[Ord. 565, 11/17/1986; as amended by Ord. 757, 9/4/2007; and by Ord. 855, 8/2/2021. Formerly 27-1721]
1. The
identified floodplain area shall be:
A. Any
areas of the Borough of Selinsgrove, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated November 16, 2007, and August
24, 2021, and issued by the Federal Emergency Management Agency (FEMA)
or the most recent version thereof, including all digital data developed
as part of the Flood Insurance Study.
2. The
above-referenced FIS and FIRMs, and any subsequent revisions and amendments,
are hereby adopted by the Borough of Selinsgrove and declared to be
a part of this Part.
[Ord. 565, 11/17/1986; as amended by Ord. 757, 9/4/2007; and by Ord. 855, 8/2/2021. Formerly 27-1722]
1. The
identified floodplain area shall consist of the following specific
areas:
A. 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.
(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) 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.
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.
(2) The AE Area without 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 but no floodway has been
determined.
(a) No encroachments, including fill, new construction, substantial improvements,
or other development, shall be permitted in an AE Zone without floodway,
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed development, together with all other existing and anticipated
development, would not result in an increase in flood levels of more
than one foot within the entire community during the occurrence of
the base flood discharge.
(b) 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 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. In the absence of any of the
above data or documentation, the Borough may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
D. The
AO and AH Areas/Districts 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.
[Ord. 565, 11/17/1986; as amended by Ord. 757, 9/4/2007; and by Ord. 855, 8/2/2021. Formerly 27-1724]
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, the Borough shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See §
27-1741.2 for situations where FEMA notification is required.
[Ord. 565, 11/17/1986; as amended by Ord. 757, 9/4/2007; and by Ord. 855, 8/2/2021. Formerly 27-1725]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough of Selinsgrove
Planning Commission (See §405 of the Pennsylvania Municipalities
Planning Code, 53 P.S. §10405) and any party aggrieved by this
decision or determination may appeal to the Zoning Hearing Board.
The burden of proof shall be on the appellant.
[Ord. 855, 8/2/2021]
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Borough shall review flood hazard data affecting the lands subject
to boundary changes. The Borough 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.