Within any identified floodplain area, no new construction or
development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection Regional Office.
A. Alteration or relocation of watercourse.
(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 by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection regional office.
(2) No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood carrying capacity of the watercourse
in any way.
(3) In addition, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B. Technical or scientific data shall be submitted by the applicant
to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR,
or conditional letter of map revision (CLOMR) are required:
(1) Any development that causes a rise in the base flood elevations within
the floodway; or
(2) Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
or
(3) Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C. Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
[Amended 6-21-2016 by Ord. No. 369]
Within any identified floodplain area, the following obstructions
and activities shall be prohibited, and no variance shall be granted:
A. The construction, placement, enlargement or expansion of any structure
used or intended to be used for any of the following:
(1) Hospitals (public or private).
(2) Nursing homes (public or private).
(4) Single manufactured homes.
B. The commencement of or any construction of a manufactured home park
or manufactured home subdivision or substantial improvement to an
existing manufactured home park or manufactured home subdivision.
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. Existing structures located in a designated Floodway District or
Area shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement on flood heights is fully offset by accompanying
improvements.
B. No expansion or enlargement of an existing structure shall be allowed
within the AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
C. Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
D. Within any Floodway Area/District, no new construction or development
shall be allowed, unless a permit is obtained from the Department
of Environmental Protection regional office.
E. Within any AE Area/District without floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection regional office.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain areas where base flood elevation data are
not available, shall be supported by hydrologic and hydraulic engineering
analyses that determine base flood elevans and floodway infortiomation.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA for a conditional letter of map Revision
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
[Amended 6-21-2016 by Ord. No. 369]
Recreational vehicles in Zones A and AE must be on the site
for fewer than 180 consecutive days and must be fully licensed and
ready for highway use.