The identified floodplain area shall consist of the following
specific areas:
A. 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 floodplain 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
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.
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
one-percent annual chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the 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.
(1)
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 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.
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, approval must be obtained from the FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the FEMA
of the changes by submitting technical or scientific data. See § 54-5.01B
for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Heidelberg Borough
Planning Commission and any party aggrieved by this decision or determination
may appeal to the Borough 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.