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Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002; and by Ord. 2010-08, 9/2/2010, Art. XXXVI]
1. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified and until all required permits or approvals have first been obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
2. 
No new or substantially improved construction, reconstruction, enlargement, alteration or relocation of any building or structure, and no uses or activities (including, but not limited to, the uses and activities listed in § 27A-402) development, paving, grading, filling, excavation, mining, dredging or drilling operations, or any land development, shall be permitted within the prohibited floodplain area, except as provided in § 27A-404.
3. 
New or substantially improved Township-approved public pathways or trails, public roads, bridges, stormwater outlet structures, and sub-surface, non-structure facilities for water, sewer and other public utilities may be constructed, developed and used within the prohibited floodplain area, provided they are duly approved and constructed in accordance with all applicable federal, state and municipal regulations.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
1. 
Within any designated regulated floodplain area the following construction, uses and activities shall be prohibited:
A. 
Any new or substantially improved structure which:
(1) 
Will be used for the production or storage of the dangerous materials or substances listed in Subsection 1B below.
(2) 
Will be used for any activity requiring the maintenance of a supply of gasoline or other petroleum fuels.
(3) 
Will involve the production, storage, or use of any amount of explosives or radioactive substances.
B. 
The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid.
(12) 
Petroleum products.
(13) 
Phosphorous.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides, insecticides, fungicides, and rodenticides.
(18) 
Explosives substances not otherwise regulated.
(19) 
Products or by-products of the foregoing.
(20) 
Radioactive substance, insofar as such substances are not otherwise regulated.
(21) 
Manure, excrement or droppings from livestock, poultry, kennels or the like associated with an agricultural, commercial, industrial or residential use.
[Added by Ord. No. 2023-05, 12/7/2023]
2. 
Within any designated regulated floodplain area or general floodplain area, and all of the commencement, construction, reconstruction, enlargement, alteration, relocation, expansion or development of the following structures (or portions thereof), uses or the construction, uses and activities listed below shall be prohibited:
A. 
Building.
B. 
Manufactured home.
C. 
Roofed structure.
D. 
Fence.
E. 
Wall.
F. 
Shed.
G. 
Parking area or lot containing any non-passenger vehicle parking space or more than six passenger automobile parking spaces.
H. 
Hospital.
I. 
Nursing home.
J. 
Jail or prison.
K. 
Non-waterproofed electrical or mechanical equipment.
L. 
On-site sewage disposal system.
M. 
Public and private roads.
[Added by Ord. No. 2023-05, 12/7/2023]
N. 
Any stormwater drainage or water quality BMP facility, including detention and retention ponds.
[Added by Ord. No. 2023-05, 12/7/2023]
3. 
The following activities shall be prohibited within any identified floodplain area.
A. 
The commencement of any of the following activities, or the construction, enlargement, expansion of any structure used, or intended to be used, for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
(4) 
Group homes.
(5) 
Public and private schools.
(6) 
Non-waterproofed electrical or mechanical equipment.
[Added by Ord. No. 2023-05, 12/7/2023]
(7) 
On-site sewage disposal system.
[Added by Ord. No. 2023-05, 12/7/2023]
(8) 
Any temporary or portable mobile toilet.
[Added by Ord. No. 2023-05, 12/7/2023]
(9) 
Public and private roads.
[Added by Ord. No. 2023-05, 12/7/2023]
(10) 
Any stormwater drainage or water quality BMP facility, including detention and retention ponds.
[Added by Ord. No. 2023-05, 12/7/2023]
B. 
The commencement of or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
1. 
Whenever located within the prohibited floodplain area or the regulated floodplain area, each of the following uses shall be designated as to prevent the infiltration of flood waters into such use area and to prevent any discharge from such use area into flood waters:
A. 
Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and construction to minimize or eliminate flood damage and impairment.
B. 
Water Supply Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood water into the system, and be located and constructed to minimize or eliminate flood damages.
C. 
Utility Distribution Lines and Sub-surface Structures and Equipment Related to Such Utility (including those for electricity, gasoline, other petroleum products, natural gas, telephone, cable TV, fiber optic cable and the like). All utilities such as gas lines, electrical and telephone system being placed in flood prone areas should be located, elevated (where possible) and constructed to minimize the change of impairment during a flood.
2. 
New construction of driveways, accessways, and parking lots shall be permitted within the regulated floodplain area, provided each is constructed at a minimum grade of one foot above the 100-year floodplain elevation.
[Amended by Ord. No. 2023-05, 12/7/2023]
3. 
New construction of non-commercial recreation areas shall be permitted within the regulated floodplain area, including soil and grass playing fields, golf courses, fences, basketball courts, play and exercise structures, bike paths, walkways and tennis courts and all items listed in § 27A-402.
4. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 4, pertaining to new construction of stormwater drainage facilities, was repealed by Ord. No. 2023-05, 12/7/2023.
5. 
No excavation, grading or filling within any regulated floodplain area shall alter the net carrying capacity of the 500-year floodplain.
[Amended by Ord. No. 2023-05, 12/7/2023]
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
No manufactured home shall be located within any prohibited floodplain area or within any regulated floodplain area.