The identified floodplain area shall be any areas of the Borough
of Ligonier classified as special flood hazard areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs) dated March 17, 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. The
above-referenced FIS and FIRMs, and any subsequent revisions and amendments,
are hereby adopted by the Borough of Ligonier and declared to be a
part of this chapter.
The identified floodplain area may consist of the following
specific areas:
A.
Floodway area.
(1)
Description. 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. 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,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(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,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(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. 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 Ligonier.
D.
Shallow flooding area.
(1)
Description. The areas identified as Zones AO and AH in the FIS.
These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one foot and three
feet.
(2)
Special requirements. Establish drainage paths to guide floodwaters
around and away from structures on slopes.
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 Ligonier Borough
Planning Commission and any party aggrieved by this decision or determination
may appeal to the Council. The burden of proof shall be on the appellant.
