[Ord. 12-8-97A, 12/8/1997; as amended by Ord. 00027, 4/11/2005;
by Ord. 00076, 4/14/2014; and by Ord. 00087, 3/14/2016]
1. The identified floodplain area shall be:
A. Any areas of the Borough of Akron classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated April 5, 2016, 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 the Akron Official Zoning Map.
2. The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough of Akron and declared
to be a part of this Part. To the extent that the FIS or FIRMs are
inconsistent with the Akron Official Zoning Map, the FIS and FIRMs
shall prevail.
[Ord. 12-8-97A, 12/8/1997; as amended by Ord. 00027, 4/11/2005;
by Ord. 00076, 4/14/2014; and by Ord. 00087, 3/14/2016]
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. 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.
(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.
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.
(2)
The 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's regional office.
[Ord. 12-8-97A, 12/8/1997; as amended by Ord. 00027, 4/11/2005;
by Ord. 00076, 4/14/2014; and by Ord. 00087, 3/14/2016]
The identified floodplain area may be revised or modified by the Borough 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 §
27-1422, Subsection
2, for situations where FEMA notification is required.
[Ord. 12-8-97A, 12/8/1997; as amended by Ord. 00027, 4/11/2005;
by Ord. 00076, 4/14/2014; and by Ord. 00087, 3/14/2016]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Zoning Officer
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board. The burden of proof shall be on the appellant.
[Ord. 12-8-97A, 12/8/1997; as amended by Ord. 00027, 4/11/2005;
by Ord. 00076, 4/14/2014; and by Ord. 00087, 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.