[1]
Note: A copy of the Flood Hazard Map is on
file at the Township Building.
The Flood Hazard District has been designed
to minimize the threat to public health, safety and welfare of flood
hazard areas in the Township associated with periodic inundation which
results in loss of property, loss of life, damage to structures, injury
to people, disruption of activities and services, public expenditures
for flood protection and relief, and impairment of the tax base. It
is the purpose of this article to:
A.
Minimize danger to public health by protecting water
supplies and natural drainage patterns in the Township.
B.
Minimize danger to public safety by regulating or
preventing the erection of buildings and other structures on lands
unsuitable for development by reason of periodic flooding.
C.
Minimize the financial burden imposed on the Township,
its governing body and its residents by preventing activities to locate
in areas subject to flooding.
D.
Prevent added downstream damage from increased volume
and rate of flow associated with flooding, and to permit uses of the
floodplain compatible with the preservation of natural resources and
the maintenance of unimpeded stream flow throughout the year.
The Flood Hazard District is defined and established
to be those areas of the Township which are subject to inundation
by a flood having a frequency of recurrence of one in 100 years. The
delineation of the Flood Hazard District shall be based on the following
data:
A.
Areas identified within the one-hundred-year floodplain
limits on the Flood Insurance Study as prepared by the Federal Emergency
Management Agency of the Federal Insurance Administration.
B.
Areas within and adjacent to an existing stream, swale
or waterway which, by hydrologic and hydraulic analysis, are calculated
to be inundated during a one-hundred-year flooding event.
[Amended 11-7-2005 by Ord. No. 161]
C.
Known high-water marks from past floods. In cases where more than one source is used, the Flood Hazard District boundary shall consist of the more extensive area between sources, subject to the provisions of § 200-64.
D.
Areas of alluvial soils based on either the Soil Survey
of Chester and Delaware Counties, Pennsylvania prepared by the U.S.D.A.
or actual soil surveys from field testing.
[Added 11-7-2005 by Ord. No. 161]
The delineation of any of the identified floodplain
area may be revised by the Board of Supervisors where natural or man-made
changes have occurred and more detailed studies conducted or undertaken
by the U.S. Army Corps of Engineers, River Basin Commission or other
qualified agency documents such changes. Prior to any change, approval
must be obtained from the Federal Insurance Administration (FIA).
The Flood Hazard District based on the delineation cited in § 200-61 shall be deemed an overlay on the otherwise applicable zoning districts as delineated on the New Garden Township Zoning Map. Should the Flood Hazard District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors, interpretation by the Zoning Hearing Board, or the decision of a court of competent jurisdiction, the underlying zoning provisions shall be deemed applicable.
Initial interpretation of the boundaries of
a Flood Hazard District shall be made by the Township Zoning Officer.
Where interpretation is needed as to the exact location of such boundaries,
as in the case of a conflict between mapped boundaries and actual
field condition, such interpretation shall be made by the Township
Engineer with a written report submitted to the Board of Supervisors.
The cost of engineering reports shall be borne by the applicant and
a property owner. Any party aggrieved by any determination by the
Township Engineer may appeal their case before the Zoning Hearing
Board. The party contesting the location of a Flood Hazard District
boundary shall be given a reasonable opportunity to present his case
to the Board and to submit his own technical evidence. The burden
of proof shall be on the party filing for the hearing.
All structures, tracts of land and water shall hereafter be used or developed in full compliance with the provisions of this article. Any land-altering activity shall not commence without first obtaining a zoning permit as defined in Article XIX.
This article supersedes any other conflicting
provisions which may be in effect prior to its adoption. This article
shall not repeal, abrogate or impair any existing easements, covenants
or deed restrictions.
The degree of flood protection sought by the
provisions of this article 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 article does not imply that areas outside
any identified floodplain area, or that land uses permitted within
such areas will be free from flooding or flood damage. This article
shall not create liability on the part of the Township of New Garden
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
A.
Uses permitted by right.
(1)
Agriculture, provided no structures are located within
the Flood Hazard District.
(2)
Recreational use, provided no structures are located
within the Flood Hazard District.
(3)
Accessory residential uses, such as yards and parking,
provided that no more than 1/3 of the total lot area for any lot situated
within the Flood Hazard District, and provided that no sewage disposal
system is located within 50 feet of the Flood Hazard District boundary.
(4)
No more than 1/4 of the open space designated for a residential cluster development as required under Article XV, provided that no structure is located within 50 feet from the Flood Hazard District boundary.
(5)
Permeable parking areas and roads.
B.
Uses by special exception. Only one of the following uses may be permitted per lot as a special exception when approved by the Zoning Hearing Board subject to the standards set forth in this section and Article XX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1)
Utilities and public facilities and improvements,
including pipelines and transmission lines.
(2)
Storm sewer outlets.
(4)
Water-related activities such as docks and piers when
designed to minimize the impact of flooding.
(5)
Dams, culverts, bridges and impoundment basins subject
to approval by the Pennsylvania Department of Environmental Protection,
and all other applicable regulatory agencies.
(6)
Temporary uses including fairs, carnivals, and similar
uses.
(7)
Sewage treatment plants and pumping stations subject
to approval by the Pennsylvania Department of Environmental Protection,
and all other applicable regulatory agencies.
C.
Prohibited uses. The following uses shall be prohibited
from locating entirely or partially within an identified flood hazard
area:
(1)
Hospitals.
(2)
Nursing homes.
(3)
Jails or prisons.
(4)
Manufactured home parks/mobile home parks, manufactured
home/mobile home subdivisions, and substantial improvements to existing
manufactured home parks/mobile home parks.
(5)
Residential uses.
(6)
The production or storage of any of the following
dangerous materials or substances in any amount:
(a)
Radioactive substances.
(b)
Acetone.
(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)
Ammonia.
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Petroleum products.
(r)
Pesticides.
(s)
Herbicides.
Existing structures and uses of land within
the floodway of the Flood Hazard District which do not conform to
the provisions of this article shall comply with the following regulations:
A.
Existing structures located within the floodway shall
not be enlarged or altered more than 50% of its present lot coverage
figure and once enlarged shall not be further expanded.
A.
The Zoning Hearing Board may, upon request, grant relief from a requirement under this article, should compliance with said requirement under this article, result in an exceptional hardship to a prospective applicant. The review of the Zoning Hearing Board on variance requests shall follow the guidelines established in Article XIX. In addition, the following factors shall be considered. No variance shall be granted for any use or structure within the floodway portion of a Flood Hazard District until:
(1)
The impact of the proposed activity or structure on
the floodway is offset by stream improvements.
(2)
The importance of a waterfront location by the proposed
use is demonstrated to be essential.
(3)
The accessibility of the tract to emergency vehicles
in times of flooding is ensured.
(4)
The danger of materials being swept onto lands downstream
has been addressed.
B.
No variance shall be granted for the construction
of a jail, nursing home, nursery or other institutional facility,
hospital, manufactured home park/mobile home park or other use regulated
under the Pennsylvania Flood Plain Management Act of 1978-166.[1]
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
C.
The Zoning Hearing Board shall notify the applicant
in writing that granting a variance to allow an activity or structure
in the floodway will result in increased premium rates for flood insurance,
and that such activity or structure increases risk to life and property.
D.
The Zoning Hearing Board shall maintain a record of
all decisions, and shall report all affirmation decisions to the Federal
Insurance Administration on an annual basis.
The Zoning Hearing Board shall attach the following
conditions to the granting of a special exception for variance where
applicable:
A.
Any modification, enlargement, alteration or improvement
to an existing structure shall be elevated not less than 1 1/2
feet above the one-hundred-year flood at the site.
B.
Any and all fill materials shall:
(1)
Extend laterally at least 15 feet beyond the building
from all points.
(2)
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
(3)
Be compacted and stabilized to provide the necessary
permeability and resistance to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal,
unless substantiated data, justifying steeper slopes are submitted
to, and approved by the Zoning Officer.
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
C.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall insure proper drainage along streets
and provide positive drainage away from buildings. The system shall
be designed to provide for zero increase in stormwater runoff onto
any adjacent property.
D.
Sanitary sewer facilities. All sanitary sewer facilities
and private package sewer treatment plants, including all pumping
stations and collector systems, shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the
systems into the floodwaters. In addition, they should be located
and constructed to minimize or eliminate flood damage and impairment.
E.
Water facilities. All water facilities shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and be located and constructed to minimize or eliminate flood damages.
F.
Streets. The finished elevation of proposed new streets
shall be equal to or higher than the one-hundred-year flood elevation.
G.
Utilities. All utilities such as gas lines, electrical
and telephone systems being placed in an identified floodplain area
should be located, elevated and constructed to minimize the chance
of impairment during a flood.
H.
Storage. All materials that are buoyant, flammable,
explosive or in times of flooding, could be injurious to human, animal
or plant life, shall be stored above the one-hundred-year flood elevation
and/or floodproofed to the maximum extent possible.
I.
Buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater. All buildings and structures
on or adjacent to floodplain areas shall make the following improvements:
(1)
Paints or other finishes used at or below the one-hundred-year
flood elevation shall be of water resistant quality.
(2)
Adhesives used at or below the one-hundred-year flood
elevation shall be water resistant.
(3)
All wooden components shall be finished with a water-resistant
paint or other finishing material.
(4)
Electric or gas water heaters, furnaces, air conditioning
and ventilating systems and other electrical equipment or apparatus
shall not be located below the one-hundred-year flood elevation.
(5)
Electrical distribution panels shall be at least three
feet above the one-hundred-year flood elevation.
(6)
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
J.
Anchoring. All structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse or lateral movement, as per approved engineering drawings
provided by the applicant.
A.
In addition to building and use permits which may
be otherwise required, a zoning permit shall be required for any man-made
change to improved or unimproved real estate in the Flood Hazard District.
Application for a zoning permit shall be filed with the Zoning Officer.
A permit will only be issued after it has been determined that the
proposed use and/or structure will be in conformance with the provisions
of this article, and that any new construction shall be located outside
of the floodway.
B.
A zoning permit shall be valid for one year from the
date of issuance. In no event shall any fees paid to the Township
for a zoning permit be refundable.
C.
Prior to the issuance of any zoning permit, the Zoning
Officer shall review the application to determine if all other applicable
government permits have been obtained. No permit shall be issued until
this determination has been made.
