[Ord. 133, 5/10/2012]
1.
The identified floodplain area shall be:
A.
Any areas of the Borough of Shillington classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated July 3, 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.
2.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Borough of Shillington and
declared to be a part of this chapter.
[Ord. 133, 5/10/2012]
1.
The identified floodplain area shall consist of the following specific
areas:
A.
The Floodway Area/District 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 flood hazard areas where no floodway has been identified
in the FIS.
Within any Floodway Area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
No new construction or development shall be allowed herein,
unless a permit is obtained from the Department of Environmental Protection's
regional office.
B.
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
In an AE Area/District without 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.
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent annual chance flood elevations (base flood elevations)
have been provided. For these areas, elevation and floodway information
from other federal, state, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the one-percent annual chance flood elevation (base flood elevation)
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area which is nearest the construction
site.
In lieu of the above, the municipality may require the applicant
to determine the one-percent annual chance flood elevation (base flood
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 municipality.
D.
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent annual chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
2.
No permit shall be granted for any construction, development, use,
or activity within any Floodway Area that would cause any increase
in the BFE.
3.
No permit shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
4.
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's
regional office.
[Ord. 133, 5/10/2012]
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. 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 and shall submit technical or scientific data if such
data are available.
[Ord. 133, 5/10/2012]
Should a dispute concerning any identified floodplain area boundary
location arise, an initial determination shall be made by the Borough
of Shillington floodplain administrator, and any party aggrieved by
this decision or determination may appeal to the Borough of Shillington
Zoning Hearing Board. The burden of proof shall be on the appellant.
[Ord. 133, 5/10/2012]
Prior to development occurring in areas where annexation or
other municipal/corporate boundary changes are proposed or have occurred,
the community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
