[Ord. 2000-03, 9/14/2000, Art. XIV, § 1418]
1. 
Purpose. 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 developments 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.
2. 
Applicability. These provisions shall apply to all lands within the jurisdiction of the Township of Allen and shown as being located within the boundaries of the designated Floodplain Districts which are considered as a part of the Official Zoning Map.
3. 
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
4. 
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes 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. This chapter shall not create liability on the part of the Township of Allen or any officer, consultant or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
5. 
Establishment of the Floodplain Zoning Districts.
A. 
Basis of District. The Floodplain District is defined and established as those areas of the Township subject to flooding as defined in Subsections 1, 2 and 3 of this section. The Floodplain District shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of this district shall be the most current Flood Insurance Study for the Township of Allen approved by FEMA and shall be comprised of three areas as follows:
(1) 
The Floodway (FW) is delineated for 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 area are specifically defined in the Floodway Data Table of the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map, or as may be defined by the Pennsylvania Department of Environmental Protection.
(2) 
The Flood Fringe (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this area 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 accompanying Flood Boundary and Floodway Map.
(3) 
The General Floodplain (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. They are shown on the maps accompanying the FIS prepared by FIA. Where the specific one-hundred-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey-Flood Prone Quadrangle, etc., the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic techniques. Hydrologic and hydrologic analysis 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, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township of Allen.
B. 
Overlay Concept.
(1) 
The Floodplain District described above shall be overlays to the underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
(2) 
Where there happens to be any conflict between the provisions or requirements of any of the Floodplain District and those of any underlying district, the more-restrictive provisions and/or those pertaining to the Floodplain District 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 provision shall remain applicable.
6. 
Zoning Map. The boundaries of the Floodplain District are established as part of the Official Zoning Map of the Township of Allen which is declared to be a part of this chapter and which shall be kept on file at the Township of Allen Offices.
7. 
District Boundary Changes. The delineation of any of the Floodplain District may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual documents that notification for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
8. 
Interpretation of District Boundaries. Initial interpretation of the boundaries of the Floodplain District 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 to submit his own technical evidence if he so desires.
9. 
District Provisions. All uses, activities, and development occurring within any Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Township of Allen Subdivision and Land Development Ordinance [Chapter 22]. 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. § 1334, latest edition, as amended. 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. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the Township, a permit shall be obtained from the Department of Environmental Protection.
A. 
Permitted Uses. In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above. Further, 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, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas, but including no facilities subject to damage by flooding.
(3) 
Detention basins, sanitary and storm sewers may be allowed as permitted uses provided approval therefore is obtained from the Township Board of Supervisors and the Township Engineer. The location, materials, and restoration and methods of construction involved for said detention basins, sanitary and storm sewers shall be within the sole discretion of the Township Board of Supervisors and the Township Engineer.
(4) 
Front, side, and rear yard and lot area in excess of the minimum dimensional and area requirements established for each zoning district.
B. 
Uses Permitted by Conditional Use. The following uses and activities may be permitted by conditional use, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance.
(1) 
Roads, driveways, or parking areas.
(2) 
Utilities and public facilities and improvements such as railroads, 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) 
Accessory uses customarily incidental to the permitted uses above, providing no structures are located in the Floodplain District.
C. 
Prohibited Uses. The following uses shall be specifically prohibited in the Floodplain District:
(1) 
All freestanding structures, buildings, mobile homes, and retaining walls, with the exception of flood retention dams, culverts, and bridges, as approved by the Pennsylvania Department of Environmental Protection.
(2) 
The filling of marshlands, grading of any type, removal of topsoil, damming, or the relocation of any watercourse without approval of the Allen Township Board of Supervisors and the Allen Township Planning Commission and the approval of the Pennsylvania Department of Environmental Protection shall be forbidden.
(3) 
Sanitary, landfills, dumps, junkyards, outdoor storage of vehicles and materials.
(4) 
On-site sewage disposal systems.
(5) 
Private water supplies or wells shall be prohibited from being located in the Floodplain District.
(6) 
Hospitals, public or private.
(7) 
Nursing Homes, public or private.
(8) 
Jails.
(9) 
New mobile home parks and mobile home subdivisions and substantial improvements to such existing parks and subdivisions.
(10) 
Storage of the following materials and substances:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products: gasoline, fuel oil, and the like.
(m) 
Phosphorous.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulfur and sulfur products.
(q) 
Pesticides (including fungicides, insecticides, and rodenticides).
(r) 
Radioactive substances insofar as such substances are not otherwise subject to regulation.
(s) 
Other similarly hazardous substances.
(11) 
Cemetery.
10. 
Conditional Use and Variances.
A. 
Application Procedure. The application for a conditional use or variance shall be accompanied by the following:
(1) 
Detailed engineering studies indicating the effects of the proposed use on drainage and streams on all adjacent properties as well as the property in question.
(2) 
A determination of elevations of the existing ground, proposed finished ground, and lowest floor (including basement) certified by a registered professional engineer or architect.
11. 
Procedure for Consideration of a Conditional Use Exception or Variance. All applications for approval of a conditional use or variance shall be considered using standards listed in Parts 18 and 19, and:
A. 
The Board of Supervisors or the Zoning Hearing Board may require that recommendations of the County Conservation District be submitted as part of the application for a conditional use or variance in matters concerning or related to the Floodplain District.
B. 
The Board of Supervisors or the Zoning Hearing Board may request review recommendations from the Township Planning Commission, the Township Engineer, and the Lehigh Valley Planning Commission for review purposes, and the subject recommendations shall become part of the public hearing testimony. The final hearing shall not be held until such recommendations have been received by the Board of Supervisors or the Zoning Hearing Board.
C. 
In rendering a decision, the Board of Supervisors or the Zoning Hearing Board may impose special measures or conditions as deemed necessary and appropriate for the use to conform to the intent of this chapter.
12. 
Standards for Granting of Conditional Uses or Variances. The Board of Supervisors or the Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives herein. The Board of Supervisors or the Zoning Hearing Board, in considering conditional use or variance applications, shall consider the following:
A. 
The effect of the use shall not substantially alter the cross section profile of the stream and floodplains at the location of the proposed use.
B. 
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
C. 
The general welfare or public interest of Allen Township or other municipalities in the same watershed shall not be adversely affected.
D. 
Any new structure or substantially improved structure permitted by conditional use or variance shall be constructed and placed on the lot so as to offer the minimum obstruction of the flow of water, and shall be designed to have the minimum effect upon the flow and height of flood water. Such structures also shall be elevated so that the lowest floor (including basement) shall be one foot above the base flood elevation.
E. 
Any new structure permitted by conditional use or variance shall be floodproofed in compliance with the requirements of the U.S. Army Corps of Engineers as outlined in the Elevated Residential Structures Book. In addition, any such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement as evidenced by the design and report of a registered structural or civil engineer. Such structure shall be constructed so as to prevent the entrance of floodwaters into the water supply and waste treatment systems as well as other utility and facility systems.
F. 
An affirmative decision shall not be issued by the Board of Supervisors or the Zoning Hearing Board for an application within the designated floodway unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements as evidenced by permits granted by the proper state agency.
G. 
The Board of Supervisors or the Zoning Hearing Board shall notify the applicant in writing over the signatures of the Board that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required.
13. 
Conditional Uses and Variances: Additional Factors to be Considered. In passing upon application for conditional uses and variances, the Board of Supervisors or the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
A. 
The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed uses, development, or activity that will cause any increase in flood levels in the Floodway District.
B. 
The danger that materials may be swept on to other lands or downstream to the injury of others.
C. 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
D. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E. 
The importance of the services provided by the proposed facility to the community.
F. 
The requirements of the facility for a waterfront location.
G. 
The availability of alternative locations not subject to flooding for the proposed use.
H. 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. 
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.
J. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
K. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
The Board of Supervisors or the Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Conditional uses and/or variances shall only be issued after the Board of Supervisors or the Zoning Hearing Board has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of public, or conflict with local laws or ordinances.
14. 
Subdivision and Land Development Approval. All plans for subdivision and land development, a portion or portions of which are within the Floodplain District, including the development of any recreation or utility use, and activity adjacent to the Floodplain District shall be reviewed, and approved by the Allen Township Planning Commission and the Allen Township Board of Supervisors. Uses and/or activity adjacent to the Floodplain District shall be in accordance with the regulations and requirements of the Township Zoning Ordinance and the districts in which the area exists.
15. 
Definitions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling grading, excavation, mining, dredging or drilling operations and the subdivision of land.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the Township of Allen Zoning Ordinance as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood Fringe (FF), and General Floodplain (FA).
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any one year).