Lansdale City Zoning Code
ARTICLE XXVI
Floodplain Conservation District
§ 405-2600 Legislative intent.
In addition to the purpose and statement of community development objectives found in Article I, § 405-102, of this chapter of the Borough of Lansdale, the specific intent of this district shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Borough of Lansdale. Furthermore, in light of the Borough's certification as eligible for federal flood insurance, it is the intent of this district to provide adequate protection for flood-prone properties within the Borough of Lansdale. In advancing these principles and the general purpose of this chapter and Comprehensive Plan, the following shall be the specific objectives of the Floodplain Conservation District:
A.
To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Borough.
B.
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.
C.
To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplied adjacent to and underlying flood hazard areas and promoting safe and unsanitary drainage.
D.
To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain.
E.
To protect those individuals who might choose, despite the flood dangers, to develop or occupy land on a floodplain.
F.
To protect adjacent landowners and those both upstream and downstream from damage resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
G.
To protect the entire Borough from individual uses of land which may have effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Borough.
H.
To maintain undisturbed the ecological balance between those natural system elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.
I.
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
J.
To provide access for the deposition of floodborne sediment.
K.
To require that uses vulnerable to floods be developed outside the floodplain so as to be protected from flood damage in accordance with the requirements of the Federal Flood Insurance Program, P.L. 93-234, as amended.[1]
[1]
Editor's Note: See 42 U.S.C. § 4001 et seq.
§ 405-2601 Establishment; delineation of boundaries.
A.
The Floodplain Conservation District is defined and established as those areas of the Borough subject to flooding as defined in Subsection A(1) and (2) of this section. The most extensive of these areas described in the following sources shall determine the outermost boundary of the Floodplain Conservation District.
(1)
Those areas subject to inundation by the waters of the one-hundred-year flood as delineated in the Flood Insurance Study and the accompanying Flood Insurance Rate Maps for the Borough of Lansdale, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 19, 1996, or the most recent revision thereof. Said floodplains shall be comprised of three subdistricts, as follows:
[Amended 12-18-1996 by Ord. No. 1598]
(a)
Floodway (F1): that portion of the Floodplain Conservation District required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing conditions, as demonstrated in the Flood Insurance Study referenced above.
(b)
Floodway Fringe (F2): those portions of land within the Floodplain Conservation District subject to inundation by the one-hundred-year flood lying beyond the floodway in areas where detailed study data and profiles are available.
(c)
Approximated Floodplain (F3).
[1]
Those portions of land within the Floodplain Conservation District subject to inundation by the one-hundred-year flood where a detailed study has not been performed but where a one-hundred-year floodplain boundary has been approximated. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[2]
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 Borough.
(2)
The low area adjoining and including any watercourse or drainagecourse or body of water subject to periodic flooding and delineated as alluvial soils or local alluvium by the Natural Resources Conservation Service, United States Department of Agriculture, in the Soil Survey of Montgomery County, April 1967.
B.
The Floodplain Conservation District shall be delineated on the Flood Insurance Rate Map (FIRM) of the Borough of Lansdale, which is hereby made a part of this chapter and is available for inspection at the Borough Office.
[Amended 12-18-1996 by Ord. No. 1598]
C.
Any change in the Floodplain Conservation District as from time to time may be determined to be proper hereunder shall be forthwith reflected on said map.
D.
Studies used to establish the floodplain boundaries shall be available in the Borough Office for reference.
§ 405-2602 Overlay concept.
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
A.
Should the Floodplain Conservation District be declared inapplicable to any tract by reason of action of the Borough Council in amending this chapter or the Zoning Hearing Board or any court of competent jurisdiction in interpreting the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this district.
B.
Should the zoning of any parcel or any part thereof in which the Floodplain Conservation District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Floodplain Conservation District unless such change was included as part of the original application.
§ 405-2603 Permitted uses.
A.
The following uses and no others shall be permitted in the Floodplain Conservation District:
(1)
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
(2)
Pasture and grazing land in accordance with recognized soil conservation practices.
(3)
Outdoor plant nurseries or orchards in accordance with recognized soil conservation practices.
(4)
Wildlife sanctuaries, woodland preserves, aboretums and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.
(5)
Forestry, lumbering and reforestation in accordance with recognized natural resource conservation practices but permitting no structures.
(6)
Utility transmission lines.
(7)
Sealed public water supply wells with approval of proper state agencies and the Borough Council and the Borough Engineer.
(8)
Sanitary sewers with approval of the proper state agencies and the Borough Council and the Borough Engineer.
(9)
Front, side or rear yards and lot area in excess of the minimum dimensional and area requirements established for each zoning district.
B.
All permitted uses are subject to floodproofing regulations in applicable codes. Any of the uses or development activity in Subsection A above shall not be permitted within the designated floodway unless the effect of such proposed activity on one-hundred-year-flood heights is fully offset by accompanying stream improvements.
[Amended 12-18-1996 by Ord. No. 1598]
§ 405-2604 Special exception uses.
In any application for a special exception under this section, the burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community nor that it will violate the declaration of legislative intent and standards set forth in § 405-2600. In addition thereto, any applicant seeking a special exception before the Zoning Hearing Board shall, upon request, furnish the Zoning Hearing Board, the Borough Planning Commission and the Borough Engineer or any party designated by the Zoning Hearing Board with the information detailed in § 405-2607 of this chapter. Until such data has been supplied and analyzed to the satisfaction of the Zoning Hearing Board, no final decision, other than rejection of the application, shall be made for any special exception hearing under this section. All expenses incurred for the hereinbefore-stated requirements shall be borne by the applicant. The following uses shall be permitted in the Floodplain Conservation District, upon approval by the Zoning Hearing Board, as a special exception:
A.
In all zoning districts: front, side and/or rear yards and uses customarily incidental thereto, except that no structures, including but not limited to swimming pools, fences, etc., shall be permitted. Inclusion of floodplain lands within any lot in order to meet minimum area or yard requirements shall be forbidden, and the land area within the Floodplain Conservation District shall not be calculated for the purposes of determining lot areas or yard requirements in any zoning district in the Borough of Lansdale.
B.
Recreational use, including private or commercial as well as public, such as parks, camps, picnic areas, golf courses, fishing and sport or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas. Any toilet facilities shall be approved by the Borough Engineer and shall be connected to public water and sewage systems and subject to the floodproofing regulations in applicable ordinances.
C.
Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Borough Engineer and the Borough Council.
D.
Sealed public water supply wells, with the approval of the Borough Engineer.
E.
Dams, culverts and bridges, with the approval of appropriate Commonwealth of Pennsylvania departments or agencies with jurisdiction.
F.
Accessory uses customarily incidental to the permitted uses under § 405-2603, provided that no structures are located in the Floodplain Conservation District as per § 405-2605A.
§ 405-2605 Prohibited uses.
The following uses shall be specifically prohibited in the Floodplain Conservation District:
A.
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.
B.
The filling of marshlands, grading of any type, removal of topsoil or damming or relocation of any watercourse without approval of the Borough Council, which shall first have received the recommendation of the Borough Planning Commission and the Natural Resources Conservation Service, United States Department of Agriculture, thereon, and the approval of the Pennsylvania Department of Environmental Protection. In addition, all adjacent communities and the Bureau of Community Planning of the Pennsylvania Department of Community and Economic Development shall be notified prior to the alteration or relocation of a watercourse. Copies of such notification shall be sent to the Federal Insurance Administrator. The flood-carrying capacity within the altered or relocated portion shall be maintained.
C.
Sanitary landfills, dumps, junkyards and outdoor storage of vehicles and materials.
D.
Paved or all-weather parking lots.
E.
Act 166 regulated activities:[1]
(1)
Identification. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[2] the following activities have been identified as being dangerous to human life or posing a special hazard in floodplain areas:
(a)
Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:
[1]
Acetone.
[2]
Ammonia.
[3]
Calcium carbide.
[4]
Benzene.
[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 substance, insofar as such substances are not otherwise regulated.
(b)
The construction, enlargement or expansion of any structure used or intended to be used for any of the following:
[1]
Hospitals (public or private).
[2]
Nursing homes (public or private).
[3]
Jails or prisons.
(c)
The commencement of or any construction of a new mobile home park or mobile home subdivision or substantial improvement to an existing mobile home park or mobile home subdivision.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Floodplain restrictions. Within any identified floodplain area, the activities described in Subsection E(1) above shall be prohibited, and no variance shall be granted.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 405-2606 Subdivision and land development approval.
All plans for subdivision and land development, a portion or portions of which are within the Floodplain Conservation District, including the development of any recreation or utility use, shall be reviewed in normal course by the Borough Planning Commission. Uses and/or activity adjacent to the Floodplain Conservation District shall be in accordance with the regulations and requirements of this chapter of the Borough of Lansdale and the districts in which that area exists. However, no building or structure of any nature or any work such as filling or excavation shall be allowed within a horizontal buffer area established at one foot above that base flood elevation. The buffer may be part of any lot to meet zoning lot area and yard requirements.
§ 405-2607 Application procedures.
A.
In the Floodplain Conservation District, as defined in § 405-2601 herein, a permit granting approval shall be required for any man-made change to or development of improved or unimproved real estate. An application for such a permit shall be filed with the Zoning Officer, who shall make an initial determination on the application. For a use other than as permitted in § 405-2603, an application seeking approval for a special exception or variance shall be forwarded to the Borough as prescribed in § 405-2604. In addition, the Borough shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or commonwealth law.
[Amended 12-18-1996 by Ord. No. 1598]
B.
The application for a special exception 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)
An application to the Borough Council for amending the boundaries of the Floodplain District if the boundaries will be affected by the proposed special exception or variance.
§ 405-2608 Procedures for consideration of a special exception or variance.
All applications for approval of a special exception or variance shall be considered using standards listed in § 405-2609.
A.
The Zoning Hearing Board shall require that recommendations of the Natural Resources Conservation Service be submitted as part of the application for a special exception or variance in matters concerning or related to the Floodplain Conservation District.
B.
The Zoning Hearing Board shall request review recommendations from the Borough Planning Commission, the Borough Engineer and the Montgomery County Planning Commission to assist in determining the impact of the proposed use, and the subject recommendations shall become part of the public hearing testimony, and the final hearing shall not be held until such recommendations have been received by the Zoning Hearing Board.
C.
In rendering a decision, 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.
D.
The Zoning Hearing Board will render a decision within 45 days of the closing of the last hearing on the application.
§ 405-2609 Standards for granting of special exceptions or variances.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 405-2600 herein. The Zoning Hearing Board, in considering special exception 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 down stream, shall not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of the Borough of Lansdale or of other municipalities in the same watershed shall not be adversely affected.
D.
New structures and substantial improvements to existing structures permitted by special exception or variance shall be elevated, floodproofed and anchored in full compliance with Chapter 146, Building Construction, Article I, as amended, and applicable current federal and commonwealth regulations.
[Amended 12-18-1996 by Ord. No. 1598]
E.
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, pertaining to special exceptions, was repealed 12-18-1996 by Ord. No. 1598.
F.
An affirmative decision shall not be issued by the Zoning Hearing Board for an application within the designated floodway unless the effect of such proposed activity on one-hundred-year-flood heights is fully offset by accompanying stream improvements, as evidenced by permits granted by the proper state agency.
[Amended 12-18-1996 by Ord. No. 1598]
G.
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 and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all decisions as required in § 405-2609.
H.
The Zoning Hearing Board shall maintain a record of all decisions, including justification for their issuance, and report such decisions issued in an annual report submitted to the Federal Insurance Administration.
§ 405-2610 Additional standards for approval of uses by variance.
A property owner of a lot of record, as of the date of the enactment of this article, who is able to prove that the strict enforcement of this article would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Conservation District may seek relief by applying for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after decision upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district as specified in § 405-2600 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 405-2609 herein.
C.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing Board upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(2)
Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to provide relief.
(3)
Affirmative decisions shall only be issued in compliance with the requirements of Section 912 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10912.
§ 405-2611 Boundary disputes and appeals.
A.
In cases of any dispute concerning the boundaries of a Floodplain Conservation District, the initial determination shall be made by the Borough Engineer.
B.
Any party aggrieved by the decision of the Borough Engineer as to the boundaries of the Floodplain Conservation District, as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or corrections indicated by additional detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XXII of this chapter and §§ 405-2607, 405-2608 and 405-2609 herein. The burden of proof in such appeal shall be on the applicant.
C.
Insofar as various natural conditions, including the Floodplain Conservation District as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers. Whether a proposed use is within the Floodplain Conservation District shown on the Floodplain Overlap Map shall, upon appeal from the decision of the Borough Engineer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Borough Planning Commission and the validation of the United States Army Corps of Engineers and/or other governmental agencies.
D.
The Zoning Hearing Board shall require that the review and recommendation of the Natural Resources Conservation Service be submitted as part of the application by the applicant on matters concerning the Floodplain Conservation District.
E.
All changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Insurance Administrator, and such approval shall be submitted to the Zoning Hearing Board at the hearing.
§ 405-2612 Nonconforming uses.
A.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in § 405-2600 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located. Improvements or additions to nonconforming structures or uses within all floodplain areas shall be in conformance with the floodproofing and related provisions contained in all other applicable codes and ordinances enforced in the Borough. No expansion of a nonconforming use shall be allowed if such expansion may cause harm or injury or otherwise violate the intent of this article as set forth in § 405-2600 hereof.
B.
The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located without consideration of this article shall be governed by the requirements of Article XX of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in §§ 405-2609 and 405-2610 herein are applied to the expansion or continuance of said nonconforming use or structure.
C.
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this district shall be governed by the standards contained in §§ 405-2609 and 405-2610 herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
§ 405-2613 Borough liability.
The grant of a zoning permit or approval of a subdivision plan in the Floodplain Conservation District shall not constitute a representation, guaranty or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.
