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:
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Acetone
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Ammonia
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Benzene
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Calcium carbide
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Carbon disulfide
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Celluloid
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Chlorine
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Hydrochloric acid
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Hydrocyanic acid
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Magnesium
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Nitric acid and oxides of nitrogen
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Petroleum products (gasoline, fuel oil, etc.)
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Phosphorus
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Potassium
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Sodium
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Sulphur and sulphur products
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Pesticides (including insecticides, fungicides, and rodenticides)
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Radioactive substances, insofar as such substances are not otherwise
regulated
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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.
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.
