A.
The identified floodplain area shall be any areas of Clarion Borough
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated December 2, 2011, 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 Clarion Borough and declared
to be a part of this chapter.
For the purposes of this chapter, the one-hundred-year flood
elevation shall be used as the basis for regulation. When available,
information from federal, state and other acceptable sources shall
be used to determine the one-hundred-year elevation, as well as a
floodway area, if possible. When no other information is available,
the one-hundred-year elevation shall be determined by using a point
on the boundary of the identified floodplain area which is nearest
the construction site in question. 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 standards. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Borough.
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, 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 Zoning Hearing
Board, and any party aggrieved by this decision may appeal to the
Court of Common Pleas. The burden of proof shall be on the appellant.
