[1]
Editor's Note: Former Article XV, Flood Hazard District, through Article
XXII, Administration and Enforcement, and their respective sections, §§ 150-36
through 150-111, were renumbered as Articles XVII through XXIV, §§ 150-40
through 150-115, respectively, to accommodate the reorganization changes made
7-10-2007 by Ord. No. 308.
This district superimposes a zoning district on a district underlying
it on the Antrim Township Zoning Map[1] by establishing an additional set of standards and criteria which
should be considered minimum requirements consistent within the district itself.
Furthermore, the intent of this district is to:
A.
Promote the general health, welfare and safety of the
community.
B.
Encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water
supply and natural drainage.
D.
Reduce financial burdens imposed on the community, its
governmental units and its residents by preventing excessive development in
areas subject to flooding.
E.
Preserve the natural characteristics of designated flood-prone
areas by preventing rapid water runoff to contribute to downstream flooding
and by providing areas for groundwater absorption for maintenance of the surface
water supply.
[1]
Editor's Note: The Zoning Map is on file in the Township Municipal
Building.
The limits of the Flood Hazard District are as delineated by the Federal
Emergency Management Agency (FEMA) on the Flood Insurance Rate Map (FIRM)
dated April 24, 1981, or the most recent revisions thereof.
A.
This district shall serve as an overlay to the existing
underlying districts as shown on the Official Zoning Map,[1] and the provisions for the Flood Hazard District shall serve as
a supplement to those underlying districts.
[1]
Editor's Note: The Zoning Map is on file in the Township Municipal
Building.
B.
Where there exists any conflict between the provisions
of this Flood Hazard District and any underlying district, the more restrictive
provision shall apply.
A.
For the purpose of this section, the one-hundred-year-flood
elevation shall be used as the basis for regulation. When available, information
from federal, state and other acceptable sources shall be used to determine
the one-hundred-year elevation, as well as a floodway area, if possible. When
no other information is available, the one-hundred-year-flood elevation shall
be determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
B.
In lieu of the above, the Zoning Hearing Board may require
the applicant to determine the elevation 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 Zoning Hearing
Board.
The identified floodplain area may be revised or modified by the Zoning
Hearing Board where studies or data provided by a qualified agency or person
document the need for such a change. However, prior to any such change, approval
shall be obtained from FEMA. Should any dispute concerning any identified
floodplain boundary arise, initial determination shall be made by the Township
Planning Commission and any party aggrieved by this decision may appeal to
the Township Zoning Hearing Board. The burden of proof shall be on the appellant.
All uses not prohibited by § 150-46 and permitted in the underlying
zone district, constituting any obstruction, construction, enlargement or
expansion of a structure, land disturbance, subdivision or land development
to be undertaken, shall be heard by the Zoning Hearing Board and reviewed
against § 150-49 of this chapter and Section 38.6(h) of Title 16,
Chapter 28, of the Department of Community Affairs Rules and Regulations prior
to any approval or permit. All uses not prohibited by § 150-46 and
permitted by the underlying district shall be considered as uses by special
exception and shall be subject to review and approval or disapproval by the
Antrim Township Zoning Hearing Board, in accordance with the regulations and
procedures found in this section and elsewhere in this chapter.
A.
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 is prohibited:
B.
Development which may endanger human life. 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 100 pounds or 12 gallons or other comparable amount and any amount of
radioactive substances and a maximum of 550 gallons of petroleum products)
of any of the following dangerous materials or substances on the premises
shall be prohibited:
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Acetone
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Ammonia
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Benzene
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Calcium carbide
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Carbon disulfide
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Celluloid
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Chlorine
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Hydrochloric acid
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Hydrocyanic acid
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Magnesium
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Nitric acid and oxides of nitrogen
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Pesticides (including insecticides, fungicides and rodenticides)
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Petroleum products (gasoline, fuel oil, etc.)
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Phosphorus
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Potassium
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Radioactive substances, insofar as such substances are not otherwise
regulated
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Sodium
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Sulfur and sulfur products
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A.
Building and/or zoning permits shall be required before
any construction or development is undertaken within any area of the Township
and affected by this district.
B.
Prior to the issuance of any building and/or zoning permit,
the Zoning Officer shall review the application for permit to determine if
all other necessary government permits required by state and federal laws
have been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachment Act (Act 1978-325,
as amended);[2] and the U.S. Clean Water Act, Section 404, 33 U.S.C. Subsection
1334. No application shall be accepted by the Zoning Officer and forwarded
to the Zoning Hearing Board until this determination has been made.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities which may be affected
by such action have been notified by the Township and until all required permits
and approvals have been first obtained from the Department of Environmental
Protection, Bureau of Dams and Waterway Management. Also, notification shall
be sent to FEMA.
A.
In the identified floodplain area, the development and/or
use of land shall be permitted, provided that the development and/or use complies
with the restrictions and requirements of this and all other applicable codes
and ordinances in force in the Township.
B.
Within any floodway area, no new construction or development
shall be permitted that would cause any increase in the one-hundred-year-flood
elevation.
C.
Within any identified floodplain area, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse unless a permit is obtained from the
Department of Environmental Protection, Bureau of Dams and Waterways Management.
D.
Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially improved
residential structure shall be 1 1/2 feet or more above the one-hundred-year-flood
elevation.
E.
Nonresidential structures.
(1)
Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially improved
nonresidential structure shall be 1 1/2 feet or more above the one-hundred-year-flood
elevation or be floodproofed up to that height.
(2)
Any residential structure, or part thereof, having a
lowest floor (including basement) which is not elevated to at least 1 1/2
feet or more above the one-hundred-year-flood elevation shall be floodproofed
in a completely or essentially dry manner in accordance with the W1 and W2
space classification standards contained in the publication entitled "Flood-Proofing
Regulations" published by the United States Army Corps of Engineers (June
1972) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified by a
registered professional engineer or architect which states that the proposed
design and methods of construction are in conformance with the above-related
standards.
F.
Enclosed areas below the lowest floor (including basement)
are prohibited.
The following minimum standards shall apply for all construction and
development within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building
line from all points.
(2)
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and
resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two feet horizontal,
unless substantiated data justifying steeper slopes is submitted to and approved
by the Zoning Hearing Board in the granting of the special exception.
(5)
Be used to the extent to which it does not adversely
affect properties.
B.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and efficient
manner. The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed to
prevent the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize or eliminate
flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed
to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located
within any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it or contamination from
it during a flood.
D.
Other utilities. All other utilities, such as gas lines,
electrical and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall
be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive
or, in times of flooding, could be injurious to human, animal or plant life,
and not listed in § 150-46B, Development which may endanger human
life, shall be stored at or above the regulatory flood elevation and/or floodproofed
to the maximum extent possible.
G.
Placement of buildings and structures. All buildings
and structures shall be designed, located and constructed so as to offer the
minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other similar
objects or components located below the regulatory flood elevation shall be
securely anchored or fixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the buildings.
(2)
Plywood used at or below the regulatory flood elevation
shall be of a "marine" or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant and
will withstand inundation.
(4)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory
flood elevation shall be of a marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall
be finished with a marine or other water-resistant paint or other finishing
material.
L.
Equipment. Water heaters, furnaces, air-conditioning
and ventilation units and other mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall
be designed to prevent the infiltration of floodwaters into the systems and
discharges from the systems into floodwaters. Additional provisions shall
be made for the drainage of these systems in the event that floodwater infiltration
occurs.
In addition to the above requirements, the following minimum requirements
shall also apply to any proposed development requiring a special exception
use permit. If there is any conflict between any of the following requirements
and those in Article XXII of this chapter governing the Zoning Hearing Board
or in any other Township code, ordinance or regulation, the more restrictive
shall apply.
A.
No application for a special exception shall be approved
unless it can be determined that the land use, structure or development activity
will be located, designed, constructed and maintained in a manner which will:
(1)
Fully protect the health and safety of the general public
and any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
(a)
The structure will survive inundation by waters of the
one-hundred-year flood without any lateral movement or damage to either the
structure itself or to any of its equipment or contents below the one-hundred-year
flood level.
(b)
The lowest floor elevation will be at least 1 1/2
feet above the one-hundred-year-flood elevation.
(c)
The occupants of the structure can remain inside for
an indefinite period of time and be safely evacuated at any time during the
one-hundred-year flood.
(d)
The structure shall comply with the requirements of the
National Flood Insurance Program.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life and property.
(3)
All hydrologic analyses shall be undertaken only by registered
professional engineers or others of demonstrated qualifications, who shall
certify that the technical methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computation, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Zoning Hearing
Board and the Pennsylvania Department of Community Affairs.
(4)
The Zoning Hearing Board may, upon request from an applicant,
consider the possibility of modifying the freeboard requirements of 1 1/2
feet above the one-hundred-year-flood elevation, provided that the applicant
can demonstrate and the Zoning Hearing Board can determine that:
(a)
There are unique physical circumstances, such as exceptional
topographical or other existing natural or man-made conditions, peculiar to
the property.
(b)
Because of such physical circumstances and conditions,
the proposed substantial improvement cannot be reasonably designed and constructed
in compliance with the provisions of the applicable requirements and that
a reduction is therefore necessary.
(c)
Failure to grant the request will result in exceptional
hardship to the applicant.
(d)
Approval of the request will not result in increased
flood heights within any designated floodway.
(e)
Approval of the request will not result in any additional
threat to the public health and safety or result in any extraordinary public
expense or create any nuisance.
(f)
Approval of the request will not result in any conflict
with any other applicable laws or regulations.
(5)
In approving a request for a reduction in the required
freeboard, the Zoning Hearing Board shall:
(a)
Authorize the least reduction necessary to provide relief.
(c)
Maintain a complete record of all requests which have
been approved authorizing reductions in freeboard.
(d)
Report all such requests which have been approved in
its annual report to the Pennsylvania Department of Community Affairs and
FEMA.
Any structure existing prior to the enactment of this section, as amended,
may continue to remain, provided that:
A.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and shall
be undertaken only in full compliance with the provisions of this district.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to the greatest
extent possible.
C.
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 one-hundred-year flood.
If compliance with any of the requirements of this section would result
in exceptional hardship to a prospective builder, developer or property owner,
the Zoning Hearing Board may, upon request to the Zoning Hearing Board, grant
relief from the strict application of the requirements of this section. Requests
for a variance shall be made according to this chapter and the following procedure:
A.
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.
In granting any variance, the Zoning Hearing Board 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.
D.
E.
A complete record of all variance requests and related
actions shall be maintained by the Zoning Hearing Board.
F.
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase in
the one-hundred-year flood.
H.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
A.
If any proposed construction or development is located
entirely or partially within any identified floodplain area, applicants for
building permits and/or subdivision and land development applications shall
provide all the necessary information in sufficient detail and clarity to
enable the Zoning Hearing Board to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this chapter and all other
applicable codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate flood
damage.
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
B.
Applicants shall file the following minimum information
plus other pertinent information as may be required by the Zoning Hearing
Board to make the above determination:
(1)
A complete Zoning Hearing Board application form.
(2)
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines.
(c)
All property and lot lines, including dimensions, and
the size of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings,
structures and other improvements, including the location of any existing
or proposed subdivision and land development.
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas and, if available, information pertaining to the
floodway, the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other
improvements, drawn at a suitable scale, showing the following:
(a)
The proposed lowest floor elevation based upon National
Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated with the
one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing
measures.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional engineer,
which states that the proposed construction or development has been adequately
designed to withstand the one-hundred-year-flood elevations, pressures, velocities,
impact and uplift forces associated with the one-hundred-year flood. Such
statement shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure and/or
development.
(b)
Detailed information needed to determine compliance with
this chapter, to include:
[1]
Amount, location and purpose of any material or substances
referred heretofore which are intended to be used, produced, stored or otherwise
maintained on site.
[2]
Description of safeguards incorporated into the design
of the proposed structure to prevent leaks or spills of any polluting substance
or material during the one-hundred-year flood.
(c)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(d)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to implement
and maintain erosion and sedimentation control.
In addition to the procedures for appeals as contained in this chapter,
in any appeal pertaining to the boundaries of this district resulting from
claims that the district has become incorrect because of changes either natural
or man-made, the burden of proof shall be on the appellant. Such proof shall
be based on a detailed report using either the Log Pearsons III Method, the
Twenty-Four-Hour Evaluation Hydrograph or other commonly accepted methods
of determining runoff.
The granting of a building or zoning permit or the approval of a subdivision
or land development plan in this district shall not constitute a representation,
guaranty or warranty of any kind by the Township, or any of its officials
or employees, of the practicability or safety of any structure, use or development,
and shall not create liability or cause of action against such public body,
official or employee for any damage that may result pursuant thereto.
