Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Floodplain Regulations
§ 234-51 Establishment of floodplain.
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.
§ 234-52 Description and special requirements of identified floodplain areas.
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.
§ 234-53 Floodplain zoning provisions.
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).
§ 234-54 Uses permitted in the floodplain.
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.