uses Permitted by Special Exception.
(a) 
The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinances:
1) 
Structures accessory to the uses and activities herein.
2) 
Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
3) 
Water-related uses and activities, such as marinas, docks, wharves and piers.
4) 
Extraction of sand, gravel and other materials.
5) 
Temporary uses, such as circuses, carnivals and similar activities.
6) 
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, and provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
7) 
Other similar uses and activities.
(b) 
All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in this chapter and in all other applicable Borough codes and ordinances.
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 have been 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.
C. 
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. 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 the Borough of Beaver 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.
[Ord. 808, 8/11/2015]
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 § 8-401, Subsection 2, for situations where FEMA notification is required.
[Ord. 808, 8/11/2015]
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.
[Ord. 808, 8/11/2015]
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.