[Ord. No. 2012-XX, 7-31-2012]
1.
The identified floodplain area shall be any areas of Borough of Wyoming,
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated November 2, 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 Borough of Wyoming and declared
to be a part of this Chapter.
[Ord. No. 2012-XX, 7-31-2012]
The identified floodplain area shall consist of the following
specific areas:
1.
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 floodplain hazard areas where no floodway has been
identified in the FIS.
A.
With any floodway area, encroachments, including fill, new constructions,
substantial improvements, or other development shall not 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.
B.
No new construction or development shall be allowed, unless a permit
is obtained from the Department of Environmental Protection Regional
Office.
2.
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 evaluations have been provided in the FIS but
no floodway has been delineated.
A.
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.
B.
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.
3.
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 have been provided. For these areas, elevation and
floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the 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 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.
4.
The Shallow Flooding Area/District shall be those area 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 foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
[Ord. No. 2012-XX, 7-31-2012]
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 to the special flood hazard area, approval must
be obtained from the FEMA. Additionally, as soon as practicable, but
not later than six months after the date such information becomes
available, a community shall notify the FEMA of the changes to the
special flood hazard area by submitting technical or scientific data.
[Ord. No. 2012-XX, 7-31-2012]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Borough of Wyoming
Planning Commission or their authorized designee and any party aggrieved
by this decision or determination may appeal to the Borough Council.
The burden of proof shall be on the appellant.
