The identified floodplain area shall consist of the following
specific areas:
A. Floodway Area/District.
(1) The Floodway Area/District 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.
(a)
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.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
(2) 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.
B. AE Area/District.
(1) 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.
(2) 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. A Area/District.
(1) 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.
(2) 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.
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resources Conservation Service, United
States Department of Agriculture Web-Based Soil Survey, including
the following soils:
H. Urban Land Occasionally Flooded (UlA).
Should a dispute arise concerning the identification of any
floodplain area, an initial determination shall be made by the Planning
Commission, and any party aggrieved by such decision may appeal to
the Council. The burden of proof shall be on the appellant.
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.