The identified floodplain area shall be any area of the Borough
of Lewistown classified as special flood hazard areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs) dated August 16, 2006, 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 Flood Insurance Study and Flood Insurance Rate Maps,
and any subsequent revisions and amendments thereto, are hereby adopted
by the Borough of Lewistown and declared to be a part of this chapter.
The identified floodplain area shall consist of the following
specific areas:
A.
FW (Floodway Area): the areas identified as "floodway" in the AE
Zone in the FIS prepared by the FEMA. The term shall also include
floodway areas which have been identified in other available studies
or sources of information for those floodplain areas where no floodway
has been identified in the Flood Insurance Study.
B.
FF (Flood-Fringe Area): the remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the FIS, where
a floodway has been delineated. The basis for the outermost boundary
of this area shall be the one-hundred-year flood elevations as shown
in the flood profiles contained in the Flood Insurance Study.
C.
FE (Special Floodplain Area): the areas identified as Zone AE in
the FIS, where one-hundred-year flood elevations have been provided,
but no floodway has been delineated.
D.
FA (General Floodplain Area): the areas identified as Zone A in the
FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other 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:
(1)
In lieu of the above, the Borough of Lewistown 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.
The identified floodplain area may be revised or modified by
the Borough Council of the Borough of Lewistown 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 Federal Emergency Management Agency (FEMA). Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal
Emergency Management Agency (FEMA) by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough Planning
Commission; any party aggrieved by the decision of the Borough Planning
Commission may appeal the decision to Borough Council within 30 days
of the determination by the Borough Planning Commission, and if aggrieved
by the decision of the Borough Council, such decision may be further
appealed within 30 days thereof to the Zoning Hearing Board. The burden
of proof is on the appellant.
