Borough of Mount Pocono, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mount Pocono as indicated in article histories. Amendments noted where applicable.
[Adopted 12-9-1993 by Ord. No. 8-1993]
A. 
For the purpose of this article, the identified floodplain area shall be those areas of the Borough of Mount Pocono which have been identified as being subject to flooding by a 100-year flood. These areas are shown on the flood hazard boundary map for the Borough of Mount Pocono dated May 23, 1982, prepared by the Federal Emergency Management Agency.
B. 
The identified floodplain area may be revised or modified by the Borough of Mount Pocono where studies or information provided by a qualified agency or person documents the need for such revision and modification. However, prior to any such change, approval must be obtained by the Federal Insurance Administration.
C. 
Should a dispute concerning any identifiable floodplain boundary arise, any party aggrieved by such determination may appeal to the Zoning Hearing Board of the Borough of Mount Pocono, pursuant to provisions of Chapter 215, Zoning, as amended. The burden of proof shall be on appellant.
A. 
No new construction of development (including substantial improvements) shall take place within any identified floodplain area of the Borough of Mount Pocono.
B. 
Repairs, improvements or modifications as to an existing structure amounting to less than 50% of the market value of the structure shall be allowed unless the proposed work will result in the expansion or enlargement of the structure.
C. 
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 Borough, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse.
Any person, firm or corporation who violates any provision of this article shall, upon conviction therefor, be subject to a fine not exceeding $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
This article may be known and cited as the “Mount Pocono Floodplain Ordinance.”