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West Cocalico Township
City Zoning Code

PART 14

FP - FLOODPLAIN DISTRICT

§ 27-1401 Purpose.

[Ord. 116, 9/7/2011, § 1400]
1. 
The FP - Floodplain District seeks the following purposes:
A. 
To regulate development which will cause unacceptable increases in flood heights, velocities, and frequencies.
B. 
To restrict or prohibit certain uses susceptible to flood damage.
C. 
To require all uses which do occur in floodplains to be protected against flooding and to be provided with all necessary access and utilities, which shall also be protected from flood damage.

§ 27-1402 Lands in District Defined.

[Ord. 116, 9/7/2011, § 1401]
1. 
The FP - Floodplain District shall include all of the following lands within West Cocalico Township:
A. 
The identified floodplain area shall be those areas of West Cocalico Township, Lancaster County, which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated April 19, 2005, and the accompanying maps prepared for Lancaster County by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
B. 
100-year flood boundaries of lands identified by the United States Geological Survey or the United States Army Corps of Engineers.
C. 
All land which has been flooded by floods of record.
D. 
All additional land delineated where the Zoning Officer may require an on-site study or survey which determines the precise boundaries of the FP - Floodplain District as specified in the following paragraph: Where the complete and definitive information necessary to delineate the boundary of the FP - Floodplain District is not available to the Zoning Officer in his consideration of an application for a permit, he shall require such on-site studies and/or surveys to be made as are necessary to fix the precise boundaries of the floodplain as defined above.

§ 27-1403 Boundary Disputes.

[Ord. 116, 9/7/2011, § 1402]
1. 
Should a dispute concerning any boundary of the FP - Floodplain District arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board. The applicant shall bear the burden of proof and be responsible for all fees as may be set forth in § 27-2406 of this chapter.
2. 
Any changes to the boundaries of the FP - Floodplain District are subject to the review and approval of FEMA for compliance with the rules and regulations of the National Flood Insurance Program.

§ 27-1404 Relationship to Other Articles and Ordinances.

[Ord. 116, 9/7/2011, § 1403]
The provisions of the FP - Floodplain District create an overlay district which is applicable within all other zoning districts established by this chapter. To the extent the provisions of this Part are applicable and more restrictive, they shall supersede conflicting provisions within all other parts of this chapter and all other ordinances of West Cocalico Township. However, all other provisions of all other parts of this chapter and all other ordinances of West Cocalico Township shall remain in full force.

§ 27-1405 Permitted Uses.

[Ord. 116, 9/7/2011, § 1404]
1. 
The following uses are permitted only if done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, 35 P.S. § 691.1 et seq., as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, and all other applicable provisions of this chapter.
A. 
Agricultural, horticultural, and forestry uses, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
B. 
Public and private parks and recreation areas, excluding swimming pools, campsites, and any structures. Picnic tables, park benches, fireplaces, grills and playground equipment shall be permitted; if anchored to prevent flotation.
C. 
Activities related to the preservation and conservation of natural resources and amenities, excluding any structures.
D. 
Stream improvements, fish and farm ponds, dams, or stream relocations, as approved by the Pennsylvania Department of Environmental Protection.
E. 
Erosion and sedimentation control measures and stormwater management, facilities, and structures, provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.
F. 
Yards and open space areas.
G. 
One and two strand fences.
H. 
Grading and filling which would not increase the base flood elevation.

§ 27-1406 Special Exceptions.

[Ord. 116, 9/7/2011, § 1405]
1. 
The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in conformance with Part 23 and other provisions of this chapter:
A. 
Water-oriented uses and structures, fish hatcheries, and water-monitoring devices.
B. 
Culverts, bridges, and the approaches to such culverts and bridges, as approved by the Pennsylvania Department of Environmental Protection.
C. 
Parking lots, loading areas, driveways, and any other paved at-grade surfaces.
D. 
Flood-proofing and flood hazard reduction structures for nonconforming uses and structures.
E. 
Improvements and/or additions to existing structures within the FP - Floodplain District.

§ 27-1407 Prohibited Uses.

[Ord. 116, 9/7/2011, § 1406]
1. 
The following uses are prohibited in the FP - Floodplain District:
A. 
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
B. 
All structures, with the exception of those specifically allowed in §§ 1405 and 1406 of this Part.
C. 
Sanitary landfills and junkyards.
D. 
The placing or stripping of topsoil or fill material of any kind, exclusive of grading or filling necessary for the construction of structures for which a zoning permit has been issued.
E. 
Private on-site sewage disposal systems.
F. 
Swimming pools.
G. 
Cemeteries.
H. 
Hospitals.
I. 
Nursing homes.
J. 
Jails or prisons.
K. 
Manufactured home park or substantial improvement to an existing manufactured home park.
L. 
Feedlots.
M. 
Domestic or farm animal enclosures which will not allow all animals to escape flood waters without human assistance.
N. 
Any development, structure, or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this Part.
(1) 
Endanger human life.
(2) 
Obstruct, impede, retard, change, or increase the velocity, direction, or flow of flood waters.
(3) 
Increase the surface elevation of floods, or the frequency of floods.
(4) 
Catch or collect debris carried by flood waters.
(5) 
Be placed where the natural flow of the stream or flood waters would carry it downstream to the damage or detriment of property within or adjacent to the FP - Floodplain District.
(6) 
Degrade the water carrying capacity of any watercourse, channel, or floodplain.
(7) 
Increase the rate of local runoff, erosion, or sedimentation.
(8) 
Degrade the quality of surface water or the quality or quantity of ground water. This provision shall not prohibit acceptable fanning practices as permitted under Agriculture, Communities and Rural Environment (ACRE) legislation, known as Act 38 of 2005, 3 Pa.C.S.A. § 301 et seq.
(9) 
Be susceptible to flotation and subsequent movement which would cause damage to other property.
(10) 
Create unhealthful ponding or other unsanitary condition.
O. 
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, shall be prohibited within 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) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
(19) 
Any other materials or substances deemed hazardous by the Township, State or appropriate Federal agency.

§ 27-1408 Nonconforming Uses and Structures.

[Ord. 116, 9/7/2011, § 1407]
1. 
Continuation. All uses or structures lawfully existing in the FP - Floodplain District on the effective date of this chapter which are not in conformity with the provisions of this Part shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and flood- proofed, except as otherwise provided for in this Part. However, such nonconforming uses or structures may at any time be improved to comply with existing Pennsylvania or West Cocalico Township health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions.
2. 
Abandonment. Nonconforming uses or structures within the FP -Floodplain District shall be subject to Part 22 of this chapter. Additionally, the Board of Supervisors may require the removal of any abandoned nonconforming use or structure upon proper notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Board of Supervisors shall have the authority to itself cause the removal to be accomplished, with the costs of such removal to be paid by the property owner.
3. 
Expansion and Modification. A nonconforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of this Part. No nonconforming use or structure shall be expanded, enlarged, or altered in any way which increases its non-conformity with respect to height, area, yard, and other requirements established in this chapter, nor in any way which causes it to occupy more space within the FP - Floodplain District than was occupied by it on the effective date of this chapter.
4. 
Replacement and Rebuilding.
A. 
A nonconforming use or structure may be replaced, repaired, or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than 50% of its fair market value at the time of its damage or destruction. In such a case, however, the non-conformity of the new use or structure with respect to requirements as expressed in provisions of this chapter shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this Part.
B. 
A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with the provisions of this Part, all other provisions of this chapter, and all other ordinances of West Cocalico Township. The Zoning Hearing Board may, as a special exception, waive the requirements of this paragraph where it is demonstrated that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary and the least modification possible of the provisions of this Part.
C. 
The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction, and may call upon experts or authorities as he may deem necessary to assist in determining a fair and impartial determination. Such costs accrued in this determination shall be paid by the appellant.
5. 
Historic Structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of this section for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks provided that the criteria of Part 23 of this chapter are met.
6. 
Special Floodway Requirement. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the 100-year flood.

§ 27-1409 Design and Performance Standards.

[Ord. 116, 9/7/2011, § 1408]
Design and performance standards for all structures and uses within the FP - Floodplain District shall follow the criteria established in this chapter.

§ 27-1410 Zoning Permits.

[Ord. 116, 9/7/2011, § 1409]
1. 
In addition to complying with § 27-2304 of this chapter, the applicant shall provide the following information with any permit application for all structures within the FP - Floodplain District:
A. 
The elevation (in relation to mean sea level) of the lowest floor, including basement.
B. 
Whether or not the structure includes a basement.
C. 
If the structure has been flood-proofed, the elevation (in relation to mean sea level) to which the structure was flood-proofed.
D. 
A document certified by a professional engineer or architect, registered in the Commonwealth of Pennsylvania, certifying that the flood-proofing methods are adequate to withstand the flood depths, pressures, velocities, impact, uplift forces, and other factors associated with the determined flood height, and indicating the specific elevation (in relation to mean sea level) to which such structure is flood- proofed.
E. 
Elevation of the 100-year flood.
F. 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development.
2. 
The Zoning Officer may submit a copy of all plans and applications for proposed construction or other improvements within the FP - Floodplain District to any other appropriate agencies and/or individuals for review and comment.

§ 27-1411 Municipal Liability.

[Ord. 116, 9/7/2011, § 1410]
The granting of a permit or the making of any other administrative decision shall not constitute a representation, guarantee, or warranty of any kind by West Cocalico Township, or by any official, agent, or employee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this Part. There is also no assurance that lands not included in the FP - Floodplain District are now or ever will be free from flooding or flood damage.