[Ord. 974, 3/17/2016; as amended by Ord. 976, 6/16/2016]
1. 
The Floodway District shall be those areas identified in the April 5, 2016, or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study and the Flood Insurance Rate Map, as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include Floodway District which has been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
A. 
Within the Floodway District, 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. 
Within the Floodway District, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
2. 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
A. 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
B. 
The AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
(1) 
No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the base flood elevation more than one foot at any point.
(2) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
3. 
A Area/District.
A. 
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 base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
B. 
In lieu of the above, the municipality may require the applicant to determine the elevation 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, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
4. 
The Flood-Fringe District shall be the A District and those areas identified on the FIRM as the area between the boundary of the floodway and the 0.2% annual chance (or five-hundred-year) floodplain boundary.
[Ord. 974, 3/17/2016]
The identified floodplain area may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
[Ord. 974, 3/17/2016]
1. 
Permitted Uses. All structures are prohibited except for the following, provided that they are not prohibited by any other ordinance and provided that they do not require buildings, fill or storage of materials and equipment and provided that the applicant proves that the use or activity will not create any increase in the floodway elevation or provides facilities acceptable to Borough Council which will offset any increase. The following uses must be so constructed that they will not be damaged by flood or present a hazard at the time of flooding:
A. 
Flood retention dams.
B. 
Culverts.
C. 
Bridges.
D. 
Open space.
2. 
Special Use Permits. The following uses and activities may be permitted by special use permits to be granted by Borough Council, provided that the uses and activities are in compliance with the provisions of the underlying zoning district, are not prohibited by any other ordinance and provided that the applicant proves that the use or activity will not create any increase in the floodway elevation or provides facilities acceptable to Borough Council which will offset any increase:
A. 
Retaining Walls.
B. 
The Deepening of the Channel. When plans are presented for the alteration or relocation of a watercourse, a permit must first be secured from the Pennsylvania Department of Environmental Protection, Dams and Encroachment Division. Also, the applicant must notify adjacent communities, the Federal Emergency Management Agency (FEMA), and the Pennsylvania Department of Community and Economic Development prior to any alteration or relocation of any watercourse.
C. 
Private Utility Transmission and Pipelines. (This does not apply to the Pennsylvania Public Utility Commission.)
[Ord. 974, 3/17/2016; as amended by Ord. 976, 6/16/2016]
1. 
Permitted Uses. In the Flood-Fringe District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they do not require buildings, fills or storage of materials and equipment; also provided that the applicant proves that the use or activity will not create any increase in the floodway elevation or provides facilities acceptable to Borough Council which will offset any increase:
A. 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticultural, truck farming, forestry, farming and wild crop harvesting.
B. 
Arboretum.
C. 
Public and private recreational uses and activities, such as parks, picnic grounds, golf courses, swimming areas, hiking and horseback riding trails, wildlife and nature preserves and fishing areas.
D. 
Public open land, excluding cemeteries.
E. 
Public utility facilities, excluding structures.
2. 
Special Use Permits. The following uses and activities may be permitted by special use permits to be granted by Borough Council after being reviewed by the Planning Commission, provided that the uses and activities are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that the applicant proves that the use or activity will not create an increase in the floodplain elevation or provides facilities acceptable to Borough Council which will offset any increase:
A. 
Streets.
B. 
Parking lots.
C. 
Front, side, and/or rear yards, and uses customarily incidental thereto, with the exception that no structures shall be permitted.
D. 
Fences, wire or wood, one or two strands or rails only.
E. 
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. Landfills are prohibited.
F. 
Extraction of soils and other materials.
G. 
The placement of fills.
H. 
Temporary uses such as circuses, carnivals and similar activities.
I. 
Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structures shall be floodproofed.
3. 
Uses not listed as a permitted use or a special use are expressly not permitted.
[Ord. 974, 3/17/2016]
1. 
The following obstructions and activities are prohibited if located partially or entirely within any floodplain area:
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 activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
B. 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
C. 
Any new or substantially improved structure which:
(1) 
Will be used for the production or storage of any of the following dangerous materials or substances; or
(2) 
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
(3) 
Will involve the production, storage or use of any amount of radioactive substances.
D. 
The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.).
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
2. 
No variance shall be granted for any of the other requirements of this § 305.
[Ord. 974, 3/17/2016]
1. 
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 municipality and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
2. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
3. 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
[Added by Ord. 976, 6/16/2016]
The referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Elizabethtown Borough and declared to be a part of this chapter.