[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. I]
1.
Purpose. 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 floodproofed
against flooding and 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 the Township of Leet and shown as
being located within the boundaries of the designated floodplain districts
which are considered as a part of the Official Zoning Map.
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 within
the terms and provisions of this chapter and any other applicable
ordinance and regulations which apply to uses within the jurisdiction
of this Part.
4.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions
of this Part 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 Part does not imply that areas outside the floodplain
districts, or that land uses permitted within such districts will
be free from flooding or flood damages.
B.
This Part shall not create liability on the part of
the Township of Leet or any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
5.
Abrogation and Greater Restrictions. This chapter
supersedes any conflicting ordinance currently in effect in flood
areas. However, any other applicable ordinance shall remain in full
force and effect to the extent that those provisions are more restrictive.
Except where provisions of this chapter are amended or modified or
repealed hereby, they shall remain in full force and effect.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. II]
1.
Description of Districts.
A.
Basis of Districts. The various Floodplain Districts
shall include areas subject to inundation by waters of the one-hundred-year
flood. The basis for the delineation of these districts shall be the
Flood Insurance Study prepared by Michael Baker, Jr., Inc., for the
Federal Insurance Administration, completed March 18, 1978.
(1)
The Floodway District (FW) is delineated for
purposes of this chapter using the criteria that a certain area within
the floodplain must be capable of carrying the waters of the one-hundred-year
flood without increasing the water surface elevation of that flood
more than one foot at any point. The areas included in this district
are specifically defined in Table 1 of the above referenced Flood
Insurance Study and shown on the accompanying Flood Boundary and Floodway
Map.
(2)
The Flood-Fringe District (FF) shall be that
area of the one-hundred-year floodplain not included in the Floodway
District. The basis for the outermost boundary of this district shall
be the one-hundred-year flood elevations contained in the flood profiles
of the above referenced Flood Insurance Study (FIS) and as shown on
the accompanying Flood Boundary and Floodway Map.
(3)
The General Floodplain District (FA) shall be
that floodplain area for which no detailed flood profiles or elevations
have been provided. They are shown on the maps accompanying the FIS
prepared by FIA. Where the specific one-hundred-year flood elevation
cannot be determined for this area using other sources of data such
as the U.S. Army Corps of Engineers, Floodplain Information Reports,
U.S. Geological Survey-Floodprone Quadrangles, etc., then the applicant
for the proposed use, development and/or activity shall determine
this elevation in accordance with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
B.
Overlay Concept.
(1)
The Floodplain Districts described above shall
be overlays to the existing underlying districts as shown on the official
Zoning Map, and as such, the provisions of the Floodplain Districts
shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between
the provision or requirements of any of the Floodplain Districts and
those of any underlying district the more restrictive provisions and/or
those pertaining to the Floodplain Districts shall apply.
(3)
In the event any provision concerning a Floodplain
District is declared inapplicable as a result of any legislative or
administrative action or judicial discretion, the basic underlying
district provisions shall remain applicable.
2.
Zoning Map. The boundaries of the Floodplain Districts
are established as a part of the official Zoning Map of the Township
of Leet which is declared to be a part of this chapter and which shall
be kept on file at the Township of Leet offices.
3.
District Boundary Changes. The delineation of any
of the Floodplain Districts may be revised by the Township of Leet
where natural or man-made changes have occurred and/or more detailed
studies conducted or undertaken by the U.S. Army Corps of Engineers,
Rivers Basin Commission or other qualified agency or individual documents
the notification for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration
(FIA).
4.
Interpretation of District Boundaries. Initial interpretation
of the boundaries of the Floodplain Districts shall be made by the
Zoning Officer. Should a dispute arise concerning the boundaries of
any of the districts, 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.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. III; and as amended by Ord. 260, 3/11/1996, § 27-1103]
1.
All uses, activities and development occurring within any Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Township Building Code [Chapter 5].
2.
Under no circumstances shall any use, activity and/or
development adversely affect the capacity of the channels or floodways
or any watercourse, drainage ditch or any other drainage facility
or system.
3.
Prior to any proposed alteration or relocation of
any stream, watercourse, etc., within the Township, a permit shall
be obtained from the Department of Environmental Protection, Dams
and Encroachment Division. Further, notification of the proposal shall
be given to all affected adjacent municipalities. Copies of such notification
shall be forwarded to both the Federal Insurance Administration and
the Department of Community Affairs.
4.
Floodway District (FW). In the Floodway District no
development shall be permitted except where the effect of such development
on flood height is fully offset by accompanying improvements which
have been approved by all appropriate local and/or state authorities
as required above.
A.
Permitted Uses. In the Floodway District the following
uses and activities are permitted provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided that they do not require structures,
fill or storage of materials and equipment.
B.
Uses Permitted by Special Exception. The following
uses and activities may be permitted by special exception provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance:
(1)
Structures except for mobile homes accessory
to the uses and activities in Subsection 4A above.
(2)
Utilities and public facilities and improvements
such as railroads, streets, bridges, transmission lines, pipelines,
water and sewage treatment plants and other similar or related uses.
(3)
Water-related uses and activities such as marinas,
docks, wharves, piers, etc.
(4)
Extraction of sand, gravel and other materials.
(5)
Temporary uses such as circuses, carnivals and
similar activities.
(6)
Storage of materials and equipment provided
that they are not buoyant, flammable or explosive, and are not subject
to major damage by flooding, or 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.
(7)
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 provisions contained in all other applicable
codes and ordinances.
5.
Flood-Fringe District (FF). In the Flood-Fringe District
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying district provided that all
such uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in all other applicable codes and ordinances.
6.
General Floodplain Conservation District (FA).
A.
In the General Floodplain District no development,
use or activity (including fill, grading and/or substantial improvements
to structures, etc.) shall be permitted unless the applicant for the
proposed development, use or activity has demonstrated that the proposed
undertaking, when combined with all other existing and anticipated
development, uses and activities will not increase the water surface
elevation of the one-hundred-year flood more than one foot at any
point. The engineering principle, equal reduction of conveyance, shall
be used to make the determination of increases in flood heights.
B.
In the floodway portion of the district no development
shall be permitted except where the effect of such development on
flood heights is fully offset by accompanying improvements. Only those
uses and/or activities provided for in the Floodway District (FW)
shall be permitted in the floodway portion of this District.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. IV]
1.
In passing upon applications for special exceptions
and variances, the Zoning Hearing Board shall consider all relevant
factors and procedures specified in other sections of this chapter
and:
A.
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No special exception
or variance shall be granted for any proposed use, development or
activity within the floodway that will cause any increase in flood
levels during the one-hundred-year flood.
B.
The danger that materials may be swept onto other
lands or downstream to the injury of other.
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 in times of flood
of ordinary and emergency vehicles.
K.
The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters expected at the site.
L.
Such other factors which are relevant to the purposes
of this chapter.
2.
The Zoning Hearing Board may refer any application
and accompanying documentation pertaining to any request for a special
exception or variance to any engineer or other qualified person or
agency for 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.
3.
Special exceptions and/or variances shall only be
issued after the Zoning Hearing Board has determined that the granting
of such will not result in:
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. V]
1.
A structure or use of a structure or premises which
lawfully existed before the enactment of these provisions, but which
is not in conformity with these provisions may be continued subject
to the following conditions:
A.
Existing structures and/or uses located in any Floodway
District shall not be expanded or enlarged (unless the effect of the
proposed expansion or enlargement on flood heights is fully offset
by accompanying improvements).
B.
Any modification alteration, repair, reconstruction
or improvement of any kind to a structure and/or use located in any
Floodplain District to an extent or amount of less than 50% of its
market value shall be elevated and/or floodproofed to the greatest
extent possible regardless of its location in the Floodplain District.
C.
The modification, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use regardless of
its location in a Floodplain District to an extent or amount of 50%
or more of its market value shall be undertaken only in full compliance
with the provisions of this and any other applicable ordinance.
D.
Uses or adjuncts thereof which are, or become, nuisances
shall not be permitted to continue.
[Ord. 168, 7/10/1978; as added by Ord. 172, 7/9/1979, Art. VI]
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging, or drilling operations and the subdivision
of land.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
