Solebury Township City Zoning Code
PART 21
FLOODPLAIN CONSERVATION DISTRICT
§ 27-2101 Purpose.
[Ord. 94, 6/8/1988, § 1400; as amended by Ord. 2014-11, 6/17/2014, Art. I]
1.
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 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.
§ 27-2102 Applicability.
[Ord. 94, 6/8/1988, § 1401; as amended by Ord. 2014-11, 6/17/2014, Art. I]
These provisions shall apply to all lands within the Township and shown as being located within the boundaries of the designated Floodplain Conservation District which is considered as an overlay to and part of the Official Zoning Map.
§ 27-2103 Compliance.
[Ord. 94, 6/8/1988, § 1402; as amended by Ord. 2014-11, 6/17/2014, Art. I]
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 chapter, the Township Floodplain Ordinance [Chapter 8] and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
§ 27-2104 Warning and Disclaimer of Liability.
[Ord. 94, 6/8/1988, § 1403; as amended by Ord. 2014-11, 6/17/2014, Art. I]
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 dams, ice jams or bridge openings restricted by debris. This chapter does not imply that areas outside the Floodplain Conservation District, or that land uses permitted within such district will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 27-2105 Establishment of Floodplain Conservation District.
[Ord. 94, 6/8/1988, § 1404; as amended by Ord. 153, 5/3/1994, § 1; by Ord. 2014-11, 6/17/2014, Art. I; and by Ord. 2015-3, 3/16/2015, Art. II]
1.
Description of District.
A.
The Floodplain Conservation District shall include the following:
(1)
Any areas of Solebury Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMS) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(2)
For areas abutting streams and watercourses where the base flood elevation (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study, prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies, shall be used to delineate the base flood elevation. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the base flood shall be included in the Floodplain Area.
[Amended by Ord. 2017-7, 8/15/2017]
B.
The Floodplain Conservation District is delineated for purposes of this chapter using the criterion that a certain area must be capable of carrying the waters of the base flood without increasing the water surface elevation of that area.
[Amended by Ord. 2017-7, 8/15/2017]
C.
Overlay Concept.
(1)
The Floodplain Conservation District described above shall be an overlay to the existing underlying districts as shown on the Zoning Map; and, as such, the provisions for the Floodplain Conservation District shall serve as a supplement to the underlying district provisions.
(2)
Where there is conflict between the provisions or requirements for the Floodplain Conservation District and those of any underlying district, the more restrictive provisions shall apply.
(3)
In the event any provision concerning the Floodplain Conservation District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
§ 27-2106 Zoning Map.
[Ord. 94, 6/8/1988, § 1405; as amended by Ord. 2014-11, 6/17/2014, Art. I]
The boundaries of the Floodplain Conservation District are established as part of and as an overlay to the Zoning Map of the Township.
§ 27-2107 District Boundary Changes.
[Ord. 94, 6/8/1988, § 1406; as amended by Ord. 113, 1/16/1990, § 56; by Ord. 153, 5/3/1994, § 1; by Ord. 178, 6/15/1999, § IV.1; and by Ord. 2014-11, 6/17/2014, Art. I]
The delineation of the Floodplain Conservation District may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies are conducted or undertaken by the U.S. Army Corps of Engineers, the Delaware River Basin Commission, or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA) for those flood districts as described in § 27-2105, Subsection 1(A)(1).
§ 27-2108 Interpretation of District Boundaries.
[Ord. 94, 6/8/1988, § 1407; as amended by Ord. 2014-11, 6/17/2014, Art. I]
Interpretations of the boundaries of the Floodplain Conservation District shall be made by the Floodplain Administer appointed by the Board of Supervisors pursuant to the Township Floodplain Ordinance [Chapter 8].
§ 27-2109 Floodplain Conservation District Provisions.
[Ord. 94, 6/8/1988, § 1408; as amended by Ord. 106, 4/18/1989, § 1; by Ord. 120, 8/7/1990, § 1; by Ord. 138, 5/26/1992, § 42; by Ord. 178, 6/15/1999, § IV.2, .3; and by Ord. 2014-11, 6/17/2014, Art. I]
1.
All uses, activities and development occurring within the Floodplain Conservation District shall be undertaken only in strict compliance with the provisions of this chapter, the Township Floodplain Ordinance [Chapter 8], and with all other applicable codes and ordinances, such as the Township Building Code [Chapter 5] and Subdivision and Land Development Ordinance [Chapter 22]. In addition, all such uses, activities and the development shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334; Pennsylvania Sewage Facilities Act (Act 537), 35 P.S. § 750.1 et seq.; Pennsylvania Dam Safety and Encroachment Act (Act 325), 32 P.S. § 693.1 et seq.; and, Pennsylvania Clean Streams Act (Act 394), 35 P.S. § 691.1 et seq.
2.
Under no circumstances shall any use, activity and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
3.
In the Floodplain Conservation District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, state and federal authorities as required above.
4.
Use Regulations.
B.
Uses Permitted by Right. The following uses and activities permitted, provided that they are in compliance with the provisions of the underlying district; are not prohibited by any other ordinance; do not require structures, fill or storage of materials and equipment; and that no building shall be placed within 25 feet of the boundary of any Floodplain Conservation District:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2)
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 natural preserves, game farms, fish hatcheries and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.
(4)
Accessory commercial uses-yard areas, pervious parking and loading areas.
C.
Uses Permitted by Special Exception or Conditional Use. The following uses and activities may be permitted by special exception or conditional use provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance. Applications shall be by conditional use to the Board of Supervisors for all lots and parcels of land where either a land development or subdivision is required. Existing lots being developed without a land development or subdivision shall proceed by application for a special exception before the Zoning Hearing Board.
(1)
Utilities, public facilities and improvements such as railroads, streets and bridges which cross the floodplain, utilities, transmission lines, pipe lines and other similar or related uses.
(2)
Water-related uses and activities such as marinas, docks, wharves, piers, and the like.
(3)
Temporary uses such as circuses, carnivals and similar activities.
(5)
Storage of materials and equipment provided that they are not buoyant, flammable, explosive or polluting, and are not subject to major damage by flooding, and 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.
(6)
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 provision contained in the Floodplain Ordinance [Chapter 8] and other applicable codes and ordinances.
D.
Expansion of Existing Buildings or Structures. When permitted as a variance by the Zoning Hearing Board, any building or structure within the floodplain at the time of enactment of the chapter may be altered or extended, provided that:
(1)
The alteration or extension conforms with all applicable regulations of this chapter and the Floodplain Ordinance [Chapter 8].
(2)
Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.
(3)
No increase of any on-lot sewer system presently located either wholly or partially in the floodplain shall be permitted.
E.
Prohibition of Development Which May Endanger Human Life.
(1)
In accordance with the Pennsylvania Floodplain Management Act, 32 P.S. § 619.101 et seq., and the regulations adopted by the Department of Community and Economic Development as required by the Act, 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) of any of the following dangerous materials or substances on the premises or will involve the production, storage, or use of any amount of radioactive substances, shall be prohibited in any identified floodplain area:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
§ 27-2110 Special Exceptions and Variances; Additional Factors to Be Considered.
[Ord. 94, 6/8/1988, § 1409; as amended by Ord. 106, 4/18/1989, §§ 2–6; by Ord. 153, 5/3/1994, § 1; and by Ord. 2014-11, 6/17/2014, Art. I]
1.
During consideration of applications for special exceptions, variances or conditional uses, the Zoning Hearing Board (in the case of a special exception or variance) and the Board of Supervisors (in the case of a conditional use) shall review the materials submitted, together with all relative factors and procedures as specified in all other sections of the Zoning Ordinance, Floodplain Ordinance [Chapter 8] and Subdivision and Land Development Ordinance [Chapter 22], as well as the following:
A.
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or conditional use shall be granted for any proposed use, development or activity that will cause any increase in flood levels in the Floodplain Conservation District.
B.
The danger that materials may be swept into other lands or downstream to the injury of others.
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 by ordinary and emergency vehicles in times of flood.
K.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater at the site.
L.
The Zoning Hearing Board (in the case of a special exception or variance), or the Board of Supervisors (in the case of a conditional use) may request additional studies be performed by, or under the direction of, the Township Engineer or other expert designated by the Board of Supervisors for further 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. All costs, charges and expenses shall be paid by the applicant.
M.
Special exception, variances and/or conditional uses shall only be issued after the Zoning Hearing Board (in the case of a special exception or variance) or the Board of Supervisors (in the case of a conditional use) has determined that the granting of such will not result in:
(1)
Any increase in the base flood elevation.
[Amended by Ord. 2017-7, 8/15/2017]
(2)
Additional threats to public safety.
(3)
Extraordinary public expense.
(4)
Creation of nuisances.
(5)
Fraud or victimization of the public.
(6)
Conflict with local laws or ordinances.
(7)
Modification greater than that necessary to obtain relief.
2.
Whenever a variance, special exception or conditional use is granted, the Township shall notify the applicant in writing that the Township disclaims any and all liability and that the applicant bears whatever risks exist since:
§ 27-2111 Administration.
[Ord. 94, 6/8/1988, § 1410; as amended by Ord. 2014-11, 6/17/2014, Art. I]
A floodplain permit issued pursuant to Part 2, "Administration," of the Floodplain Ordinance [Chapter 8] and zoning permit shall be required for all construction and development within a Floodplain Conservation District which includes, but is not limited to, paving, filling, grading, excavation, mining, dredging or drilling operations and the like.