Upper Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE VI
FP Floodplain Conservation District
§ 350-49 Declaration of legislative intent.
In expansion of the declaration of legislative intent found in Article I, § 350-4, and the statement of community development objectives found in Article I, § 350-5, of this chapter, the specific intent of the FP Floodplain Conservation District shall be to conserve and protect floodplain areas, as defined herein, subject to and necessary for the containment of floodwaters, as well as to permit and encourage the use of said areas for open space purposes, so as to constitute a harmonious and appropriate aspect of the continuing physical development of Upper Pottsgrove Township. In implementing these principals and the general purposes of the Comprehensive Plan and this chapter, the following specific objectives are intended to be accomplished by the adoption of the FP Floodplain Conservation District:
A.
To combine with other zoning requirements, as an overlay, certain restrictions for flood prone areas to promote the general health, safety and welfare of the Township.
B.
To prevent inappropriate development in flood-prone areas made unfit for human usage by reason of danger from flooding.
C.
To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood-prone areas and promoting safe and sanitary drainage.
D.
To permit only those uses that are compatible with development of flood areas, as herein defined, and which will not impede the flow or storage of waters, or otherwise cause danger to life and property at, above, or below their locations along the floodplains.
E.
To protect those individuals who choose, despite the cited flood dangers, to develop or occupy land on a floodplain.
F.
To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.
G.
To protect individuals and adjacent landowners in the Township and/or other municipalities both upstream and downstream from damages resulting from inappropriate floodplain development and the resultant obstruction or increase in flow of floodwaters.
H.
To protect the entire Township from uses of land which could have an effect upon subsequent expenditures for public works and disaster relief and, thus, adversely affect the economic well-being of the Township.
I.
To promote the ecological balance among those natural system elements, such as wildlife, vegetation and aquatic life, dependent upon watercourses and water areas.
J.
To protect other municipalities within the same watershed from the impact of improper development and the resultant increased potential for flooding.
K.
To provide retention areas for the temporary storage of floodwaters.
L.
To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234, and any subsequent amendments thereto.
§ 350-50 Boundaries of district.
[Amended 6-23-1980 by Ord. No. 119; 12-12-1994 by Ord. No. 257; 11-25-1996 by Ord. No. 273]
A.
The FP Floodplain Conservation District is defined and established as follows:
(1)
Those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Township by the Federal Insurance Administration dated December 19, 1996, or the most recent revision thereof. These areas are delineated in the Flood Insurance Rate Map (FIRM) and are subdivided into the following subareas: floodway, floodway-fringe and general floodplain.
(2)
The low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow and delineated as alluvial soils or local alluvium by the Soil Conservation Service, U.S. Department of Agriculture, in the Soil Survey of Montgomery County, 1967, as revised and updated to reflect existing conditions.
B.
Those areas referred to in Subsection A shall be plotted, if, as and when feasible, on the Zoning Map to indicate the approximate boundaries of the Floodplain Conservation District.
C.
The Zoning Map, as well as copies of the study and survey described in Subsection A, above, shall be available to the public in the Township Municipal Office.
D.
Whenever there is a difference between the Zoning Map and the maps and data contained in the aforementioned study or survey, the maps and data contained in the study or survey shall determine the boundaries of the Floodplain Conservation District.
E.
All subsequent changes in the boundaries of the Floodplain Conservation District shall be plotted, if, as and when feasible, on the Zoning Map as amendments thereto. No changes to the floodway boundaries or one-hundred-year flood elevations of the Flood Insurance Study shall be made without prior approval of the Federal Insurance Administrator.
§ 350-51 District overlay concept.
The Floodplain Conservation District shall be deemed to be an overlay on any zoning district(s) now or hereafter enacted to regulate the use of land in Upper Pottsgrove Township.
A.
The Floodplain Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses are intended to be located within the boundaries of the Floodplain Conservation District, as defined herein, and said uses are in conflict with the permitted uses set forth in this article.
B.
In those areas of Upper Pottsgrove Township where the Floodplain Conservation District applies, the requirements of the Floodplain Conservation District shall supersede the requirements of the underlying zoning district(s).
C.
Should the Floodplain Conservation District boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this article.
D.
Should the zoning classification(s) of any parcel or any part thereof on which the Floodplain Conservation District is an overlay be changed, as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Floodplain Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.
§ 350-52 Boundary interpretation and appeals procedure.
An initial determination as to whether or not the Floodplain Conservation District applies to a given parcel shall be made by the Zoning Officer.
A.
Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the Floodplain Conservation District boundary or because the criteria used in delineating the boundary, as set forth in § 350-50 of this article, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article XX, § 350-162, of this chapter.
B.
The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant.
§ 350-53 Conservation uses permitted throughout district.
The following uses shall be permitted in the Floodplain Conservation District:
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive recreation areas, including parks but excluding enclosed structures.
B.
Game farm and/or hunting preserve for the protection and propagation of wildlife but excluding enclosed structures.
C.
Forestry and reforestation in accordance with recognized soil conservation practices.
D.
Pasture and controlled grazing of animals in accordance with recognized soil conservation practices.
E.
Recreational uses, such as parks, with such activities as hiking, bicycle and bridle trails, camps, picnic areas, gold courses but excluding enclosed structures.
F.
Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.
G.
Cultivation and harvesting of crops in accordance with recognized soil practices.
H.
Nonstructural accessory uses (except swimming pools) necessary for the operation and maintenance of the above-permitted uses.
I.
Front, side and rear yards and required lot area in the underlying zoning district(s), provided such yards are not to be used for an on-site sewage disposal system. The minimum setback of any structure from the edge of any watercourse shall be determined by the front, side or rear yard requirements in the underlying zoning district(s). Should this unduly restrict the development of the land in question the minimum setback requirement may be modified upon a determination of the Township Engineer. In no case, however, shall said modification encroach upon the floodplain as defined in § 350-50 of this article.
J.
Similar uses to the above which are in compliance with the intent of this article.
§ 350-54 Uses permitted by special exception.
[Amended 6-23-1980 by Ord. No. 119; 11-25-1996 by Ord. No. 273]
The following uses may be permitted by a special exception from the Zoning Hearing Board, upon the condition that no use permitted as a special exception shall increase the elevation of the established flood level by more than one foot at any point. No use shall be permitted in a designated floodway except where the rise in flood heights caused by the proposed use is fully offset by accompanying improvements.
A.
Uses accessory to recreational activities, not to include enclosed structures or toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas.
B.
Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Township Engineer, appropriate sewer authorities and the Pennsylvania Department of Environmental Protection, when accompanied by proof of the necessity for locating within the boundaries of the Floodplain Conservation District.
C.
Sealed public water supply wells with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
D.
Dams, culverts and bridges with the approval of appropriate authorities with jurisdiction such as the Pennsylvania Department of Environmental Protection.
E.
Sanitary or storm sewers and impoundment basins, with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
F.
Roads, driveways and parking facilities.
(1)
Roads and driveways shall not be permitted if there is a reasonable alternative alignment. In any case, previous rather than impervious materials shall be utilized in the construction of any such road or driveway.
(2)
Parking facilities shall not be permitted unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users or downstream properties. Temporary parking for periods not to exceed one hour, or parking for recreation uses would be examples of such exceptions. In any case, previous rather impervious materials shall be utilized in the construction of any parking facility.
G.
Grading or regrading of lands, including the deposit of topsoils and the grading thereof. The application for a special exception for such a use shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question, including the necessary data to determine whether the boundaries of the Floodplain Conservation District would be affected if the application were granted.
(2)
An application for amending the boundaries of the Floodplain Conservation District if the boundaries are affected by the grading or regrading of land.
(3)
A plan indicating the deposition of any fill or materials proposed to be deposited by the grading or regrading of land: such fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.
H.
Utility transmission lines.
I.
Fences of wood, wire or other material which will not impede the flow of floodwaters and debris.
J.
Uses similar to the above which are in compliance with the intent of this article.
§ 350-55 Prohibited uses unless variance obtained.
[Amended 6-23-1980 by Ord. No. 119; 10-24-1983 by Ord. No. 145]
The following uses shall not be permitted in the Floodplain Conservation District, unless a variance is obtained:
A.
Freestanding structures, buildings and retaining walls, except those specifically permitted by special exception under the provisions of § 350-54 of this article.
C.
The relocation of any watercourse without approval by the Pennsylvania Department of Environmental Protection and the Board of Commissioners after receipt of the recommendations.
D.
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.
E.
On-site sewage disposal systems.
F.
Private water supply wells.
§ 350-56 Prohibited uses with or without variance.
[Amended 10-24-1983 by Ord. No. 145]
Under no circumstances shall the following uses be permitted in the one-hundred-year floodplain, with or without a variance:
A.
Nursing homes.
B.
Hospitals.
C.
Jails or prisons.
D.
New mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks.
E.
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 or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions:
(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)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
§ 350-57 Application procedure.
[Amended 6-23-1980 by Ord. No. 119]
For any use of land in the Floodplain Conservation District, excepting uses existing as of the date of the enactment of this chapter, an application for a zoning permit shall be filed with the Zoning Officer who shall make an initial determination on the application.
A.
For a use other than those permitted in § 350-54, an application seeking approval by special exception shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
Any application involving the use of fill, the construction of structures, or storage of material, shall be accompanied by the following:
(1)
A plan certified by a registered professional engineer which accurately locates the proposed use with respect to the floodplain district limits, channel or stream, existing development in the floodplain within 200 feet of the proposed development site, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations; and floodproofing measures including those required by the Township Building Code,[1] as amended, and the provisions of this article.
(2)
The following additional information as deemed necessary by either the Zoning Officer or the Zoning Hearing Board for the evaluation of effects of the proposal upon flood flows and floodwater storage and to render a decision on the proposed use:
(a)
A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water information.
(b)
Plan surface view showing elevation or contours of the ground; pertinent structures, fill or storage elevations; size, location and spatial arrangement, including lowest floor elevations, of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities and soil types and other pertinent information.
(c)
Profile showing the slope of the bottom of the channel of flow line of the stream.
(d)
Specifications for building construction and materials, including "floodproofing" measures, filling, dredging, grading, channel improvement, storage or materials, water supply, and sanitary facilities.
(e)
Plan or document certified by a registered professional engineer that the floodproofing measures are consistent with requirements for flood protection as set forth in Floodproofing Regulations, Office of the Chief of Engineers, U.S. Army Corps of Engineers, Washington, D.C., June 1972, and include:
[1]
Anchorage to resist flotation and lateral movements.
[2]
Installation of watertight doors, bulkheads, and shutters.
[3]
Reinforcement of walls to resist water pressures.
[4]
Use of paints, membranes or mortar to reduce seepage of water through walls.
[5]
Additions of mass or weight to structures to resist flotation. Installation of pumps to lower water levels in structures.
[6]
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
[7]
Pumping facilities for subsurface external foundation wall and basement water pressures.
[8]
Construction to resist rupture or collapse caused by water pressure or floating debris.
[9]
Cutoff valves on sewer lines, or the elimination of gravity flow basement drains.
[10]
Elevation of structures to reduce the likelihood of flood damage.
§ 350-58 Procedures for consideration of special exception.
[Amended 11-26-1990 by Ord. No. 218]
All applications for approval by special exception shall be considered using the standards set forth in § 350-59 of this article.
A.
The Zoning Hearing Board shall request the review and recommendations of the Soil Conservation Service, U.S. Department of Agriculture, and the U.S. Army Corps of Engineers, at least 30 days prior to the public hearing.
B.
In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed use(s) to conform with the intent of this article.
§ 350-59 Standards for approval of uses by special exception.
[Amended 6-23-1980 by Ord. No. 119; 3-8-1993 by Ord. No. 243; 11-25-1996 by Ord. No. 273]
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 350-49 of this article. In considering a use as a special exception, the Zoning Hearing Board shall consider the following:
A.
The effect of the use shall not substantially alter the cross-sectional profile of the streams or other floodplains at the location of the proposed use. Any effect on flood heights of a use in a designated floodway shall be totally offset by accompanying improvements.
B.
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of Upper Pottsgrove Township or of other municipalities in the same watershed shall not be adversely affected.
D.
Any structure permitted by special exception shall include those floodproofing measures set forth in § 350-57B of this article without limitation because of specific enumeration.
E.
Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the Township, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dam Safety, Obstructions, and Storm Water Management, as specified in the Dam Safety and Encroachment Act, 1978, November 26, P.L. 1375, No. 325, §§ 1 to 28, as amended, 32 P.S. § 693.1 et seq. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
F.
Prior to the issuance of any building permit the Zoning Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
G.
Whenever a special exception is granted permitting a structure to be built with less than watertight floodproofing to the level of the one-hundred-year flood, the Township shall notify the applicant for special exception that increased premium rates for flood insurance may result.
§ 350-60 Standards for considering uses by variance.
[Amended 6-23-1980 by Ord. No. 119; 11-25-1996 by Ord. No. 273]
A property owner of a lot of record, as of the date of the enactment of this chapter, who is able to prove that the strict enforcement of this article would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Conservation District may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board shall consider all applications for a use using the procedures set forth in § 350-58 of this article.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this article, as specified § 350-49.
B.
Any uses permitted by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, and shall be designed to have minimum effect upon the flow and height of floodwater. The first floor elevation of all structures shall be at a minimum of not less than one foot above the established flood level. Fully enclosed spaces below the lowest floor shall be prohibited.
C.
An application for a variance shall be accompanied by the appropriate data as set forth in § 350-59 of this article.
D.
Any structure permitted by variance shall be in accordance with the standards set forth in § 350-59 of this article.
E.
No variance shall be granted that will result in any increase in one-hundred-year flood elevations.
F.
If granted, a variance shall involve only the least modification necessary to provide relief.
G.
Whenever a variance is granted, the Township shall notify the applicant in writing that the granting of the variance may result in increased premium rates for flood insurance and may increase the risks to life and property.
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 Federal Insurance Administration.
§ 350-61 Uses or structures rendered nonconforming.
[Amended 11-26-1990 by Ord. No. 218; 11-25-1996 by Ord. No. 273]
Following the adoption of this article, any use or structure which is situated within the boundaries of the FP Floodplain Conservation District and which does not conform to the permitted uses specified in § 350-53 of this article shall become a nonconforming use or structure regardless of its conformance to the district in which it is located without consideration of this article. The continuation, extension or expansion of said nonconforming use or structure shall be governed by the requirements of Article XVIII of this chapter. However, the Zoning Hearing Board, in considering requests for a special exception or a variance for or in connection with the extension or expansion of said nonconforming use or structure, shall consider and apply the standards set forth in § 350-59 of this article (with respect to applications for a special exception) and § 350-60 of this article (with respect to applications for a variance), in addition to such other standards as provided in this chapter.
§ 350-62 Certificate of occupancy.
No vacant land shall be occupied or used, and no building hereafter erected, altered, or moved within the Floodplain Conservation District shall be occupied, until a certificate of occupancy shall have been issued by the Zoning Officer. The Zoning Officer shall request the applicant to submit a certification by a registered professional engineer or land surveyor that the finished fill and building floor elevations, floodproofing measures, or other flood protection factors were accomplished in compliance with the provisions of this chapter. The Zoning Officer shall within 10 days after receipt of such certification from the applicant issue a certification of occupancy only if the building or premises and the proposed use thereof conform with all the requirements of this chapter.
§ 350-63 Municipal liability.
The granting of a zoning permit or approval of a subdivision or land development plan in or near the Floodplain Conservation District shall not constitute a representation, guarantee or warranty of any kind by the Township, or by an official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township, its officials, or employees. The degree of flood protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside Floodplain Conservation District boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages.
§ 350-64 Sale of lots partially or entirely in district.
Before the sale of lots partially or entirely in a Floodplain Conservation District, developers or subdividers shall give written notice to the buyer or buyers indicating the Floodplain Conservation District as related to the boundaries of the lot to be sold.