Elmer City Zoning Code
§ 25-17.1
Flood Hazard Areas.
[Ord. No. 79-4 § 3.7]
The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger, to prevent unsanitary conditions and related hazards, to minimize danger to public health by protecting water supplies, recharge areas and the natural drainage system; and to promote the health, safety and welfare of the residents of Elmer Borough and property owners in or near streams or areas subject to flooding.
a.
Flood Plain Designation Map. There are hereby designated within Elmer Borough flood plain areas comprised of those sections of the Borough which are shown on the Map designated as the Elmer Borough Flood Plain Map which is hereby made a part of this chapter.
1.
Map Filing. For purposes of defining the application of the Flood Plain Area Map to any specific area, the maps, data and other source utilized to establish, define and designate flood plain areas shall be kept on file in the Borough Engineer's office and shall be proof of the intended limits of the flood plain areas.
2.
Floodway. Within the flood plain areas described above, there are hereby designated floodways as defined in this chapter.
3.
Amendment. Any change in the Flood Plain Map may be recommended by the Borough Engineer based upon a proper survey and upstream drainage calculations or as a result of an acceptable engineering delineation by an outside agency. The Borough Council may consider these recommendations for proper enactment as an amendment to this chapter.
b.
Procedure.
c.
Interpretation of Boundaries; Appeals.
1.
In case of any dispute concerning the boundaries of flood plain areas or floodways as shown on the Elmer Borough Floodplain Area Map, a determination shall be made by the Borough Engineer.
2.
The Borough Engineer may certify that the area is not within the flood plain or that the floodway is smaller than defined by this chapter if conclusive and documented information is submitted by the applicant.
3.
Any party aggrieved by a decision of the Borough Engineer as to the proper location of the boundaries may appeal to the Zoning Board of Adjustment. For the purpose of this section, if the Borough Engineer has determined the map boundary lines to be correct, any change to the boundaries applied for shall be considered by the Board of Adjustment as an application for use variance. The burden of proof in any such appeal shall be on the applicant.
4.
Any appeal to utilize land located within the flood plain for purposes not permitted by this section shall be considered by the Board of Adjustment as an application for a use variance.
d.
Permitted Uses.
1.
Within the floodway of any flood plain areas, the following uses, excluding structures, and no others, shall be permitted:
(a)
Pasture, grazing land;
(b)
Recreational uses not requiring regrading or removal of trees, shrubs, or vines such as: park, picnic grove, boating club, and excluding closed structures or storage areas;
(c)
Game farm, fish hatchery;
(d)
Hunting and fishing reserves;
(e)
Wildlife sanctuary, woodland preserve or arboretum;
(f)
Open areas need to meet yard and area requirements for any permitted use in this and other zoning districts as specified in this chapter.
2.
Within the remaining portion of flood plain areas, all uses listed in Subsection d1 above, together with those uses permitted and required by this chapter for zone districts shall be permitted provided that:
(a)
The minimum lot area shall be two acres, or the prevailing lot area requirement for the zoning district, whichever is larger.
(b)
The maximum lot coverage shall be 5%.
(c)
Any structure proposed to be erected, constructed or located shall not have a basement.
(d)
The first floor elevation of any principal use structure shall be at or above the 100 year flood level as determined by the Borough Engineer. Any fill used to raise the existing elevation of a building site shall not encroach upon the floodway of any watercourse.
(e)
Any use, construction or substantial improvement shall comply with the Borough Flood Hazard chapter. (See Chapter 24, Flood Damage Prevention)
(f)
No vegetation removal or regarding of the site shall be carried out within a flood plain unless expressly permitted by the Elmer Planning Board after site plan review. The Board shall further determine that any land disturbance activity shall be the minimum required to accomplish the use to be permitted.
(g)
No zoning permit shall be issued for any use requiring new or expanded water or sewer facilities, including on-site systems, without evidence of review and approval by the proper health officials and a statement by the Borough Engineer that water and/or designated sewer facilities are located and/or designated to avoid impairment from flooding.
(h)
In the case of lots split by the flood plain area designation, all construction and accompanying land disturbance activities shall take place outside the flood plain area, unless construction within or land disturbance of the flood plain area is permitted in accordance with the provisions of this subsection.
3.
Where less than 20% of an existing lot is located within a flood plain area, the uses, as permitted and regulated by this chapter for the zone district in which the area is located, shall apply, provided that no structures are placed within the flood plain area and no fill encroaches upon the floodway.
4.
All nonconforming uses, created as a result of the enactment of these regulations, shall not be expanded or be rebuilt or reestablished in the event of their destruction or abandonment, except as provided by this subsection.
e.
Municipal Liability. The granting of a zoning permit in the flood plain area shall not constitute a representation, guarantee or warranty of any kind by the Borough of Elmer, or by any official or employee thereof, of the practicability, or safety or floodproof status of the proposed use, nor shall the granting of such a permit create any liability upon the Borough of Elmer, its officials or employees.