The Floodplain Conservation District shall consist of the following
specific areas/districts:
A. The AE Floodway Area shall be those areas identified as "floodway"
within Zone AE on the FIRM as well as those floodway areas which have
been identified in other available studies or sources of information
for those floodplain areas where no floodway has been identified in
the FIS. The floodway 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.
(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 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) No permit shall be granted for any construction, development, use,
or activity within any AE Area 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 than one foot at any point.
(2) 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 regional office.
C. The A Area/District shall be the areas identified as an "A Zone"
on the FIRM included in the FIS prepared by FEMA and for which no
1%-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 Floodplain Conservation
District which is nearest the construction site.
D. 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.
E. 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 Floodplain Conservation District 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 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 by submitting technical or scientific data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough Planning
Commission, and any party aggrieved by this decision or determination
may appeal to 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.