[Amended 4-17-1996 by Ord. No. 146; 12-18-1996 by Ord. No. 155; 2-29-2016 by Ord. No. 256]
A.
Statutory authorization. The Board of Supervisors of Worcester Township
is empowered to regulate building and land use activities that affect
the floodplain by the Legislature of the Commonwealth of Pennsylvania,
and by the passage of the Pennsylvania Flood Plain Management Act
of 1978[1] (which delegates the responsibility of floodplain management
to local governmental units to adopt floodplain management regulations
to promote public health, safety, and the general welfare of its citizenry).
Furthermore, in light of Worcester Township's certification as eligible
for the National Flood Insurance Program, it is the intent of this
article to provide adequate protection for floodprone properties within
Worcester Township.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Intent. It is the intent of this article:
(1)
To prevent the erection of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazards.
(2)
To permit only those uses which can be appropriately located
in the floodplain, as herein defined, and 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.
(3)
To protect those individuals who might choose, despite the dangers,
to develop or occupy land on a floodplain.
(4)
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
(5)
To maintain undisturbed the ecological balance between those
natural system elements, including wildlife, vegetation and marine
life, dependent upon watercourses and water areas.
(6)
To protect other municipalities within the same watershed from
the impact of improper development and the consequent increased potential
for flooding.
(7)
To require that uses vulnerable to floods be developed so as
to be protected from flood damage in accordance with the requirements
of the National Flood Insurance Program.
(8)
To provide retention areas for the temporary storage of floodwaters.
(9)
To provide sufficient drainage courses to carry abnormal flows
of stormwater runoff in periods of heavy precipitation.
(10)
To permit only those uses in the floodplain that are compatible
with preserving natural conditions and stream flow.
(11)
To combine with zoning requirements, certain restrictions made
necessary for floodprone areas, to promote the general health, welfare,
and safety of the community by preventing development in areas prone
to flooding.
(12)
To encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(13)
To minimize danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying floodplain areas and promoting safe and sanitary drainage.
(14)
To protect Worcester Township and its residents from individual
uses of land that may have an effect upon subsequent expenditures
for public works and disaster relief and adversely affect the economic
well-being of Worcester Township.
(15)
To comply with federal and state floodplain management requirements.
C.
Applicability.
(1)
The Floodplain Conservation District is defined and established
as a district applicable to those areas of Worcester Township subject
to inundation by the waters of the one-hundred-year flood as delineated
on the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania,
as prepared by the Federal Emergency Management Agency, dated March
2, 2016, and subsequent revisions thereto. Said floodplain areas shall
consist of the following specific areas:
(a)
Special flood hazard area (SFHA) is that area which will be
inundated by the flood event having a one-percent chance of being
equaled or exceeded in any given year. This is also referred to as
the "base flood" or "one-hundred-year flood." SFHAs identified by
FEMA and applicable to Worcester Township are Zone A and Zone AE which
are defined as follows:
[1]
Zone A: areas subject to inundation by the one-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no base
flood elevations (BFEs) or flood depths are shown.
[2]
Zone AE: areas subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods. Base flood elevations
(BFEs) are shown.
(b)
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resources Conservation Service, United
States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov), shall be considered
part of the Floodplain Conservation District (FCD), unless the area
of such soils overlaps a special flood hazard area (SFHA) identified
by FEMA, in which case, the FCD at such overlapping areas shall be
based on the FEMA SFHAs boundary. Any property owner wishing to develop
in an area where there is no FEMA SFHA, but which contains the floodplain
soils identified below, shall submit an engineering study to Worcester
Township in sufficient detail so that the Municipal Engineer may determine
if proposed development activity will encroach upon the boundary of
the base flood elevation. If these soil areas are not part of the
property area proposed for development, Worcester Township may not
require an engineering study to determine the base flood elevation
at the advice of the Township Engineer, but shall require said soil
areas to be appropriately delineated on all subdivision, development
or building plans to be submitted to the Township. Floodplain areas
identified based upon floodplain soils shall be considered part of
the Floodplain Conservation District and subject to the requirements
of this article. Floodplain soils with a frequency of flooding of
1% or greater per year include:
(c)
In lieu of the mapping provided for Subsection C(1)(a) and (b), above, for areas that have been subject to inundation during a one-hundred-year frequency flood, Worcester Township may require the property owner/developer to determine the one-percent-annual-chance flood elevation (base flood elevation) and boundary with hydrologic and hydraulic engineering techniques. Areas studied shall be identified by field survey and hydrologic and hydraulic analyses and such studies shall be undertaken only by professional engineers licensed in the Commonwealth of Pennsylvania 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. Floodplain areas identified by hydrologic and hydraulic study shall be considered part of the Floodplain Conservation District and subject to the requirements of this article.
(2)
The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Worcester Township which is hereby made a part of this article, and additional areas as described in Subsection C(1)(b) and (c). The FEMA FIRMs are available for inspection at the municipal office.
(3)
The Floodplain Conservation District shall be deemed an overlay
on any zoning district now or hereafter applicable to any lot. Should
the Floodplain Conservation District be declared inapplicable to any
tract by reason of action of the Board of Supervisors of Worcester
Township in amending this article or the Zoning Hearing Board or any
court of competent jurisdiction in interpreting the same, the zoning
applicable to such lot shall be deemed to be the district in which
it is located without consideration of the Floodplain Conservation
District. Should the zoning of any parcel or any part thereof in which
the Floodplain Conservation District is located be changed through
any legislative or administrative actions or judicial discretion,
such change shall have no effect on the Floodplain Conservation District
unless such change was included as part of the original application.
(4)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere in Worcester Township within the Floodplain
Conservation District unless a permit has been obtained from the Floodplain
Administrator.[2]
[2]
Editor's Note: Former Subsection C(5), regarding minor repairs
to existing buildings or structures, which immediately followed this
subsection, was repealed 5-16-2018 by Ord. No. 277.
D.
Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect within the Floodplain Conservation District defined by this article and § 150-9. However, any other such ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
E.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of this article, which shall remain in full force and effect, and
for this purpose the provisions of this article are hereby declared
to be severable.
F.
Warning and disclaimer of liability. 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 or flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. The grant of a zoning permit or variance, or
authorization of improvements/development activities under this article
does not constitute a representation, guarantee or warranty of any
kind by Worcester Township that areas outside the Floodplain Conservation
District or development activities and improvements permitted within
such areas will be free from flooding or flood damages or that the
improvements/development activities are feasible and safe. This article
shall not create liability on the part of Worcester Township, or any
officer, employee, or designated consultant thereof, for any flood
damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
A.
General. Unless specifically defined below, words and phrases used
in this chapter shall be interpreted so as to give this chapter its
most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE/EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions. For this Article XX, only, the following definitions shall apply:
A use customarily incidental and subordinate to the principal
use of land or a building or other structure on a lot or portion thereof
located on the same lot with such principal use.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-percent-frequency
flood" or the "one-hundred-year flood" or the "one-hundred-year-frequency
flood" or the "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE and AH that indicates the water surface elevation resulting
from a flood that has a one-percent or greater chance of being equaled
or exceeded in any given year. The base flood elevation is also shown
on the Flood Insurance Study (FIS) profile, and can be determined
for Zone A floodplains. The base flood elevation shall also be considered
the one-hundred-year-flood elevation as calculated utilizing hydrologic
and hydraulic engineering techniques, where such elevations are not
identified by FEMA FIRMs.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a structure having walls
and a roof. Included shall be all manufactured homes and trailers
to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by Worcester Township.
A structure, for which the start of construction commenced
before the effective date of the FIRM.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of Special Flood Hazards and the risk premium zones applicable
to Worcester Township.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by Worcester Township Ordinance by being:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.[1]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include the addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after March 16, 1981 and before the effective
start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by Worcester Township.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent-frequency
flood" or the "one-hundred-year flood" or the "one-hundred-year-frequency
flood" or the "base flood," as defined by FEMA in the Flood Insurance
Study for Worcester Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
FIRM dated November 1, 1974, whichever is later, and, as such would
be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM dated November 1, 1974, and, as such would not be required
to be compliant with the regulations of the NFIP.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or to be permanently towable by
a light-duty truck;
Not designed for use as a permanent dwelling, rather but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The elevation to which development is regulated for purposes
of elevation and/or dry floodproofing. It is equal to the base flood
elevation (BFE) plus a freeboard of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A and Zone AE.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all entirely, or a designated portion of partially,
within a floodplain.
Includes substantial improvement and other proposed new development
within a floodplain and means the date the permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days from
the date of the permit; and such construction shall be completed within
12 months after the date of issuance of the permit unless a time extension
is granted, in writing, by the Floodplain Administrator. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
a walled and roofed building, a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
the distribution to heirs or devisees, or the transfer of ownership
or building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres, not involving any new street or easement of access or any
residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, regardless of the actual repair work performed. The term does not, however include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Refer to § 150-138D(6) for alteration of historic structures.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, which is applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by the Worcester Township Zoning Hearing
Board from the terms of the Floodplain Management Regulations.
The failure of a structure or other development to be fully compliant with Worcester Township's Floodplain Management Regulations (Chapter 150, Article XX, of the Worcester Township Code). A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
A.
Identification.
(1)
The Floodplain Conservation District shall be:
(a)
Areas of Worcester Township classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 2, 2016 and issued by
the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
(b)
Areas with soils listed in § 150-135C(1)(b).
(c)
Other areas identified pursuant to § 150-135C(1)(c).
(d)
Community-identified flood hazard areas. [Refer to § 150-137B(3).]
(2)
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Worcester Township and declared
to be a part of this article.
B.
Description and special requirements of the Floodplain Conservation
District. The Floodplain Conservation District shall consist of the
following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as
floodway in the FIS and the FIRM as well as those floodway areas which
have been identified in other available studies or sources of information
for those special flood hazard areas where no floodway has been identified
in the FIS. The floodway represents the channel of a watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point.
(a)
Within any Floodway Area, no encroachments, including fill,
new construction, substantial improvements or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development within a Floodway Area shall
be allowed, unless a variance is obtained from the Worcester Township
Zoning Hearing Board, and a permit is obtained from the Pennsylvania
Department of Environmental Protection.
(2)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided and a floodway has been delineated.
(3)
Community-identified flood hazard areas shall be those areas
where Worcester Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils or approximate
study methodologies.
(4)
A Area/District.
(a)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the Floodplain Conservation District which is nearest the construction
site.
(b)
In lieu of the above, Worcester Township may require the applicant
to determine the floodplain elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers licensed in the Commonwealth
of Pennsylvania 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 Worcester Township.
(5)
All Floodplain Conservation District areas determined by hydrologic and hydraulic engineering techniques pursuant to § 150-135C(1)(c) of this article and which are not FEMA SFHAs, shall be subject to the provisions of this article and the following additional requirements:
(a)
No permit shall be granted for any construction, development,
use, or activity within a Floodplain Conservation District area, unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and reasonably anticipated
development, increase the one-hundred-year-flood elevation more than
one foot at any point.
(b)
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 zoning variance is approved for such activity and appropriate
permit is obtained from both Worcester Township and the Pennsylvania
Department of Environmental Protection.
(6)
All Floodplain Conservation District Areas identified based on floodplain soils pursuant to § 150-135C(1)(b) of this article and which are not FEMA SFHAs, shall be subject to the provisions of this article including Subsection B(5)(a) and (b).
C.
Changes in identification of area. The area of the Floodplain Conservation District as identified on FEMA FIRMs may be revised or modified by the Board of Supervisors of Worcester Township where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable but not later than six months after the date such information becomes available, FEMA shall be notified of the changes by submission of technical or scientific data. Refer to § 150-140A(1) for FEMA notification requirements.
D.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Worcester Township Engineer and any party aggrieved by this decision or determination may appeal to the Worcester Township Zoning Hearing Board pursuant to § 150-139 of this article and Article XXVI of Chapter 150 of the Worcester Township Code. The burden of proof shall be on the appellant. All changes to the special flood hazard areas identified on FEMA FIRMs must be reviewed and approved by FEMA.
E.
Corporate boundary changes. Prior to development occurring in areas
where annexation or other corporate boundary changes are proposed
or have occurred, Worcester Township shall review flood hazard data
affecting the lands subject to boundary changes. Worcester Township
shall adopt and enforce floodplain regulations in areas subject to
annexation or corporate boundary changes which meet or exceed those
in the Code of Federal Regulations, 44 CFR 60.3.
A.
Uses permitted by right. Conditioned upon approval of a permit by
the Floodplain Administrator as identified in this article, the following
uses, in compliance with the requirements of this article, are permitted
by right in the Floodplain Conservation District:
(1)
Up to 1/2 of any required yard setback area on an individual
lot may extend into the Floodplain Conservation District.
(2)
Open space uses that are primarily passive in character shall
be permitted to extend into the floodplain including:
(3)
Forestry operations reviewed by the Montgomery County Conservation
District. Forestry activity is not permitted within 50 feet of the
top-of-bank of a watercourse.
(4)
The following floodplain crossings are permitted when approved
by the Zoning Hearing Board of Worcester Township where no other realistic
design or alignment is possible, provided that disturbance to any
existing woodlands and degradation of water quality are minimized
to the greatest extent practicable, and provided that all required
local, state, and federal regulatory permits and approvals are obtained
for such crossings:
(5)
No improvement of any kind shall be made unless it can be shown
that the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way and unless the effect of such proposed
activity is fully offset by accompanying stream improvements.
(6)
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Pennsylvania Department of Environmental
Protection's Erosion and Sediment Pollution Control Manual. Agricultural
uses resulting in the stripping of topsoil or clearing of vegetation
and trees within 50 feet of the top-of-bank of a watercourse are not
permitted.
(7)
Public sewer and/or water lines and public utility transmission
lines installed along a watercourse, within the Floodplain Conservation
District.
B.
Uses prohibited in the Floodplain Conservation District. Any use or activity not authorized within Subsection A, herein, shall be prohibited within the Floodplain Conservation District and the following activities and facilities are specifically prohibited:
(1)
No new construction, alteration, or improvement of buildings
and any other type of permanent structure, including walls.
(2)
New construction of buildings or placement of fill within the
one-hundred-year floodplain.
(3)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse.
(4)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection A, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, approved by Worcester Township.
(5)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
(6)
Roads or driveways, except where permitted as corridor crossings in compliance with Subsection A, herein.
(7)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume.
(8)
Paved or all-weather parking lots.
(9)
Subsurface sewage disposal facilities.
(10)
Sod farming.
(11)
Stormwater control facilities, including necessary berms, outfall
facilities, and any underground storage/treatment areas.
(12)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and miscellaneous materials or storage of any buoyant, toxic or dangerous
materials.
(13)
Private water supply wells.
(14)
Stripping of top soil or removal of groundcover vegetation and trees within 50 feet of the bank of a watercourse, except as incidental to activities permitted under Subsection A, herein.
(15)
New fencing in the floodway and one-hundred-year floodplain.
C.
Nonconforming Structures and Uses in the Floodplain District.
(1)
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection D and § 150-139, and Article XXIII of Chapter 150 of the Worcester Township Code shall apply.
(2)
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in Subsection A herein shall become a nonconforming use or structure, regardless of its conformance to the zoning district in which it is located without consideration of this article.
D.
Improvements to existing structures in the Floodplain Conservation
District. The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
(1)
No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District [Refer to § 150-137B(1).] that would cause any increase in the elevation of the base flood elevation, and unless appropriate permit is obtained for such construction or development from Worcester Township and from the Pennsylvania Department of Environmental Protection.
(2)
No expansion or enlargement of an existing structure shall be allowed within the Floodplain Conservation District, as defined by § 150-137B(2), (5) or (6), that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(3)
Within the Floodplain Conservation District, as defined by § 150-137B(5) or (6), 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 zoning variance is approved for such activity and appropriate permit is obtained from both Worcester Township and the Pennsylvania Department of Environmental Protection.
(4)
No expansion or enlargement of an existing structure shall be
undertaken in the direction of the streambank.
(5)
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 article.
(6)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this article
must comply with all article requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
requirements of this article will be the minimum necessary to preserve
the historic character and design of the structure.
(7)
The activities identified in Subsection D shall also address the requirements of the 34 Pa. Code, as amended and the 2009 IBC and the 2009 IRC.
(8)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this article.
A.
General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the Worcester Township Zoning Hearing Board may, upon request for zoning variance, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Worcester Township Zoning Hearing Board in accordance with the procedures contained in the Pennsylvania Municipalities Planning Code, §§ 150-139B and 150-142K of this article and Article XXVI of Chapter 150 of the Worcester Township Code.
B.
Variance procedures and conditions.
(1)
For a use other than those permitted in § 150-138, an application seeking approval by variance shall be forwarded to the Worcester Township Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
(2)
No variance shall be granted for any construction, development,
use, or activity within any Floodway Area that would cause any increase
in the base flood elevation.
(3)
No variance shall be granted for any construction, development, use, or activity within the Floodplain Conservation District, as defined by § 150-137B(2), (5) or (6), that would, together with all other existing and reasonably anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(4)
Except for a possible modification of the regulatory flood elevation requirement, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 150-141 (pertaining to activities requiring special permits) or to Special technical requirements, Development which may endanger human life. (Refer to § 150-140C.)
(5)
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplain at the location of the proposed
use.
(6)
Lands abutting the waterway, both upstream and downstream, shall
not be adversely affected by the proposed use.
(7)
The general welfare or public interest of Worcester Township
or of other municipalities in the same watershed shall not be adversely
affected.
C.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 10 lots or at least
two acres, whichever is the lesser, proposed to be partially or fully
located within special flood hazard areas as identified by FEMA, where
base flood elevation data are not available, shall be supported by
hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a professional engineer licensed in the Commonwealth of Pennsylvania,
in a format required by FEMA for a Conditional Letter of Map Revision
and Letter of Map Revision. Submittal requirements and processing
fees shall be the responsibility of the developer.
D.
Special requirements for manufactured homes. Within the Floodplain
Conservation District, manufactured homes shall be prohibited. If
permitted by zoning variance, obtained in accordance with the requirement
of this article, the following conditions/requirements shall apply:
(1)
No manufactured home shall be permitted within the area measured
50 feet landward from the top-of-bank of any watercourse.
(2)
No zoning variance shall be approved for placement of a manufactured
home within any Floodway Area/District.
(3)
All manufactured homes, and any improvements thereto, shall
be:
(a)
Placed on a permanent foundation;
(b)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation;
(c)
Anchored to resist flotation, collapse, or lateral movement;
and
(d)
Have all ductwork and utilities, including HVAC/heating units,
elevated to a point at or above the regulatory floodplain elevation.
(4)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing, 1984
Edition, draft or latest revision thereto shall apply as well as 34
Pa. Code Chapters 401 through 405.
(5)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed installation.
E.
Special requirements for recreational vehicles. Recreational vehicles
in the Floodplain Conservation District must either:
F.
Variance conditions.
(1)
If granted, a zoning variance shall permit only the least modification
necessary to provide relief.
(2)
In granting any variance, the Worcester Township Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety,
and welfare of the residents of Worcester Township, and to achieve
the objectives of this article.
(4)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause, including:
[1]
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 zoning district
in which the property is located.
[2]
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.
[3]
That such unnecessary hardship has not been created by the owner/applicant/developer.
[4]
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.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will:
(5)
A complete record of all variance requests and related actions
will be maintained by the Zoning Hearing Board of Worcester Township.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
(6)
Notwithstanding any of the above requirements; however, all
structures shall be designed and constructed so as to have the capability
of resisting the one-percent-annual-chance flood.
A.
General. In granting any variance, Worcester Township shall attach
the following technical provisions as conditions to the decision within
which the variance has been granted. These conditions and safeguards
are necessary in order to protect the public health, safety, and welfare
of the residents of the municipality.
(1)
Pertaining to the alteration or relocation of a watercourse:
(a)
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 municipality,
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way and unless the effect of such proposed activity is fully
offset by accompanying stream improvements.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse within a special flood hazard area
identified by FEMA.
(2)
Technical and scientific data shall be submitted to FEMA by
a developer, for any new construction, development, or other activity
that will result in changes in the base flood elevation. Conditional
approval by FEMA must be obtained prior to a Worcester Township Zoning
Hearing Board approval of any development in the floodway that causes
a rise in the base flood elevations; or any development occurring
in Zone AE without a designated floodway, which will cause a rise
of more than one foot in the base flood elevation; or alteration or
relocation of a stream in a special flood hazard area (as designated
by FEMA), including but not limited to installing culverts and bridges.
Upon receipt of conditional approval of a map change by FEMA and prior
to approval of proposed encroachments, Worcester Township shall provide
evidence to FEMA of the adoption of a Floodplain Management Ordinance
amendment incorporating the increased base flood elevations and/or
revised floodway reflecting the proposed post-project condition. Upon
completion of construction of the proposed encroachments, the developer
shall provide as-built certification to FEMA and Worcester Township.
FEMA will initiate a final map revision upon receipt of such certifications
in accordance with Code of Federal Regulations, 44 CFR Part 67.
(3)
Any new construction, development, uses or activities allowed
by variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations.
B.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In Zone AE, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection B(4).
(c)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized, where they are more restrictive than other municipal codes
and ordinances.
(2)
Nonresidential structures.
(a)
In Zone AE, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection B(4).
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall also be floodproofed in
accordance with the W1 or W2 space classification standards contained
in the publication entitled "Flood-Proofing Regulations" published
by the United States Army Corps of Engineers (June 1972, as amended
March 1992) 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, licensed
in the Commonwealth of Pennsylvania, which states that the proposed
design and methods of construction are in conformance with the above
referenced standards.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized where they are more restrictive than other municipal codes
and ordinances.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage, shall be designed and constructed to allow
for the automatic entry and exit of floodwaters for the purpose of
equalizing hydrostatic forces on exterior walls. The term "fully enclosed
space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a professional engineer or architect, licensed in the Commonwealth
of Pennsylvania, or meet or exceed the following minimum criteria:
[1]
There shall be a minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4)
Accessory structures.
(a)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
[1]
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
[2]
Floor area shall not exceed 600 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc. are prohibited.
[7]
Subsurface sewage disposal facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a professional engineer or architect licensed in the
Commonwealth of Pennsylvania, or meet or exceed the following minimum
criteria:
[a]
There shall be a minimum of two openings having
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
C.
Special technical requirements.
(1)
Development which may endanger human life. In accordance with
the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Pennsylvania Department
of Community and Economic Development as required by the Act, 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, will be used for any activity requiring the maintenance
of a supply of more than five gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or, will involve the production, storage, or use of any amount of
radioactive substances shall be subject to the provisions of this
section, in addition to all other applicable provisions of this article.
The following list of materials and substances are considered dangerous
to human life:
(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 and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within the Floodplain Conservation District, any new or substantially improved structure of the kind described in Subsection C(1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any Floodway Area, any structure of the kind described in Subsection C(1), above, shall be prohibited.
(4)
Where permitted within the Floodplain Conservation District, any new or substantially improved residential structure of the kind described in Subsection C(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 150-139.1, 150-139.2 and 150-139.4.
(5)
Where permitted by a zoning variance within the Floodplain Conservation District, any new or substantially improved nonresidential structure of the kind described in Subsection C(1), above, shall be built in accordance with Subsections A, B and D, including:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood elevation.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (United States Army
Corps of Engineers, June 1972, as amended March 1992), or with other
equivalent watertight standard, approved by Worcester Township.
D.
Design and construction standards. The following minimum standards
shall apply for all proposed construction and development that is
permitted by zoning variance within the Floodplain Conservation District:
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to three horizontal, feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
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 also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any Floodplain Conservation District except in strict compliance with
all state and local regulations for such systems and if permitted
by issuance of a zoning variance. 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)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities from Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities such as gas lines and electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
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 Subsection C(1), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of 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.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
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 building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405, as amended) and
not limited to the following provisions shall apply to the above and
other sections and subsections of this article, to the extent that
they are more restrictive and/or supplement the requirements of this
article:
(a)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
A.
General. In accordance with the administrative regulations promulgated
by the Pennsylvania Department of Community and Economic Development
to implement the Pennsylvania Flood Plain Management Act,[1] the activities indicated in Subsection A(1) and (2) shall be prohibited within the Floodplain Conservation District unless a special permit has been issued by Worcester Township.
(2)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application requirements for special permits. Applicants for special
permits shall provide three copies of the following items:
(1)
A written request including a completed special permit application
form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
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)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(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 streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, boundary of the
Floodway Area and information concerning the flow of water including
direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(b)
Certification from a professional engineer, architect, or landscape
architect, licensed in the Commonwealth of Pennsylvania, that the
proposed construction has been adequately designed to protect against
damage from the base flood;
(c)
A statement, certified by a professional engineer, architect,
landscape architect, licensed in the Commonwealth of Pennsylvania,
or other qualified person which contains a complete and accurate description
of the nature and extent of pollution that might possibly occur from
the development during the course of a base flood, including a statement
concerning the effects such pollution may have on human life;
(d)
A statement certified by a professional engineer, architect,
or landscape architect, licensed in the Commonwealth of Pennsylvania,
which contains a complete and accurate description of the effects
the proposed development will have on the base flood elevation and
flows;
(e)
A statement, certified by a professional engineer, architect,
or landscape architect, licensed in the Commonwealth of Pennsylvania,
which contains a complete and accurate description of the kinds and
amounts of any loose buoyant materials or debris that may possibly
exist or be located on the site below the base flood elevation and
the effects such materials and debris may have on base flood elevation
and flows;
(f)
The appropriate component of the Pennsylvania Department of
Environmental Protection's Sewage Facilities Planning Module for land
development;
(g)
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;
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Pennsylvania Department of
Environmental Protection under Section 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
C.
Application review procedures. Upon receipt of an application for a special permit by Worcester Township, the following procedures shall apply in addition to those of § 150-142:
(1)
Within five working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the Montgomery County Planning Commission by
registered or certified mail for its review and recommendations. Copies
of the application shall also be forwarded to the Worcester Township
Planning Commission and Worcester Township Engineer for review and
comment.
(2)
If an application is received that is incomplete, Worcester
Township shall notify the applicant in writing, stating in what respect
the application is deficient.
(3)
If Worcester Township decides to deny an application, it shall
notify the applicant, in writing, of the reasons for the denial.
(4)
If Worcester Township approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Pennsylvania Department of Community and Economic
Development, by registered or certified mail, within 10 working days
after the date of approval.
(5)
Before issuing the special permit, Worcester Township shall
allow the Department of Community and Economic Development 30 calendar
days, after receipt of the notification by the Department, to review
the application and decision made by Worcester Township.
(6)
If Worcester Township does not receive any communication from
the Department of Community and Economic Development during the thirty-calendar-day
review period, from the date of receipt of the notification by the
Department, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify Worcester Township
and the applicant, in writing, of the reasons for the disapproval,
and Worcester Township shall not issue the special permit.
D.
Special technical requirements for activities requiring a special
permit.
(1)
In addition to the requirements of § 150-140, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 150-140 or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
(a)
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:
[1]
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
base flood elevation.
[2]
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the base flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers, licensed in the Commonwealth of Pennsylvania,
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 Worcester
Township and the Department of Community and Economic Development.
A.
Designation of the Floodplain Administrator. The Township Manager
is hereby appointed to administer and enforce the Floodplain Management
Ordinance and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve Worcester Township of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
B.
Permits required.
(1)
A building permit shall be required before any construction
or development is undertaken within any Floodplain Conservation District
area within Worcester Township.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the 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 Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of
any permit, the Floodplain Administrator shall review the history
of repairs to the subject building, so that any repetitive loss issues
can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
In the event that the Floodplain Administrator discovers that
the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Worcester Township Board of Supervisors
for whatever action it considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity, all
records associated with the requirements of this article including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(8)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by Worcester Township.
Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits or variances required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely
or partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(a)
A completed permit application form.
(b)
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:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
[2]
Documentation, certified by a professional engineer or architect, licensed in the Commonwealth of Pennsylvania, to show that the cumulative effect of any proposed development within the Floodplain Conservation District, as defined by § 150-137B(2), (5) or (6), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
[3]
A document, certified by a professional engineer or architect,
licensed in the Commonwealth of Pennsylvania, which states that the
proposed construction or development has been adequately designed
to withstand the pressures, velocities, impact and uplift forces associated
with the base flood elevation. 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 the development.
[4]
Detailed information needed to determine compliance with § 150-140D(6), Storage, and § 150-140C(1) Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 150-140C(1) and D(6) which are intended to be used, produced, stored or otherwise maintained on site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 150-140C(1) during a base flood.
[5]
The appropriate component of the Pennsylvania Department of
Environmental Protection's Sewage Facilities Planning Module for land
development.
[6]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Pennsylvania Department of Environmental Protection,
to implement and maintain erosion and sedimentation control.
(e)
Applications for permits shall be accompanied by a fee in accordance
with the Worcester Township fee schedule established and adopted by
Worcester Township.
E.
Review by Montgomery County Conservation District. A copy of all
applications and plans for any proposed construction or development
in any Floodplain Conservation District to be considered for approval
shall be submitted to the Montgomery County Conservation District
for review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in the Floodplain Conservation
District to be considered for approval may be submitted to any other
appropriate agencies and/or individuals (e.g., planning commission,
municipal engineer, etc.) for review and comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance and be signed by the
Floodplain Administrator.
I.
Start of construction.
(1)
Work on the proposed construction shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined in § 150-136 of this chapter. The issuance of a permit does not refer to zoning approval.
(2)
Time extensions shall be granted only if a written request is
submitted, by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with this article and the FIRM/FIS
in effect at the time the extension is granted.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this State;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this article or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality, shall be guilty
of a misdemeanor and upon conviction shall pay a fine to Worcester
Township of not less than $100 nor more than $1,000 or imprisonment
of not more than 30 days, or both, plus costs of prosecution. Each
day during which any violation of this article continues shall constitute
a separate offense. In addition to the above penalties, all other
actions are hereby reserved including an action in equity for the
proper enforcement of this chapter. The imposition of a fine or penalty
for any violation of, or noncompliance with this article shall not
excuse the violation or noncompliance or permit it to continue. All
such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this article may be declared
by the Board of Supervisors of Worcester Township to be a public nuisance
and abatable as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article, may appeal to the Zoning Hearing Board. Such appeal must
be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Pennsylvania Municipalities Planning
Code and any other local ordinance.
This article shall be effective upon its enactment, and shall
remain in force until modified, amended or rescinded by Worcester
Township, Montgomery County, Pennsylvania.
