[Amended 5-11-1999 by Ord. No. 97; 2-19-2015 by Ord. No. 154]
A.
The identified floodplain area shall be:
(1)
Any areas of Nockamixon Township classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs), dated March 16, 2015, and issued
by the Federal Emergency Management Agency (FEMA), or the most-recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(2)
For areas abutting streams and watercourses where the one-hundred-year
floodplain (one-percent annual chance flood) has not been delineated
by a Flood Insurance Study, the applicant shall submit a floodplain
identification study. The study, prepared by a registered professional
engineer expert in the preparation of hydrologic and hydraulic studies,
shall be used to delineate the one-hundred-year floodplain. The floodplain
study shall be subject to the review and approval of the Township.
All areas inundated by the one-hundred-year flood shall be included
in the floodplain area.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Nockamixon Township and declared
to be a part of this chapter.
A.
The identified floodplain area shall consist of the following specific
areas/districts:
(1)
The Floodway Area/District identified as floodway in the FIS, which
represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
any increase in the water surface elevation at any point. This term
shall also include floodway areas which have been identified in other
available studies or sources of information for those special floodplain
areas where no floodway has been identified in the FIS and FIRM.
(a)
Within any floodway area, 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)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection's
regional office.
(2)
The AE Area/District shall be those areas adjacent to the floodway
and identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided.
(3)
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
one-percent annual chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by registered
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 Township.
(4)
For areas adjoining streams, ponds, and lakes not included in the
FIS prepared by FEMA, the applicant shall be required to determine
the elevation and area of the floodplain with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by registered 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 Township. All areas
inundated by the one-hundred-year flood shall be included in the Floodplain
Area.
All uses, activities and development occurring within a Floodplain
Area shall be undertaken in strict compliance with the provisions
of this chapter, all other applicable codes and ordinances, the Nockamixon
Township Subdivision and Land Development Ordinance [Chapter 22],
and the Nockamixon Township Floodplain Ordinance. (In addition, all
such uses, activities and development shall be undertaken only in
compliance with federal or state law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344).
A.
Uses permitted by right. The following uses and activities are permitted
in the floodplain, provided that they are in compliance with the provisions
of the underlying zoning district, conform to all requirements of
the Nockamixon Township Floodplain Ordinance, are not prohibited by
any other ordinance and do not require structures, fill or storage
of materials or equipment:
(1)
Agricultural uses such as general farming, pasture grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
(2)
Public and private recreational uses and activities such as parks,
day camps, picnic grounds, golf courses, boat launching and swimming
areas, hiking, bicycling and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, tennis courts and hunting
and fishing areas.
(3)
Yard areas, gardens, play areas and pervious parking areas.
(4)
Stream crossings for utilities, driveways and streets.
B.
Uses permitted by special exception. The following uses and activities
are permitted in the floodplain by special exception, provided that
they are in compliance with the provisions of the underlying district,
conform to all requirements of the Nockamixon Township Floodplain
Ordinance and are not prohibited by any other ordinance:
(1)
Utilities, public facilities and improvements such as streets, bridges,
transmission lines and pipelines.
(2)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(3)
Temporary uses such as circuses, carnivals, and similar uses.
(4)
Storage of materials and equipment, provided they are not buoyant,
flammable or explosive, and are not subject to major damage by flooding,
and provided such material and equipment is firmly anchored to prevent
flotation or movement. Storage of materials and equipment listed in
Section 5.04 of the Nockamixon Township Floodplain Ordinance[1] shall be prohibited.
(5)
Pervious parking areas.
