The identified floodplain area shall be any areas of Marietta Borough classified as special flood hazard areas (SFHAs) in the FIS and the accompanying FIRMs dated April 5, 2016, and issued by FEMA or the most recent revision thereof, including all digital data developed as part of the FIS. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by the Borough 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 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 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 Borough 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 DEP regional office.
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 BFEs 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 BFEs 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 BFE 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 Borough 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 Borough.
The identified floodplain area may be revised or modified by Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. Prior to any change to the special flood hazard area, approval must be obtained from FEMA. As soon as practicable, but not later than six months after the date such information becomes available, the Borough shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
Should a dispute in the floodplain boundary arise, the initial determination shall be made by the floodplain administrator and any appeal from the determination of the floodplain administrator shall be made to the Zoning Hearing Board in accordance with § 171-16B. The burden of proof shall be on the appellant.