A.
The identified floodplain area shall be: any areas of Boyertown Borough
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated July 3, 2012, and issued by the Federal Emergency Management
Agency (FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Boyertown Borough and declared
to be a part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A.
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 (base 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 one-percent annual
chance flood elevation (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 one-percent annual chance flood elevation (base flood 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.
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 a permit is obtained from the Department of Environmental Protection
Regional Office.
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.
Should a dispute concerning any identified floodplain area boundary
location arise, an initial determination shall be made by the Boyertown
Borough floodplain administrator and any party aggrieved by this decision
or determination may appeal to the Boyertown Borough Zoning Hearing
Board. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other municipal/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.
