Lower Allen Township
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Floodplain Districts
§ 220-272 Purpose.
The purpose of this article 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 of:
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.
§ 220-273 Applicability.
This article shall apply to all lands within the jurisdiction of the Township and shown on the Township Zoning Map as being located within the boundaries of the Floodway (FW), Flood Fringe (FF) and General Floodplain Conservation (FA) Districts.
§ 220-274 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 article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
§ 220-275 Warning and disclaimer of liability.
A.
The degree of flood protection sought by the provisions of this article 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 article 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 article shall not create liability on the part of the Township or any office or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 220-276 Establishment of floodplain districts.
The following floodplain districts are hereby created, each differing with respect to the intensity and nature of their flooding problems:
A.
The identified floodplain area shall be any areas of Lower Allen Township, subject to the 100-year flood, which is identified as Zone A (Area of Special Flood Hazard) in Flood Insurance Study (FIS) dated March 16, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
B.
Floodplain districts.
(1)
The Floodway District (FW) is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The district is shown on the Township Zoning Map. 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) is that area of the 100-year floodplain not included in the Floodway District (FW). The basis for the outermost boundary of this district shall be the 100-year-flood elevations contained in the flood profiles of the above referenced Flood Insurance Study.
(3)
The General Floodplain Conservation District (FA) is the floodplain area for which no specific flood profiles have been provided. It is designated as Zone A on the maps accompanying the above-referenced Flood Insurance Study. Where the specific 100-year-flood elevation cannot be determined for this area using other sources of data such as the United States Army Corps of Engineers Floodplain Information Reports, United States Geological Survey Flood Prone Quadrangles, etc., the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with the hydrologic and hydraulic engineering technique. This elevation information shall be subject to review by the municipality and other agency that it shall designate, such as the Corps of Engineers, the Department of Environmental Protection, the River Basin Commission, etc. Flood elevations for Cedar Run for the 100-year flood have been provided by and shall be obtained from the Township Engineer where not inconsistent with the maps accompanying the above-referenced Flood Insurance Study.
(4)
FE (Special Floodplain Area): the areas identified as Zone AE in the Flood Insurance Study, where 100-year-flood elevations have been provided, but no floodway has been delineated.
C.
Overlay concept.
(1)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for these three districts shall serve as a supplement to the underlying district provisions. All such districts shall be designated on the Township Zoning Map by the Township Engineer.
(2)
Where there is any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions shall apply.
(3)
In the event that any portion of the floodplain districts be declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the underlying zoning applicable to such land or use shall be deemed to be the district in which it is located without consideration of this article.
D.
Zoning Map. The boundaries of the floodplain districts are established as shown on the Zoning Map of the Township which is declared to be a part of this article and which shall be kept on file at the Township Municipal Building.
E.
District boundary changes. The delineation of any of the floodplain districts may be revised by the Board of Commissioners where natural or man-made changes have occurred or more detailed studies conduced or undertaken by the United States Army Corps of Engineers, Susquehanna River Basin Commission or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
F.
Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Township Engineer. Should a dispute arise concerning the boundaries of the districts, the Zoning Hearing Board shall make the necessary determination with the recommendations of the Township Engineer. 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.
§ 220-277 District provisions.
A.
All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable provisions of the Code of the Township of Lower Allen. For purposes of this section, the word "development" shall also mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, installation of drainage facilities or drilling operations.
B.
Under no circumstances shall any use, activity or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
C.
Prior to any proposed alteration or relocation of any stream of any watercourse, stream, etc., within the Township, a permit shall be obtained from the Department of Environmental Protection. Further, notification of the proposal shall be given to all affected adjacent municipalities and state coordinating offices. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Pennsylvania Department of Community and Economic Development (DCED).
D.
Floodway District (FW). In the Floodway District (FW), no use, activity or development shall be permitted, except where the effect of such on flood heights is fully offset by accompanying stream improvements which have been approved by all appropriate local and/or state authorities as required above.
(1)
Permitted uses. In the Floodway District (FW), the following uses, activities or developments are permitted, provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other article and provided that they do not require structures, fill or storage of materials and equipment:
(a)
Agricultural uses, such as general farming, pastures, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b)
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 skeet game ranges and hunting and fishing areas.
(c)
Accessory residential uses, such as yard areas, gardens, play areas and pervious parking areas.
(d)
Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, etc.
(2)
Uses permitted by special exception. The following uses, activities and development 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 article:
(a)
Water-related uses and activities, such as marinas, docks, wharves, piers, etc.
(b)
The extraction of sand, gravel and other materials.
(c)
Temporary uses, such as circuses, carnivals and similar activities.
(d)
Other similar uses and activities, provided that they cause no increase in flood heights or velocities. All uses, activities and developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable articles.
E.
Flood Fringe District (FF). In the Flood Fringe District (FF), uses, activities or development shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities or development shall be undertaken in strict compliance with the elevation or floodproofing and related provisions contained in this article and all other articles.
F.
General Floodplain Conservation District (FA).
(1)
In the General Floodplain Conservation District (FA), uses, activities or development shall be permitted in accordance with regulations of the underlying district, provided that all such uses, activities or development shall be permitted only if 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 100-year flood more than one foot at any point and shall be in strict compliance with the elevation or floodproofing and related provisions contained in this article and other applicable articles. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increases in flood heights.
(2)
In the floodway portion of the district, only those uses, activities or development provided for in the Floodway District (FW) shall be permitted in the floodway portion of this district, subject to the limitations set forth herein.
G.
Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
§ 220-278 Existing structures.
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 or uses located in the Floodway District (FW) shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements.
B.
Any modification, alteration, repair, reconstruction or improvement of any kind to a structure or use located in the floodplain districts, the cost of which is less that 50% of its market value, shall be elevated or floodproofed to the greatest extent possible, regardless of its location in the floodplain districts.
C.
The modification, alteration, repair, reconstruction or improvement of any kind to a structure or use, regardless of location in the floodplain districts, the cost of which is 50% or more of its market value, shall be defined as a substantial improvement and 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.
E.
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the 100-year-flood elevation more than one foot at any point.
§ 220-279 Administration.
A.
Zoning Officer. The Zoning Officer shall administer and enforce this article. If he/she finds a violation of the provisions of this article, he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
B.
Zoning permit.
(1)
Zoning permit required. A zoning permit shall be required for any use, activity or development, as defined in § 220-277, exterior structural addition or any substantial improvement or alteration of any building or structure or portion thereof prior to the use or change of use of a building, structure or land or prior to the change or extension of a nonconforming use in the floodplain districts.
(2)
Application for zoning permits. Application for a zoning permit shall be made, in duplicate, to the Zoning Officer, on forms furnished by him, and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill, storage of materials and the location of the foregoing in relation to the adjoining river, stream or watercourse, the underlying district, the floodplain district and base flood elevation data; all necessary permits from those governmental agencies from which approval is required by federal or state law.
(3)
Certificate of zoning compliance for new, altered or nonconforming uses.
(a)
No person shall use, develop or occupy or permit the use, development or occupancy of any building or land or both or part thereof hereafter erected, substantially improved or altered, structurally altered, enlarged or changed in its use until a certificate of zoning compliance has been issued therefor by the Zoning Officer, stating that the use, activity or development conforms to the requirements of this article.
(b)
No nonconforming structure or use shall be used after substantial improvement until a certificate of zoning compliance shall state specifically the particulars, if any, in which the nonconforming structure or use differs from the provisions of this article.
(4)
Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Zoning permits, special exception uses and certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided by this article. The applicant shall be required to submit a certification by the Township Engineer that the use, activity, development, building floor elevations, floodproofing or other flood protection measures are in compliance with the provisions of this article.
§ 220-280 Special exceptions and variances.
A.
Application. Application for a variance or for any use listed in this article as requiring a special exception may be allowed only upon application to the Zoning Officer, on forms furnished by him, and issuance of a special exception by the Zoning Hearing Board. Upon receipt of the application, the Zoning Officer shall forthwith submit it to the Board. The provisions of Article XXVII shall govern, except as otherwise provided in this article.
B.
Procedure to be followed by Zoning Hearing Board in passing upon application for special exception or variance.
(1)
Upon receiving an application for a variance or by special permit involving a use, activity or development in the floodplain districts, the Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following information as is deemed necessary by the Board for determining the suitability of the particular site for the proposed use, activity or development:
(a)
Plans in triplicate, drawn to scale, showing the nature, location, dimensions and elevation of the lot, existing floodproofing measures and the relationship of the above to the location of the floodway and 100-year flood.
(b)
A typical valley cross section showing the channel of the stream or watercourse, dimensions and elevation of floodway and 100-year flood areas and adjoining each side of the channel and cross-sectional areas to be occupied by the proposed use, activity or development.
(c)
A plan (surface view) showing elevations or contours of the ground: pertinent structural, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of all proposed and existing structures on the site; location and elevation of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.
(d)
A profile showing the slope of the bottom of the channel or flow line of the stream or watercourse.
(e)
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities.
(2)
The Board may, on its own initiative, retain the services of a registered professional engineer for evaluation purposes and, if necessary, the Board shall transmit to such engineer one copy of the information described herein for the purpose of obtaining his evaluation of the proposed project with regard to potential flood damage to the use, the magnitude of related floodplain encroachment and other relevant matters.
(3)
Based upon the technical evaluation by the designated engineer, the Board shall determine the specific flood hazard at the site of the proposed use or development for which a variance or special exception is being applied and shall evaluate the suitability of the proposed use in relation to the flood hazard.
C.
Factors to be considered.
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(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 of ordinary and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at this site.
(12)
Such other factors which are relevant to the purposes of this article.
D.
Variances can be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places where appropriate.
E.
Variances shall not be given in the floodway that result in any increase in flood levels during the 100-year flood.
F.
Variances may be given for new construction and substantial improvements on lots 1/2 acre or less in size, surrounded by lots with existing structures constructed below the 100-year-flood level.
G.
Where variances are given for an activity described in Subsection F herein, written notification signed by the Zoning Officer shall be given to the applicant, indicating that:
H.
Conditions attached to special exceptions or variances. Upon consideration of the factors listed above and the purpose of this article, the Board may attach such conditions to the granting of special exceptions or variances as it deems necessary to further the purposes of this article. Among such conditions, without limitation because of specific enumeration, may be included:
I.
No variance shall be granted for any construction, development, use or activity within any FE area that would, together with all other existing and anticipated development, increase the 100-year-flood elevation more than one foot at any point.
§ 220-281 Development which may endanger human life.
A.
The provisions of this section shall be applicable in addition to any other applicable provisions of this chapter or any other ordinance, code or regulation.
B.
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by said Act, any new or substantially improved structure which will be used for the production of storage of any of the following 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 materials or substances on the premises shall not be permitted in any floodplain district:
(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)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 220-282 Activities prohibited.
A.
The provisions of this section shall be applicable in addition to any other applicable provisions of this chapter or any other ordinance, code or regulation.
B.
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the said Act, the following obstructions and activities are not permitted in any floodplain district:
(1)
Hospitals, public or private.
(2)
Nursing homes, public or private.
(3)
Jails.
(4)
New mobile home parks and mobile home subdivisions and substantial improvements to existing mobile home parks.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 220-283 Elevation certificates.
A.
Township Engineer. The Township Engineer is hereby designated as the Local Community Permit Officer for the purposes of completing the elevation certificate as recommended by the Federal Emergency Management Agency National Flood Insurance Program. Any building owner, insurance agent or mortgage lender requiring an elevation certificate shall submit the same to the Township Engineer.
(2)
Upon receipt of the elevation certificate, the Township Engineer, as the designated Local Community Permit Officer, shall complete Section I, Eligibility Certification, and Section II, Elevation Certification. The owner or applicant, as applicable, shall be required to have Section III, Floodproofing Certification, completed.
B.
Costs. When an owner or applicant submits an elevation certificate to the Township for completion, the applicant shall also submit payment for the application completion fee. Said fee shall be established by resolution of the Board of Commissioners.