Crescent Township City Zoning Code
§ 430.07
Floodplain Districts.
[Ord. No. 429, passed 12-13-1995]
A.
General.
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 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 chapters and regulations which apply to uses within the jurisdiction of this chapter.
4.
Warning and disclaimer of liability. The degree of flood protect on 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 or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
B.
Establishment of zoning districts.
1.
Description of districts.
(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 for the Township, prepared by the Federal Insurance Administration dated January 16, 1981.
(1)
FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA.
(2)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.
(b)
Overlay concept.
(1)
The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the Floodplain Districts 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 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 provision shall remain applicable.
2.
Zoning Map. The boundaries of the Floodplain Districts are established as part of the Official Zoning Map of the Township which is declared to be a part of this chapter and which shall be kept on file at the Township offices.
3.
District boundary changes. The delineation of any of the Floodplain Districts may be revised by the Board 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 the notification for such change. However prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
4.
Interpretation of district boundaries. Initial interpretation 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 to submit his own technical evidence if he so desires.
C.
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 such as the Township Building Code, specifically including but not limited to Chapter 230, and the Township Subdivision and Land Development Chapter[1] of this Code. 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. Under no circumstances shall any use activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any streams watercourse, etc. within the Township, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division. Further notification of the proposal by the Township shall be given to all affected, adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
1.
Floodway District (FW). In the Floodway 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. Chapter 230 of the Building Code is incorporated herein by reference.
(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 chapter 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 skeetgame 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 chapter:
(1)
Structures except for mobile homes accessory to the uses and activities in § 430.07C1(b) above.
(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 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 other applicable codes.
2.
Flood Fringe District (FF). In the Flood Fringe District the redevelopment 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 other applicable codes. Chapter 230 of the Building Code is incorporated herein by reference.[2]
[2]
Editor's Note: Former Subsection C3, General Floodplain District (FA), was superseded 12-13-1995 by Ord. No. 429. See now Ch. 230, Floodplain Construction, Development and Management.
[1]
Editor's Note: See Ch. 440, Subdivision and Land Development.
D.
Special exceptions and variances — additional factors to be considered. In passing upon applications for special exceptions and variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Chapter and the following:
1.
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District.
2.
The danger that materials may be swept on to other lands or downstream to the injury of others.
3.
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
4.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility to the community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding for the proposed use.
8.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
10.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
11.
The expected heights, velocities, duration, rate of rise, and sediment transport of the flood waters expected at the site. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other 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 protect on and other related matters. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (i) unacceptable or prohibited increases in flood heights, (ii) additional threats to public safety, (iii) extraordinary public expense, (iv) create nuisances, (v) cause fraud or victimization of the public, or (vi) conflict with local laws or codes.
E.
Administration. A zoning permit shall be required for all construction and development which includes but is not limited to paving, filling, grading, excavation, mining, dredging or drilling operations, etc.
F.
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
(i) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; (ii) 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 Zoning Chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW) and Flood Fringe District (FF).
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 year.
