In expansion of the declaration of legislative intent and statement of community development objectives in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to benefit the public health, safety and welfare by protecting areas of floodplain subject to and necessary for the containment of floodwaters, in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Permit only those uses which will not impede the flow
or storage of floodwaters, or otherwise cause danger to life and property
at, above or below their locations along the floodplain, and prohibit
structures or other development in areas endangered by flooding.
B.
Help protect landowners along the floodplain and municipalities
within the watershed from the harmful impacts of improper development
and the consequent increased potential for flooding.
C.
Minimize danger to public health by protecting the
quantity and quality of surface and subsurface water supplies and
by preserving natural drainageways for safe and sanitary drainage.
D.
Protect drainagecourses which carry abnormal flows
of stormwater in periods of heavy precipitation, and protect the open
floodplain to provide for the deposition of flood-borne sediment.
E.
Retain land as open space while allowing uses compatible
with these objectives and which are conducive to the maintenance of
constant rates of water flow throughout the year.
F.
Maintain the ecological balance among the floodplain's
natural systems, including wildlife and vegetation, that are dependent
upon watercourses and adjacent riparian land areas.
G.
Establish regulations to achieve the intent of this
article and to ensure eligibility for owners of flood-prone properties
in compliance with the requirements for Federal Flood Insurance.
H.
Reduce financial burdens imposed on the Township by
increased expenditures for public works and disaster relief caused
by periodic flooding.
I.
Protect properties developed under relief from the
provisions of these requirements or developed prior to enactment of
these requirements, and require that any uses permitted in the floodplain
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 2-9-2016 by Ord.
No. 2016-02]
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.
D.
[1]All uses, activities and development occurring within any
floodplain district shall be undertaken only in strict compliance
with the provision of this article, with all federal and state laws,
and with all other applicable Township codes and ordinances.
[1]
Editor's Note: Former Subsection D, regarding setback requirements,
was repealed 2-9-2016 by Ord. No. 2016-02. This ordinance also redesignated
former Subsection E as Subsection D and repealed former Subsection
F, regarding the use of floodways, which immediately followed this
subsection.
[Amended 2-9-2016 by Ord.
No. 2016-02]
The following uses and no other will be permitted in the Floodplain Conservation Overlay District; all such uses shall be subject to the provisions and requirements of Chapter 240, Floodplain Management:
A.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices.
B.
Pasture and grazing land with necessary fencing in accordance with
recognized soil conservation practice, but permitting no structures.
Pasture fencing may be permitted, provided that, if placed in the
Floodway, it shall be installed and oriented so that it does not obstruct
the passage of floating debris.
C.
Wildlife sanctuary, woodland preserve, passive recreation and passive
park including bicycle, bridle, and hiking trails but including no
facilities subject to damage by flooding.
D.
Forestry, lumbering and reforestation in accordance with recognized
natural resource conservation practices.
E.
Utility transmission lines.
F.
Sealed water supply wells and water supply lines.
G.
Sealed sanitary sewers.
H.
Front, side or rear yards and required lot areas in any district, provided that such yards are not to be used for on-site sewage disposal systems or for fence (except as allowed in Subsection B above) or for any other structure; however, in no case shall the floodplain encroach into a building envelope such that the building envelope is equal to less than 1/2 of the area of the building envelope that would be available based on a lot created using the minimum lot area and setback dimensions required by the underlying district.
I.
Streambank stabilization.
J.
Storm sewers.
K.
Paved road, paved driveway, and unpaved agricultural use crossings
where disturbance within the Floodplain Conservation Overlay District
is minimized to the greatest extent possible.
L.
Culverts and bridges.
[Amended 2-9-2016 by Ord.
No. 2016-02]
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 Overlay
District:
A.
Landfills, dumps, and junkyards.
B.
Outdoor storage of vehicles and materials.
C.
Structures involving hazardous materials.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
The following list of materials and substances are considered
dangerous to human life, including but not limited to:
(a)
Acetone.
(b)
Ammonia.
(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)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(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.
G.
Hospitals (public or private).
H.
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.
Jails or prisons.
J.
Manufactured home parks or manufactured home subdivisions, and substantial
improvements to existing manufactured home parks.
K.
Manufactured homes.
N.
The storage or use of recreational vehicles.
O.
Placement or storage of topsoil, grass clippings, and other similar
earthen or organic materials.
P.
Sod farming.
[Amended 2-9-2016 by Ord.
No. 2016-02]
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.
Public and private recreational uses and activities, such as parks,
camps, picnic areas, golf courses, fishing, wildlife and nature preserves,
sport or boating clubs, including piers, docks, floats, or open shelters
usually found in developed outdoor recreation areas. No enclosed structures,
or structures that will interfere with the flow of floodwaters are
permitted. Toilet facilities may be acceptable when connected to public
water and sewage systems.
C.
Outlet installations for sewage treatment plants and sewage pumping
stations.
D.
Grading or regrading of lands.
E.
The temporary relocation of a watercourse, provided that the flood-carrying
capacity within the altered or relocated portion of the watercourse
shall be maintained or increased, but not reduced, and that it has
been approved by all necessary Township, county, state and federal
entities. Prior to any such relocation, notifications of the proposal
shall be sent to all contiguous property owners and communities and
the Federal Emergency Management Agency (FEMA).
F.
Development of elevated and flood-proofed buildings on brownfield
sites in redevelopment areas encouraging economic revitalization.
G.
Any other similar uses not listed are to be considered conditional
uses and subject to the requirements herein.
[Amended 2-9-2016 by Ord.
No. 2016-02]
Requests for conditional uses shall be considered by the Upper Hanover Township Board of Supervisors in accordance with the applicable procedures contained in Article VIII of Chapter 500, Article IX of Chapter 240, and the following. Requests for variances shall be considered by the Upper Hanover Township Zoning Hearing Board in accordance with the applicable procedures contained in Article VI of Chapter 500, Article IX of Chapter 240, 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 they consider 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:
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.
[1]
Editor's Note: Former § 500-2007, Procedures for consideration
of a conditional use or variance, § 500-2008, Standards for granting
of conditional uses or variances, § 500-2009, Additional standards
for granting of variances, § 500-2010, Boundary disputes and
appeals procedure, and § 500-2011, Limit of municipal liability,
were repealed 2-9-2016 by Ord. No. 2016-02.
