The following uses and activities are permitted in the Flood Hazard District for areas within the AE Area/District or A Area/District:
A. 
All uses permitted in the underlying zoning district including accessory uses thereto with the exception of those uses expressly prohibited in § 298-12, Prohibited uses.
B. 
Agriculture, horticulture, and forestry that do not include any structures, do not require grading which would cause any increase in flood heights or frequency, and are conducted in accord with recognized soil conservation and water quality practices.
C. 
Public and private recreational uses and activities, limited to parks, day camps, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas.
D. 
The repair or expansion of riparian buffers.
E. 
Floodproofing to protect only lawfully existing nonconforming structures and lawfully existing nonconforming uses within structures.
F. 
Fences and temporary protective fencing that do not impede floodwaters.
G. 
Municipal water and wastewater treatment facilities.
The following uses and activities are prohibited within the Flood Hazard District:
A. 
All uses prohibited in the underlying zoning district.
B. 
New construction, development or redevelopment in the Floodway Area except as otherwise permitted by this chapter.
C. 
New residential, commercial and industrial structures, with the exception of those specifically allowed by the underlying zoning, special exception regulations, and § 298-11 above.
D. 
The production, storage, or use of any amount of radioactive substances.
E. 
The production, storage or use of a substance or material, underground or aboveground, that is buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life including but not limited to the following:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
F. 
Storage of material or equipment that, in time of flooding, could become buoyant and pose an obstruction to flow in identified floodway areas.
G. 
The production, storage or use of explosives.
H. 
Sanitary landfills, dumps, junk and salvage yards.
I. 
Draining, excavation, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right.
J. 
Manure storage facilities and manure stockpiles.
K. 
Expansion to existing manufactured home parks and subdivisions.
L. 
Sewage disposal facilities.
M. 
New development and expansion of critical facilities and correctional facilities.
N. 
Fill, other than that required to meet the requirements of permissible activities.
A. 
The following uses and activities may be allowed in the Flood Hazard District subject to the review and approval of a special exception permit authorized by the City of Easton Zoning Hearing Board. While the following represents possible land uses subject to special exception approval, it is possible that the underlying zoning district will not permit these uses either by right or by special exception approval. Additional approvals would therefore be required.
(1) 
Marina, boat rental, dock, pier or wharf, and waterside restaurants.
(2) 
Flood control structures including dams, culverts, bridges, and altered or relocated watercourses with permits and/or approvals from the PA DEP, PA Public Utility Commission, and/or United States Army Corps of Engineers. Notifications of such actions shall be provided to all affected adjoining municipalities, FEMA and the PA DCED. The approval of a permit by any of the preceding state or federal agencies for one of the uses allowed in the Flood Hazard District shall in no way affect or conflict with the requirements imposed upon the use under the regulations of the Flood Hazard District.
(3) 
Public utility facilities under the exclusive jurisdiction of the Pennsylvania Public Utility Commission.
(4) 
Educational classroom facilities and dormitories.
(5) 
Substantial improvements to existing historic resources.
(6) 
The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated spoil.
B. 
No application for a special exception permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(1) 
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
(a) 
The structure will survive inundation by waters of the base flood with minimal to no lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.
(b) 
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.
(c) 
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.
(2) 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
C. 
All 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 City of Easton, the Department of Planning and Codes, and the City Engineer or authorized third party engineer.
A. 
Applicants for special exception permits within the Flood Hazard Overlay District shall provide five copies of the following items:
(1) 
A written request.
(2) 
A small scale map showing the vicinity in which the proposed site is located.
(3) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale and date.
(b) 
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet.
(c) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
(d) 
The location of all existing streets, drives, other access ways, and parking areas, with information concerning widths, pavement types and construction, and elevations.
(e) 
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development.
(f) 
The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water including direction and velocities.
(g) 
The location of all proposed buildings, structures, utilities, and any other improvements.
(h) 
Any other information which the municipality considers necessary for adequate review of the application.
(4) 
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(a) 
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate.
(b) 
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(c) 
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood.
(d) 
Detailed information concerning any proposed floodproofing measures.
(e) 
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths.
(f) 
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades.
(g) 
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5) 
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
(6) 
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood.
(7) 
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life.
(8) 
A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation and flows.
(9) 
A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevation and flows.
(10) 
The appropriate component of the PA DEP "Planning Module for Land Development."
(11) 
Where any excavation or grading is proposed, a plan meeting the requirements of the PA DEP to implement and maintain erosion and sedimentation control.
(12) 
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the PA DEP under Section 302 of Act 1978-166.
(13) 
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
B. 
For applicants proposing subdivision or land development, the requirements of Chapter 520, Subdivision and Land Development, shall apply in addition to the provisions of this section.
Upon receipt of an application for a special exception permit by the City of Easton, the following procedures shall apply:
A. 
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the City of Easton Engineer for review and comment.
B. 
If an application is received that is incomplete, the Floodplain Administrator shall notify the applicant in writing, stating in what respect the application is deficient.
C. 
A completed application will be forwarded to the Easton Planning Commission for review and recommendation to the Easton Zoning Hearing Board.
D. 
If the Zoning Hearing Board decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply:
A. 
No improvement, expansion, enlargement or reconstruction of an existing structure shall be allowed within any Floodway Area/District.
B. 
No improvement of an existing structure shall be allowed within any AE Area/District or A Area/District that would, together with all other existing and anticipated development, increase the base flood elevation more than one foot at any point.
C. 
The reconstruction of existing structures that store materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be prohibited in the Flood Hazard District. Improvements shall be undertaken only in full compliance with the floodproofing and/or elevation requirements prescribed by this chapter.
D. 
Any improvement to an existing structure, to an extent 10% or more of its market value, shall be undertaken only in full compliance with the floodproofing and/or elevation requirements prescribed by this chapter. Floodproofing and elevation requirements shall apply only to the new construction.
E. 
Any improvement to a partially or substantially damaged structure shall be undertaken only in full compliance with the floodproofing and/or elevation requirements prescribed by this chapter.
F. 
Any improvement to a repetitive loss structure to an extent 10% or more of its market value of the intact structure shall be prohibited. Any permitted improvements shall be in full compliance with the floodproofing and/or elevation requirements prescribed by this chapter.
G. 
Any improvement to a severe repetitive loss structure to an extent 5% or more of its market value of the intact structure shall be prohibited. Any permitted improvements shall be in full compliance with the floodproofing and/or elevation requirements prescribed by this chapter.
H. 
The reconstruction of a severe repetitive loss structure shall be in full compliance with this chapter and shall require documentation indicating the City of Easton, the State of Pennsylvania, and FEMA will not acquire the property for the purposes of flood mitigation prior to the reconstruction of the structure.
I. 
Historic resources undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all chapter requirements that do not preclude the structure's continued designation as a historic resource. Documentation that a specific chapter requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from chapter requirements will be in the form of a special exception and shall be the minimum necessary to preserve the historic character and design of the structure.
J. 
The following shall apply for the purposes of determining market value:
(1) 
It is the responsibility of the applicant to supply the information necessary (e.g., appraisals, construction costs, estimates, etc.) to make the determination that the market value is reasonably accurate and that the cost estimate reasonably reflects the actual costs of the improvements to the structure.
(2) 
Acceptable estimates of market value shall be determined from either independent appraisals by a state-licensed real estate appraiser or the value of the building taken from NFIP claims data.
(3) 
Acceptable estimates of cost of improvement shall be determined from either itemized estimates made by contractors licensed to work in the City of Easton or building code valuation tables.
(4) 
Improvements shall be cumulative, since the adoption of this chapter, for the purpose of determining the market value percentage.