Leet Township City Zoning Code
PART 11
FLOODPLAINS
§ 27-1101 General Provisions.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. I]
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 Leet 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 within the terms and provisions of this chapter and any other applicable ordinance and regulations which apply to uses within the jurisdiction of this Part.
4.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part 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 Part 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.
B.
This Part shall not create liability on the part of the Township of Leet or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
5.
Abrogation and Greater Restrictions. This chapter supersedes any conflicting ordinance currently in effect in flood areas. However, any other applicable ordinance shall remain in full force and effect to the extent that those provisions are more restrictive. Except where provisions of this chapter are amended or modified or repealed hereby, they shall remain in full force and effect.
§ 27-1102 Establishment of Zoning Districts.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. II]
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 prepared by Michael Baker, Jr., Inc., for the Federal Insurance Administration, completed March 18, 1978.
(1)
The Floodway District (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 district are specifically defined in Table 1 of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.
(2)
The Flood-Fringe District (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district 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 District (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-Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance 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 Township.
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 of the Floodplain Districts shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provision 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 action or judicial discretion, the basic underlying district provisions shall remain applicable.
2.
Zoning Map. The boundaries of the Floodplain Districts are established as a part of the official Zoning Map of the Township of Leet which is declared to be a part of this chapter and which shall be kept on file at the Township of Leet offices.
3.
District Boundary Changes. The delineation of any of the Floodplain Districts may be revised by the Township of Leet where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, Rivers 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.
§ 27-1103 District Provisions.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. III; and as amended by Ord. 260, 3/11/1996, § 27-1103]
1.
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 Building Code [Chapter 5].
2.
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch or any other drainage facility or system.
3.
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, Dams and Encroachment Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
4.
Floodway District (FW). In the Floodway District no development shall be permitted except where the effect of such development on flood height is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.
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 ordinance and provided that they do not require structures, fill or storage of materials and equipment.
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 ordinance:
(1)
Structures except for mobile homes accessory to the uses and activities in Subsection 4A 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 and ordinances.
5.
Flood-Fringe District (FF). In the Flood-Fringe District the development 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 and ordinances.
6.
General Floodplain Conservation District (FA).
A.
In the General Floodplain District no development, use or activity (including fill, grading and/or substantial improvements to structures, etc.) shall be permitted unless the applicant for the proposed development, use or activity has demonstrated that the proposed undertaking, when combined with all other existing and anticipated development, uses and activities will not increase the water surface elevation of the one-hundred-year flood more than one foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increases in flood heights.
B.
In the floodway portion of the district no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements. Only those uses and/or activities provided for in the Floodway District (FW) shall be permitted in the floodway portion of this District.
§ 27-1104 Special Exceptions and Variances; Additional Factors to Be Considered.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. IV]
1.
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 this chapter and:
A.
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 within the floodway that will cause any increase in flood levels during the one-hundred-year flood.
B.
The danger that materials may be swept onto other lands or downstream to the injury of other.
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 of ordinary and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
L.
Such other factors which are relevant to the purposes of this chapter.
2.
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 protection and other related matters.
3.
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:
§ 27-1105 Existing Structures in Floodplain Districts.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. V]
1.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:
A.
Existing structures and/or uses located in any Floodway District shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements).
B.
Any modification alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any Floodplain District to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the Floodplain District.
C.
The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in a Floodplain District to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.
D.
Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.
§ 27-1106 Definitions.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. VI]
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.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).