[Ord. 974, 3/17/2016; as amended by Ord. 976, 6/16/2016]
1. The Floodway District shall be those areas identified in the April
5, 2016, or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study and the Flood
Insurance Rate Map, 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 increasing the water surface
elevation by more than one foot at any point. This term shall also
include Floodway District which has 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. Within the Floodway District, 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.
B. Within the Floodway District, no new construction or development
shall be allowed, unless the appropriate 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. The 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 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 base flood elevation more than one foot at any point.
(2) No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
3. A Area/District.
A. 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
base 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.
B. 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 Flood-Fringe District shall be the A District and those areas
identified on the FIRM as the area between the boundary of the floodway
and the 0.2% annual chance (or five-hundred-year) floodplain boundary.
[Ord. 974, 3/17/2016]
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 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 to the special flood
hazard area by submitting technical or scientific data.
[Ord. 974, 3/17/2016; as amended by Ord. 976, 6/16/2016]
1. Permitted Uses. In the Flood-Fringe District, the following uses
and activities are permitted, provided that they are in compliance
with the provisions of the underlying zoning district and are not
prohibited by any other ordinance and provided that they do not require
buildings, fills or storage of materials and equipment; also provided
that the applicant proves that the use or activity will not create
any increase in the floodway elevation or provides facilities acceptable
to Borough Council which will offset any increase:
A. Agricultural uses, such as general farming, pasture, grazing, outdoor
plant nurseries, horticultural, truck farming, forestry, farming and
wild crop harvesting.
C. Public and private recreational uses and activities, such as parks,
picnic grounds, golf courses, swimming areas, hiking and horseback
riding trails, wildlife and nature preserves and fishing areas.
D. Public open land, excluding cemeteries.
E. Public utility facilities, excluding structures.
2. Special Use Permits. The following uses and activities may be permitted
by special use permits to be granted by Borough Council after being
reviewed by the Planning Commission, provided that the uses and activities
are in compliance with the provisions of the underlying zoning district
and are not prohibited by any other ordinance and provided that the
applicant proves that the use or activity will not create an increase
in the floodplain elevation or provides facilities acceptable to Borough
Council which will offset any increase:
C. Front, side, and/or rear yards, and uses customarily incidental thereto,
with the exception that no structures shall be permitted.
D. Fences, wire or wood, one or two strands or rails only.
E. Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses. Landfills are
prohibited.
F. Extraction of soils and other materials.
H. Temporary uses such as circuses, carnivals and similar activities.
I. Other similar uses and activities, provided that they cause no increase
in flood heights and/or velocities. All uses, activities and structures
shall be floodproofed.
3. Uses not listed as a permitted use or a special use are expressly
not permitted.
[Added by Ord. 976, 6/16/2016]
The referenced FIS and FIRMs, and any subsequent revisions and
amendments, are hereby adopted by Elizabethtown Borough and declared
to be a part of this chapter.