Manchester Township York County
City Zoning Code
City Zoning Code
PART 10
FP-FLOODPLAIN DISTRICT
§ 27-1001 General Provisions.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2009-01, 7/14/2009, § 3]
1.
Purposes. 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 flood proofed against 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 Manchester Township and shown on the Official Zoning Map and the FEMA Flood Insurance Rate Maps (FIRM) with an effective date of September 25, 2009, as being located within the boundaries of any floodplain district.
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 Part and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
4.
Warning and Disclaimer of Liability.
A.
The degree of flood protection 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 will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of Manchester Township or any officer or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made there under.
§ 27-1002 Establishment of Zoning District.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2009-01, 7/14/2009, § 3]
1.
Overlay Concept.
A.
The FP-Floodplain District shall be an overlay to the existing underlying districts as shown on the Official Zoning Map and, as such, the provisions for the floodplain district shall serve as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or requirements of the FP-Floodplain District and those of any underlying district the more restrictive provisions and/or those pertaining to the floodplain district shall apply.
C.
In the event any provision concerning a FP-Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
2.
Zoning Map. The boundaries of the FP-Floodplain Districts are established as shown on the Flood Insurance Rate Map, Panels 42133CO 191, 42133CO 192, 42133CO 193, 42133CO 194, 42133CO 211, 42133CO 213, 42133CO 306, 42133CO 307, 42133CO 326, 42133CO 327 dated "Preliminary 8/22/2009" with an "effective date of 9/25/2009" prepared by the Federal Emergency Management Agency (FEMA) for the Township. The said maps are hereby incorporated into and made a part of the Official Zoning Map of Manchester Township as amended. A copy of said maps shall be kept on file at the offices of the Township and be available for inspection at any time.
3.
District Boundary Changes. The delineation of any of the floodplain districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).
4.
Interpretation of District Boundaries. Initial interpretations of the boundaries of the FP-Floodplain District shall be made by the Zoning Officer. Should a dispute arise concerning the boundary of the district, 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.
§ 27-1003 District Provisions.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2009-01, 7/14/2009, § 3]
All uses, activities, and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of Chapter 8 of the Code of Ordinances of Manchester Township, the Manchester Township Floodplain Ordinance [Chapter 8]; the provisions of the underlying Zoning District of this chapter of the Code of Ordinances of Manchester Township and with all other applicable codes and ordinances, including but not limited to, the Manchester Township Building Permit Ordinance [Chapter 4, Part 2], the Manchester Township Building Code Ordinance [Chapter 5, Part 2], and the Manchester Township Subdivision and Land Development Ordinance [Chapter 22].