Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XVI
FPC - Floodplain Conservation District
§ 285-134 Declaration of legislative intent.
In expansion of the declaration of legislative intent found in Article I, § 285-2, of this chapter, and the statement of community development objectives found in Article I, § 285-3, of this chapter it is the intent of this article to:
A.
Protect areas of floodplain subject to and necessary for the containment of flood waters.
B.
Minimize danger to public health by protecting water supply and natural drainage; to provide for the preservation of natural drainageways.
C.
Permit and encourage the retention of open space land while providing for such uses and development as are compatible with these objectives.
D.
Provide regulations to ensure eligibility for owners of flood prone properties in compliance with the requirement for Federal Flood Insurance.
E.
Establish certain restrictions which are necessary within the floodplains to protect the general health, welfare and safety of the community.
F.
Prevent the erection of structures in areas unsuitable by reason of danger from flooding.
G.
Minimize danger to public health by protecting surface and subsurface water supplies and promoting safe and sanitary drainage.
H.
Permit certain uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow of storage of flood water, or otherwise cause danger to life and property at, above or below their locations along the floodway.
I.
Protect nonconforming properties of individuals who have developed or occupied land in a floodplain prior to enactment of this chapter.
J.
Protect the Township from unsuitable uses of land which may cause increased expenditures for public works and disaster relief and adversely effect the economic well being of the Township.
K.
Permit only those uses in the floodplain compatible with the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year.
L.
Provide sound floodplain management for the benefit of landowners adjacent to the floodplain and for other municipalities within the same watershed, and help protect them from the impact of improper development and the consequent increased potential for flooding.
M.
Protect the open floodplain to provide for the deposition of flood borne sediment.
N.
Protect drainage courses which carry abnormal flows of stormwater in periods of heavy precipitation.
O.
Require that any permitted structures in the floodplain, including public facilities, be constructed so as to be protected from flood damage in accordance with the requirements of the National Flood Insurance Program, P.L. 90-448, and the Pennsylvania Floodplain Management Act, P.L. 851, No. 166.
§ 285-135 Definition and establishment of district.
[Amended 3-13-1997 by Ord. No. 97-2; 2-11-2016 by Ord. No. 2016-03]
§ 285-136 Overlay concept.
The Floodplain District shall be an overlay on all zoning districts and shall function in accordance with the following:
A.
For any lot or portion thereof lying within the floodplain, the regulations of the Floodplain District shall take precedence over the regulations of the underlying district.
B.
Should the underlying zoning of any lot or any part thereof which is located in the Floodplain District be changed through any legislative or judicial action, such change shall have no effect on the overlying Floodplain District unless such change was included as part of the original application.
C.
Should the overlying Floodplain District be declared inappropriate to any lot through any legislative or judicial actions, such change shall have no effect on the underlying Zoning District.
§ 285-137 Permitted uses.
[Added 2-11-2016 by Ord. No. 2016-03[1]]
The following uses and no other will be permitted in the Floodplain Conservation District, provided that no structure is associated with the use except as specifically noted herein. All such uses shall be subject to the provisions and requirements of Chapter 140, Floodplain Management:
A.
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
B.
Pasture and grazing of land, including necessary fencing, all in accordance with recognized soil conservation practice. Fencing for pasture and grazing is permitted, provided that it shall be installed and oriented to maximize the passage of floating debris under flooding conditions as determined by the Zoning Officer.
C.
Open space uses, including wildlife sanctuary, woodland preserve, arboretum and similar uses.
D.
Passive recreation areas and passive parks, including bicycle, bridle and hiking trails.
E.
Forestry, lumbering and reforestation when reviewed and approved by the Montgomery County Conservation District.
F.
Utility transmission lines.
G.
Sealed water supply wells and water supply lines, whether public or private, when approved by the Township Engineer.
H.
Sealed sanitary sewers, whether public or private, when approved by the Township Engineer.
I.
Streambank stabilization.
[1]
Editor’s Note: This ordinance also repealed former § 285-137, Permitted uses, amended 8-13-1998 by Ord. No. 98-4.
§ 285-138 Prohibited uses.
[Amended 2-11-2016 by Ord. No. 2016-03[1]]
The following uses; or the commencement of any of the following activities; or the construction, enlargement or expansion of any structure used, or intended to be used, for any of the following activities are specifically prohibited in the Floodplain Conservation District:
A.
Landfills, dumps, junkyards.
B.
Outdoor storage of vehicles and materials.
C.
New or substantially improved structures.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(a)
Will be used for the production or storage of any of the following dangerous materials or substances; or,
(b)
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,
(c)
Will involve the production, storage or use of any amount of radioactive substances;
(2)
The following list of materials and substances are considered dangerous to human life, including, but not limited to:
(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, sulfur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such not otherwise regulated.
D.
On-lot sewage disposal systems.
E.
The relocation, alteration, encroachment or improvement of any kind to any watercourse.
F.
Hospitals (public or private).
G.
Nursing homes, convalescent homes, any type of housing and/or care facilities for the elderly and/or physically and/or mentally disabled (public or private).
H.
Jails or prisons.
I.
Manufactured home parks or manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
J.
Manufactured homes.
L.
The storage or use of recreational vehicles.
M.
Placement or storage of topsoil, grass clippings, and other similar earthen or organic materials.
N.
Sod farming.
O.
Detention basins.
P.
Sewer treatment plants and pumping stations.
[1]
Editor’s Note: This ordinance also repealed former § 285-138, Prohibited uses.
§ 285-139 Conditional uses.
[Amended 2-11-2016 by Ord. No. 2016-03[1]]
The following and no other uses are permitted when authorized as a conditional use by the Board of Supervisors; provided that such use shall meet the standards set forth in this article. Such use shall be permitted subject to such reasonable conditions and safeguards as the Board of Supervisors may determine. All conditional uses must meet the requirements of the underlying district.
A.
Game farm, fish hatchery, or hunting and fishing reserve, for the protection or propagation of wildlife.
B.
Active, public and private, recreational uses and activities, such as: parks, camps, picnic areas, golf courses, fishing, wildlife and nature preserves, boating clubs. Piers, docks, floats, or open shelters usually found in developed outdoor recreation areas are permitted when accessory to such uses. No enclosed structures, or structures that will interfere with the flow of flood waters, are permitted. Toilet facilities are permitted when connected to public water and sewage systems.
C.
Road, driveway, agricultural and utility crossings and associated culvert or bridge structures where the requirements of the Riparian Corridor Conservation District for Corridor Crossings are met (§§ 285-211 and 282-212).
D.
Development of elevated and flood-proofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization.
E.
Storm sewers.
F.
Similar uses, as determined by the Zoning Officer.
[1]
Editor's Note: This ordinance also repealed former § 285-139, Permitted structures, amended 8-13-1998 by Ord. No. 98-4.
§ 285-140 Conditional use and variance procedures and conditions.
[Amended 2-11-2016 by Ord. No. 2016-03[1]]
Requests for conditional uses shall be considered by the Upper Frederick Township Board of Supervisors in accordance with the applicable procedures contained in Article VII of Chapter 285 and the following contained below. Requests for variances shall be considered by the Upper Frederick Township Zoning Hearing Board in accordance with the applicable procedures contained in Article VI of Chapter 285, Articles VI and VII of Chapter 140, and the following:
A.
No conditional use or variance shall be granted for any construction, development, use or activity within any floodway area/district that would cause any increase in the BFE (as defined by Chapter 240).
B.
No conditional use or variance shall be granted for any construction, development, use or activity within any AE Area/District without floodway (as defined by Chapter 240) that would, together with all other existing and anticipated development, increase the BFE at any point.
D.
If granted, a variance shall involve only the least modification necessary to provide relief.
E.
In granting any conditional use or variance, the Board of Supervisors and Zoning Hearing Board, respectively, shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
F.
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause including:
(a)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance[2] in the neighborhood or district in which the property is located;
(b)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance,[3] and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c)
That such unnecessary hardship has not been created by the appellant;
(d)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(2)
That failure to grant the variance would result in exceptional hardship to the applicant.
(3)
That the granting of the variance will:
H.
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
I.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
[1]
Editor's Note: This ordinance also repealed former § 285-140, Special exceptions, amended 8-13-1998 by Ord. No. 98-4.
§ 285-141 through § 285-149. (Reserved) [1]
[1]
Editor's Note: Former §§ 285-141 through 285-149, regarding special exceptions, variances, and technical provisions, were repealed 2-11-2016 by Ord. No. 2016-03.