[Ord. 1030, 3/14/2016]
The Floodplain Conservation District shall be any areas of the Borough classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated March 2, 2016, and issued by the Federal Emergency Management Agency (FEMA), including all digital data developed as part of the Flood Insurance Study, and all subsequent revisions and amendments thereto. The Floodplain Conservation District shall also include the areas with soils as set forth under § 27-502, Subsection 4, and any community-identified flood hazard areas. The above-referenced FIS and FIRMs, and all subsequent revisions and amendments thereto, are hereby adopted by the Borough and declared to be a part of this Part. The Floodplain Conservation District shall be shown on the Zoning Map, which shall also be designated the "Borough of Hatboro Floodplain Conservation District Map" and shall be available to the public in the Borough Municipal Building.
[Ord. 1030, 3/14/2016]
1. 
The Floodplain Conservation District shall consist of the following specific areas:
A. 
The Floodway Area/District (FW) is identified as floodway in the FIS which 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. 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.
(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's regional office.
B. 
The AE Area/District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.
(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 base flood elevation more than one foot at any point.
(2) 
Unless a permit is first obtained from the Department of Environmental Protection's regional office, the minimum setback of all structures from the center line of all watercourses shall be determined by the maximum front, rear, or side yard requirements in the applicable section of this chapter, except where conditions of this Part prescribe a greater setback.
C. 
Community-identified flood hazard areas shall be those areas where the Borough of Hatboro has identified local flood hazard or ponding area, as delineated and adopted on a "local flood hazard map" using best-available topographical data and logically derived information such as flood of record, historic high-water marks, soils or approximate study methodologies.
[Ord. 1030, 3/14/2016]
The Floodplain Conservation District may be revised or modified by the Borough Council of the Borough of Hatboro 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.
[Ord. 1030, 3/14/2016]
Should a dispute concerning any Floodplain Conservation District boundary arise, an initial determination shall be made by the Borough of Hatboro Planning Commission, and any party aggrieved by this decision or determination may appeal to the Borough Council of the Borough of Hatboro. The burden of proof shall be on the appellant.
[Ord. 1030, 3/14/2016]
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.