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.
[Amended 3-13-1997 by Ord. No. 97-2; 2-11-2016 by Ord. No. 2016-03]
A. The Floodplain Conservation District is defined and its boundaries are established as set forth in Chapter
140, Floodplain Management, and more specifically, Article
IV, Identification of Floodplain Areas.
B. All activities within the Floodplain Conservation District shall conform with all applicable provisions and requirements of Chapter
140, Floodplain Management.
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.
[Added 2-11-2016 by Ord. No. 2016-03]
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.
[Amended 2-11-2016 by Ord. No. 2016-03]
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:
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(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).
I. Manufactured home parks or manufactured home subdivisions, and substantial
improvements to existing manufactured home parks.
K. All structures or additions to existing structures, buildings and retaining walls with the exception of those specifically allowed in §§
285-137 and
285-140.
L. The storage or use of recreational vehicles.
M. Placement or storage of topsoil, grass clippings, and other similar
earthen or organic materials.
P. Sewer treatment plants and pumping stations.
Q. Any use not specifically listed as a permitted use under §
285-137 or as a conditional use under §
285-140 shall be considered a prohibited use as determined by the Zoning Officer.
[Amended 2-11-2016 by Ord. No. 2016-03]
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.
F. Similar uses, as determined by the Zoning Officer.
[Amended 2-11-2016 by Ord. No. 2016-03]
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 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, 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:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense;
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
G. Whenever a variance is granted, the Zoning Hearing Board shall notify
the applicant in writing that:
(1)
The granting of the variance may result in increased premium
rates for flood insurance.
(2)
Such variances 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 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.