Wellsboro City Zoning Code
PART 13
FLOODPLAIN MANAGEMENT PROVISIONS
§ 27-1301 Identification of Floodplain Area.
[Ord. No. 688, 6/4/2018]
The identified floodplain area shall be any areas of the Borough of Wellsboro classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 16, 2015 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.
§ 27-1302 Description of Floodplain Area.
[Ord. No. 688, 6/4/2018]
The identified floodplain area shall consist of the following specific areas:
1.
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent 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 and FIRM.
A.
Any encroachments whatsoever that would cause any increase in flood height shall be prohibited 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 shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
A.
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
B.
AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
(1)
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.
(2)
In special floodplain areas without a designated floodway, no new development shall be permitted un less it can be demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation (BFE) by more than one foot.
3.
The A Area/District. The areas identified as Zone A on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas elevation and floodway information from other Federal, State, or other applicable 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.
A.
In lieu of the above, the Borough of Wellsboro 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 through technical review by the Municipality.
4.
Community Identified Flood Hazard Areas shall be those areas where the Borough of Wellsboro has identified local flood hazard or ponding areas as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study.
§ 27-1303 Changes in Identification of Area.
[Ord. No. 688, 6/4/2018]
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 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, the Borough shall notify the FEMA of the changes by submitting technical or scientific data.
§ 27-1304 Boundary Disputes.
[Ord. No. 688, 6/4/2018]
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Borough of Wellsboro, and any party aggrieved by this decision or determination may appeal to the Borough Council. The burden of proof shall be on the appellant.
§ 27-1305 Jurisdictional Boundary Changes.
[Ord. No. 688, 6/4/2018]
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Borough Council shall review flood hazard data affecting the lands subject to boundary changes. The Borough shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in CFR 44 60.3.
§ 27-1306 Coordination with Other Ordinances and Regulations.
[Ord. No. 688, 6/4/2018]
Development, construction, rehabilitation and other activities in SFHAs in the FIS are subject to regulations related to Technical Provisions, Activities Requiring Special Permits, Existing Structures in Identified Floodplain Areas, Variances and Definitions in Ordinance No. 679 as enacted on May 11, 2015, as subsequently amended.
