To combine with present zoning requirements certain restrictions made necessary for the floodplains to promote the general health, welfare and safety of the community.

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.

To minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.

To reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

To permit certain uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow of flood waters, or otherwise cause danger to life and property at or above or below their locations along the floodway.

To permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by (1) withholding rapid water runoff contributing to downstream flooding and (2) providing area for ground water absorption for maintenance of the subsurface water supply.

To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy participation.

The boundaries of the Floodplain Conservation District are established as shown on the Zoning District Map, which is declared to be a part of this ordinance.

The Floodplain Conservation District may be revised or modified by an amendment to the Zoning District Map where studies or other information, provided by a qualified agency or person, documents the need for such revision. However, prior to any such change that would modify the delineation as shown on any map provided by the Federal Emergency Management Agency, approval must be obtained from that Agency or its successors.

That almost continuous band of local alluvium corresponding roughly with the alignment of Westerly and Easterly Parkways, from the vicinity of the intersection of West Fairmount Avenue, Dorum Avenue and Westerly Parkway in the west, to the intersection of Easterly Parkway and University Drive in the east;

That band of local alluvium running from the vicinity of the intersection of Hamilton Avenue and Fraser Street, in a southeasterly direction, to the vicinity of the intersection of Pugh Street with Easterly Parkway;

That band of local alluvium running from the vicinity of the intersection of South Allen Street and Marylyn Avenue, in an easterly direction, to the vicinity of the area of the intersection of University Drive and South Atherton Street;

That band of local alluvium running from the vicinity of the intersection of Nimitz Avenue and South Pugh Street, in a southeasterly direction, to the vicinity of the area of the intersection of University Drive and South Atherton Street;

That band of local alluvium running from the vicinity of the intersection of Keller Street and East Prospect Avenue, in a northeasterly direction, across University Drive to the University Sewage Treatment Plant;

That band of local alluvium running from Graduate Circle, across East College Avenue, to the University Sewage Treatment Plant, in that area now occupied by the interchange of East College Avenue and University Drive;

That band of local alluvium running from the vicinity of the intersection of Locust Lane and Calder Way, in an easterly direction to the vicinity of the intersection of High Street and East College Avenue;

That band of local alluvium located northwest of the intersection of Southgate Drive and Waupelani Drive, running in a northwesterly direction into the local alluvium found within the Orchard Park drainage way and including all of said drainage way extending northeasterly toward Westerly Parkway;

That band of local alluvium running north and south, which is located within the property now occupied by the State College Borough maintenance building.

That band of local alluvium located in the vicinity of Smithfield Circle.

That band of local alluvium located in the vicinity of Sandpiper Drive and Sawgrass Circle and extending toward East Branch Road.

That band of local alluvium running east and west across the lot at 379 Waupelani Drive (tax parcel 36-21-42).

That band of local alluvium running east and west across lots 10 and 11 (tax parcels 36-21-043 and 36-21-044) along the north side of Waupelani Drive.

That band of local Nolin Soils running in the north westerly direction across the lots with Tax Parcels 36-021-41 A-0000 along the both sides of Waupelani Drive.

The areas of local alluvium outside the FEMA floodplain area within tax parcels 36-001-200-0000 and 36-001-300-0000, also known as Radio Park School.

Cultivation and harvesting of crops according to recognized soil conservation practices;

Pasture, grazing land;

Recreation use, such as park, day camp, picnic grove, golf course, hunting, fishing and boating club, excluding structures;

Forestry, lumbering and reforestation, excluding storage and mill structures;

Harvesting of any wild crops, such as marsh hay, ferns, moss, berries or wild rice;

Game farm, fish hatchery (excluding rearing structures), hunting and fishing reserves;

Wildlife sanctuary, woodland preserve, arboretum;

Outlet installations for sewage treatment plants, sealed public and private water supply wells;

Utility transmission lines; and,

Accessory uses customarily incidental to any of the foregoing permitted uses, when approved as a special exception by the Zoning Hearing Board.

Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures shall be permitted. Inclusion of floodplain lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the Declaration of Legislative Intent of this ordinance (Section 2301) and with any other pertinent municipal regulations. If such compliance cannot be shown, the land area within the Floodplain Conservation District shall not be calculated for purposes of determining lot areas or yard requirements.

Non-paved parking lots where required by the regulations for any other class or district.

Front, side and/or rear yards of any other class of district, except that an area so utilized shall not be inconsistent with the objectives and standards set forth in the Declaration of Legislative Intent of this ordinance (Section 2301) and with any other pertinent municipal regulations.

Within planned residential developments, it shall be possible to utilize floodplains lands in calculating total units for the entire tract, in accordance with the provisions contained within the Planned Residential Development Ordinance.{320}

All structures and buildings, including substantial improvements to existing buildings, with the following exceptions:

The filling in of the floodplain conservation district, removal of topsoil or damming or relocation of any watercourse. Exception: In instances where existing residential or commercial buildings, including manufactured homes, are located within the floodplain conservation district and such development predates the establishment of the conservation district, fill may be placed only in the flood fringe area encompassed by the existing development to elevate the developed area above the one-hundred-year flood elevation provided that all of the following criteria are met:

Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.

On-site sewage disposal system.

Swimming pools.

Planning Commission and Council Approval. All plans for structures located within a distance of 100 feet from the floodplain conservation district and all plans for the development of a recreational or utility use within or adjacent to the district shall be approved by the Borough Council after receiving a recommendation from the Planning Commission, which plans shall be such as to comply with the Declaration of Legislative Intent of this ordinance (Section 2301).

Zoning Permit. A zoning permit shall be required before any proposed construction or development is undertaken within the Floodplain Conservation District. An application for a zoning permit shall be filed in accordance with Section 304 of Chapter XIX of the Codification of Ordinances.

Issuance of Zoning Permit. Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No permit shall be issued until this determination has been made.

Notice to Other Agencies.

Variances. The Zoning Hearing Board may vary or adjust the strict application of the requirements of this Part G on appeal in specific cases, as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, so that the spirit of the ordinance will be observed and substantial justice done. Any such variance shall be granted in accordance with the provisions of Section 301 and the following:

Purpose. Whereas, Slab Cabin Run has been identified through appropriate study as being an important tributary to Spring Creek and a part of the Spring Creek Corridor and, whereas, Spring Creek, including its tributary Slab Cabin Run, is designated as high quality cold water fisheries by the Pennsylvania Department of Environmental Protection and, whereas, the high-quality water can be and would be easily disrupted by excessive sedimentation resulting from stream bank erosion and, whereas, an increase in water temperature, which scientific evidence suggests would occur as a result of increase sedimentation, stream bank denuding and non-point pollution infiltration through surface water runoff, would destroy the water quality and cold water fishery designation and, whereas, the Borough of State College finds that Slab Cabin Run's designation as a high quality cold water fishery is an important natural resource to be preserved and protected, a riparian buffer zone is hereby established along the corridor formed by Slab Cabin Run where it flows through the Borough of State College.

Riparian Buffer Zone, Composition and Width. The riparian buffer is a zone established parallel to and on each side of the stream course consisting of a combination of grass area and forest area planted and maintained with indigenous grasses or other ground covers, trees and shrubs. The forest area is that section of the zone next to the stream located between the watercourse and grass area. It includes the stream bank. The width of the forest area varies according to surrounding slope conditions as shown on the table below. The grass area is that section of the zone adjacent to the forest area located between the forest area and any development. Its boundary is conterminous with the forest area and its width shall be at least 15 feet for all slope conditions.

The width of the zone on each side of the stream is the sum of the widths of the forest area and grass area. Width shall be measured as the distance (prescribed on the table below) measured from the center of the stream to a continuous line paralleling the stream course.

Plantings. The forest area shall be designed and planted to achieve a 50% crown cover within 10 years of planting. The grass area shall be planted in a continuous strip with grass. Its purpose is to intercept and filter any surface water runoff that may escape from development adjacent to the Riparian Buffer Zone. Acceptable plant species are listed in Section 2311, Appendix A. In addition to those plants, other species may be used when approved by the Borough Arborist. The Borough Arborist may prohibit invasive and noxious plants in the Riparian Buffer Zone as provided by the Penn State Agricultural Extension Invasive Plants of Pennsylvania and the Pennsylvania Department of Conservation and Natural Resources Noxious Weed Control List of Pennsylvania or other approved standard for those plants.

A riparian buffer planting plan shall be submitted as part of a development plan submission made pursuant to Section 305 of this chapter. Such plan shall be reviewed by the Borough Arborist. The Arborist is empowered to approve or deny such plan on the basis of its design and plantings with respect to achieving stream bank stabilization, stream shading and intercept and filtration of surface water runoff. All plantings as shown on the approved plan shall be installed prior to authorizing occupancy of the building or site. When required plantings cannot be installed because of weather or other adverse conditions beyond the developer's control, the Planning Department may accept a performance bond or other surety posted to cover the cost of installing required improvements.

Uses.

Stormwater Management. Stormwater discharge shall not be made directly into Slab Cabin Run. Development plans shall be design with stormwater management systems that detain runoff pursuant to the Borough's Stormwater Management Plan, Chapter XIV, of the Borough's Codification of Ordinances, Sections 201 - 216.