A.
The identified floodplain area is an overlay zoning district and
shall be any areas of the Borough of Middletown classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs), dated August 2,
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 Borough of Middletown and declared
to be a part of this chapter.
C.
Supplemental floodplain areas are areas not identified in the FIS
but where Borough of Middletown has determined the area to merit additional
regulation under this chapter. These areas are identified on the Borough
of Middletown supplemental floodplain identification map.
The identified floodplain area shall consist of the following
specific areas:
A.
Floodway area.
(1)
Description.
(a)
The area 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.
(b)
This term shall also include floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS.
B.
Special floodplain area.
(1)
Description. The areas identified as Zones AE and A1-30 in the FIS,
which are subject to inundation by the one-percent-annual-chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
(2)
Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top of bank of any watercourse.
(b)
In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
C.
Approximate floodplain area.
(1)
Description. The areas identified as Zone A in the FIS, which are
subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(2)
Special requirements:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top of bank of any watercourse.
(b)
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
(3)
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 Borough of Middletown.
D.
Supplemental floodplain area (SA).
(1)
Description. Areas not identified in the FIS but where Borough of
Middletown has determined the area to merit additional regulation
under this chapter.
(2)
Special requirements. No new construction or development shall be
located within the area measured 50 feet landward from the top of
bank of any watercourse.
The identified floodplain area may be revised or modified by
the Borough Council, with recommendations by the Planning Commission
and Borough Engineer, 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 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 Floodplain Administrator
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.
