The identified floodplain area shall be any areas of the Borough,
subject to the one-hundred-year flood, which is identified as Zone
A (Area of Special Flood Hazard) in the FIS, dated September 25, 2009,
and the accompanying Flood Insurance Rate Maps (FIRMs) or the most
recent revision thereof as issued by FEMA, including all digital data
developed as part of the FIS.
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 Flood Insurance Study 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 FIS.
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.
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. 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.
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 FEMA.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough Planning
Commission, and any party aggrieved by this decision or determination
may appeal to the Borough Council. The burden of proof shall be on
the appellant.
