The identified floodplain area shall consist of the following
specific areas:
1. 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.
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. Within any floodway area, no
new construction or development shall be allowed, unless the appropriate
permit is obtained from the Department of Environmental Protection
Regional Office.
2. 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.
A. 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.
3. 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. 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.
4. The AO and AH Area/District shall
be those areas identified as Zones AO and AH on the FIRM and in the
FIS. These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one and three feet.
In Zones AO and AH, drainage paths shall be established to guide floodwaters
around and away from structures on slopes.
The identified floodplain area may be revised or modified by
the 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 § 8-501.2
for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough of Homestead
and any party aggrieved by this decision or determination 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.