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The purpose of these provisions is to prevent the loss of property
and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A. Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities and frequencies.
B. Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
C. Requiring all those uses, activities, and development that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
D. Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
A. The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purpose and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain districts, or that
land uses permitted within such districts will be free from flooding
or flood damages.
B. This chapter shall not create liability on the part of Stockertown
Borough or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
A. Basis of districts. The various floodplain districts shall include
areas subject to inundation by waters of the one-hundred-year flood.
The basis for the delineation of these districts shall be the Flood
Insurance Study prepared by the Federal Insurance Administration (FIA)
dated March 1978.
(1) The Floodway District (FW) is delineated for the purposes of this
chapter using the criteria that a certain area within the floodplain
must be capable of carrying the waters of the one-hundred-year flood
without increasing the water surface elevation of that flood more
than one foot at any point. The areas included in this district are
specifically defined in the Floodway Data Table of the above referenced
Flood Insurance Study and shown on the Flood Boundary and Floodway
Map.
(2) The Flood-Fringe District (FF) shall be that area of the one-hundred-year
floodplain not included in the Floodway District. The basis for the
outermost boundary of this district shall be the one-hundred-year
flood elevations contained in the flood profiles of the above referenced
Flood Insurance Study (FIS) and as shown on the Flood Boundary and
Floodway Map.
(3) The General Floodplain District (FA) shall be that floodplain area
for which no detailed flood profiles or elevations are provided. Such
areas are shown on the maps accompanying the FIS prepared by the FIA.
In determining the necessary elevations for the purposes of this chapter,
other sources of data may be used such as:
(a)
Corps of Engineers Floodplain Information Reports.
(b)
U.S. Geological Survey Flood Prone Quadrangles.
(c)
U.S.D.A. Natural Resources Conservation Service County Soil
Surveys (Alluvial Soils).
(d)
Known high water marks from past floods.
(f)
Where the specific one-hundred-year flood elevation cannot be
determined for this area using sources of data, then the applicant
for the proposed use, development and/or activity shall determine
this elevation in accordance with hydrologic and hydraulic engineering
techniques. 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, computation,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Borough.
B. Overlay concept.
(1) The floodplain districts described above shall be considered as overlays
to the existing underlying districts as shown on the Official Zoning
Ordinance Map and, as such, the provision for the floodplain districts
shall serve as a supplement to the underlying district provisions.
(2) Where there happens to be any conflict between the provision or requirements
of any of the floodplain districts and those of any underlying district,
the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
(3) In the event any provision concerning a floodplain district is declared
inapplicable as a result of any legislative or administrative actions
or judicial discretion, the basic underlying district provisions shall
remain applicable.
The boundaries of the floodplain districts are established as
part of the Official Zoning Map of Stockertown Borough, as delineated
on the Flood Insurance Study and dated March, 1978, which is declared
to be a part of this chapter and which shall be kept on file at the
Stockertown Borough offices.
The delineation of any of the floodplain districts may be revised
by the Stockertown Borough Council where natural or man-made changes
have occurred and/or more detailed studies conducted or undertaken
by the U.S. Army Corps of Engineers, Delaware River Basin Commission
or other qualified agency or individual documents the notification
for such changes. However, prior to any such change, approval must
be obtained from the Federal Insurance Administration (FIA).
Initial interpretations of the boundaries of the floodplain
districts shall be made by the Zoning Officer. Should a dispute arise
concerning the boundaries of any of the districts, the Zoning Hearing
Board shall make the necessary determination. The person questioning
or contesting the location of the district boundary shall be given
a reasonable opportunity to present his case to the Board and submit
his own technical evidence if he so desires.
A. All uses, activities, and development occurring within any floodplain
district shall be undertaken in strict compliance with the provisions
of this chapter and with all other applicable codes and ordinances
such as the Borough Building Code and Chapter 213, Subdivision and Land Development.
B. No hazardous or toxic substances may be stored or used within any
floodplain district.
C. Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
D. Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the municipality, a permit shall be obtained from the
Department of Environmental Protection, Dams and Encroachment Division.
Further, notification of the proposal shall be given to all affected
adjacent municipalities. Copies of such notification shall be forwarded
to both the Federal Insurance Administration and the Pennsylvania
Department of Community and Economic Development.
A. The provisions of this section shall be applicable, in addition to
any other applicable provisions of this chapter, or any other ordinance,
code, or regulation.
B. In accordance with the Pennsylvania Floodplain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
materials or substances currently listed in the Act or defined as
hazardous waste under Section 75.261, Chapter 75, Title 25 of the
Pennsylvania Code, or which will be used for any activity requiring
the maintenance of a supply (more than 550 gallons or other comparable
volume, or any amount of radioactive substances) of any materials
or substances on the premises, shall be subject to the provisions
of this section, in addition to all other applicable provisions.
C. Within any Floodway District (FW), any structure of the kind described
in Subsection B above shall be prohibited.
D. Where permitted within any Flood-Fringe District (FF) or General
Floodplain District (FA), any structure of the kind described in Subsection
B above shall be elevated or designed and constructed to remain completely
dry up to at least 1 1/2 feet above the one-hundred-year flood
and designed to prevent pollution from the structure or activity during
the course of a one-hundred-year flood. Any such structure or part
thereof that will be built below the regulatory flood elevation shall
be designed and constructed in accordance with the standards for completely
dry floodproofing contained in the publication "Floodproofing Regulations"
(U.S. Army Corps of Engineers, June 1972), or with some other equivalent
watertight standard.
E. Within any General Floodplain District (FA), any structure of the
kind described in Subsection B above shall be prohibited within the
area measured 50 feet landward from the top-of-bank of any watercourse.
F. Except for a possible modification of the 1 1/2 foot freeboard
requirements, no variance shall be granted for any of the other requirements
of this section.
The following activities and development are prohibited within
the Floodplain District and no variance shall be granted:
A. The commencement of any of the following activities; or the construction,
enlargement or expansion of any structure used, or intended to be
used, for any of the following:
B. The commencement of, or any construction of, a new mobile home park
or mobile home subdivision or substantial improvement to any existing
mobile home park or mobile home subdivision.
In the Floodway District, no development shall be permitted
except where the effect of such development on flood heights is fully
offset by accompanying improvement which have been approved by all
appropriate local and/or state authorities as required above.
A. Permitted uses. In the Floodway District, the following uses and
activities are permitted, provided that they are in compliance with
the provisions of the underlying district and are not prohibited by
any other ordinance and provided that they do not require structures,
fill or storage of materials and 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 and horseback riding trails, wildlife and nature preserves,
game farms, fish hatcheries, trap and skeet game ranges, and hunting
and fishing areas.
(3) Accessory residential uses such as yard areas, gardens, play areas,
and pervious parking areas.
(4) Accessory industrial and commercial uses such as yard areas, pervious
parking and loading areas, airport landing strips, etc.
B. Uses permitted by special exception. The following uses and activities
may be permitted by special exception, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance:
(1) Structures except for mobile homes accessory to the uses and activities
in Subsection A.
(2) Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
(3) Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(4) Extraction of sand, gravel and other materials.
(5) Temporary uses such as circuses, carnivals, and similar activities.
(6) Storage of materials (except as noted in § 250-39B) and
equipment, provided that they are not buoyant, flammable, or explosive,
and are not subject to major damage by flooding, or provided that
such material and equipment is firmly anchored to prevent flotation
or movement, and/or can be readily removed from the area within the
time available after flood warning.
(7) Other similar uses and activities, provided they cause no increase
in flood heights and/or velocities. All uses, activities and structural
developments, shall be undertaken in strict compliance with the floodproofing
provisions contained in all applicable codes and ordinances.
In the Flood-Fringe District, the development and/or use of
land shall be permitted in accordance with the regulations of the
underlying district, provided that all such uses, activities, and/or
development shall be undertaken in strict compliance with the floodproofing
and related provisions contained in all applicable codes and ordinances.
A. In the General Floodplain District, no development, use or activity
(including fill, grading and/or substantial improvements to structures,
etc.) shall be permitted unless the applicant for the proposed development,
use or activity has demonstrated that the proposed undertaking, when
combined with all other existing and anticipated development, uses
and activities, will not increase the water surface elevation of the
one-hundred-year flood more than one foot at any point. The engineering
principle, equal reduction of conveyance, shall be used to make the
determination of increases in flood heights.
B. In the floodway portion of the district, no development shall be
permitted except where the effect of such development on flood heights
is fully offset by accompanying improvements. Only those uses and/or
activities provided for in the Floodway District (FW) shall be permitted
in the floodway portion of the district.
C. No hospital, nursing home, jail, or mobile home park shall be constructed
within the area measuring 50 feet landward from the top-of-bank of
any watercourse.
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