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 flood hazard areas where no floodway has been identified
in the FIS.
(1)
Within any floodway area, encroachments, including fill, new
construction, substantial improvements, or other development shall
not 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 without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(1)
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 more 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 a permit is obtained from the Department of Environmental Protection
regional office.
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
1% annual chance 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.
D. The shallow flooding 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 1% 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 Plymouth 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.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Plymouth Borough
Zoning Hearing Board and any party aggrieved by this decision or determination
may appeal to the Plymouth 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.