The purpose of this article is to prevent the loss of property
and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief and the
impairment of the tax base of:
A. Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
B. Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
C. Requiring all those uses, activities and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
D. Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
This article shall apply to all lands within the jurisdiction
of the Township and shown on the Township Zoning Map as being located
within the boundaries of the Floodway (FW), Flood Fringe (FF) and
General Floodplain Conservation (FA) Districts.
No structure or land shall hereafter be used and no structure
shall be located, relocated, constructed, reconstructed, enlarged
or structurally altered except in full compliance with the terms and
provisions of this article and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this article.
The following floodplain districts are hereby created, each
differing with respect to the intensity and nature of their flooding
problems:
A. The identified floodplain area shall be any areas of Lower Allen
Township, subject to the 100-year flood, which is identified as Zone
A (Area of Special Flood Hazard) in Flood Insurance Study (FIS) dated
March 16, 2009, and the accompanying maps or the most recent revision
thereof as issued by the Federal Emergency Management Agency, including
all digital data developed as part of the Flood Insurance Study.
B. Floodplain districts.
(1)
The Floodway District (FW) is delineated for purposes of this
article using the criteria that a certain area within the floodplain
must be capable of carrying the waters of the 100-year flood without
increasing the water surface elevation of that flood more than one
foot at any point. The district is shown on the Township Zoning Map.
The areas included in this district are specifically defined in Table
1 of the above-referenced Flood Insurance Study and shown on the accompanying
Flood Boundary and Floodway Map.
(2)
The Flood Fringe District (FF) is that area of the 100-year
floodplain not included in the Floodway District (FW). The basis for
the outermost boundary of this district shall be the 100-year-flood
elevations contained in the flood profiles of the above referenced
Flood Insurance Study.
(3)
The General Floodplain Conservation District (FA) is the floodplain
area for which no specific flood profiles have been provided. It is
designated as Zone A on the maps accompanying the above-referenced
Flood Insurance Study. Where the specific 100-year-flood elevation
cannot be determined for this area using other sources of data such
as the United States Army Corps of Engineers Floodplain Information
Reports, United States Geological Survey Flood Prone Quadrangles,
etc., the applicant for the proposed use, development and/or activity
shall determine this elevation in accordance with the hydrologic and
hydraulic engineering technique. This elevation information shall
be subject to review by the municipality and other agency that it
shall designate, such as the Corps of Engineers, the Department of
Environmental Protection, the River Basin Commission, etc. Flood elevations
for Cedar Run for the 100-year flood have been provided by and shall
be obtained from the Township Engineer where not inconsistent with
the maps accompanying the above-referenced Flood Insurance Study.
(4)
FE (Special Floodplain Area): the areas identified as Zone AE
in the Flood Insurance Study, where 100-year-flood elevations have
been provided, but no floodway has been delineated.
C. Overlay concept.
(1)
The floodplain districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map, and as such, the provisions for these three districts
shall serve as a supplement to the underlying district provisions.
All such districts shall be designated on the Township Zoning Map
by the Township Engineer.
(2)
Where there is any conflict between the provisions or requirements
of any of the floodplain districts and those of any underlying district,
the more restrictive provisions shall apply.
(3)
In the event that any portion of the floodplain districts be
declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the underlying zoning applicable to
such land or use shall be deemed to be the district in which it is
located without consideration of this article.
D. Zoning Map. The boundaries of the floodplain districts are established
as shown on the Zoning Map of the Township which is declared to be
a part of this article and which shall be kept on file at the Township
Municipal Building.
E. District boundary changes. The delineation of any of the floodplain
districts may be revised by the Board of Commissioners where natural
or man-made changes have occurred or more detailed studies conduced
or undertaken by the United States Army Corps of Engineers, Susquehanna
River Basin Commission or other qualified agency or individual. However,
prior to any such change, approval must be obtained from the Federal
Insurance Administration (FIA).
F. Interpretation of district boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the Township
Engineer. Should a dispute arise concerning the boundaries of the
districts, the Zoning Hearing Board shall make the necessary determination
with the recommendations of the Township Engineer. The person questioning
or contesting the location of the district boundary shall be given
a reasonable opportunity to present his case to the Board and to submit
his own technical evidence if he so desires.
A structure or use of a structure or premises which lawfully
existed before the enactment of these provisions but which is not
in conformity with these provisions may be continued subject to the
following conditions:
A. Existing structures or uses located in the Floodway District (FW)
shall not be expanded or enlarged, unless the effect of the proposed
expansion or enlargement on flood heights is fully offset by accompanying
stream improvements.
B. Any modification, alteration, repair, reconstruction or improvement
of any kind to a structure or use located in the floodplain districts,
the cost of which is less that 50% of its market value, shall be elevated
or floodproofed to the greatest extent possible, regardless of its
location in the floodplain districts.
C. The modification, alteration, repair, reconstruction or improvement
of any kind to a structure or use, regardless of location in the floodplain
districts, the cost of which is 50% or more of its market value, shall
be defined as a substantial improvement and shall be undertaken only
in full compliance with the provisions of this and any other applicable
ordinance.
D. Uses or adjuncts thereof which are or become nuisances shall not
be permitted to continue.
E. No expansion or enlargement of an existing structure shall be allowed
within any FE area that would, together with all other existing and
anticipated development, increase the 100-year-flood elevation more
than one foot at any point.