Township of White, PA
Indiana County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of White 3-14-2012 by Ord. No. 1046. Amendments noted where applicable.]
GENERAL REFERENCES
Assessment permits — See Ch. 92.
Construction — See Ch. 120.
Stormwater management — See Ch. 263.
Subdivision and land development — See Ch. 275.

§ 149-1 Statutory authority.

The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the White Township Supervisors do hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.

§ 149-2 Intent.

The intent of this chapter is to:
A. 
Promote the general health, welfare, and safety of the community.
B. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. 
Minimize danger to public health by protecting water supply and natural drainage.
D. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E. 
Comply with federal and state floodplain management requirements.

§ 149-3 Applicability.

A. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development within any identified floodplain area of White Township unless a permit has been obtained from the floodplain administrator.
B. 
A permit shall not be required for minor repairs to existing buildings or structures.

§ 149-4 Abrogation and greater restrictions.

This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other 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 chapter, the more restrictive shall apply.

§ 149-5 Warning and disclaimer of liability.

A. 
The degree of flood protection sought by the provisions of this chapter 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. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of White Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 149-6 Designation of floodplain administrator.

The Code Enforcement Officer within White Township is hereby appointed to administer and enforce this chapter and is referred to herein as the "floodplain administrator."

§ 149-7 Permits required.

A permit shall be required before any construction or development within any identified floodplain area of White Township.

§ 149-8 Duties and responsibilities of floodplain administrator.

A. 
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.
B. 
Prior to the issuance of any permit, the applicant shall show that 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); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
C. 
In the case of existing structures, prior to the issuance of any development/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.
D. 
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. He/she shall make as many inspections during and upon completion of the work as are necessary.
E. 
In the discharge of his/her duties, the floodplain administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
F. 
In the event 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 White Township Planning Commission for whatever action it considers necessary.
G. 
The floodplain administrator shall maintain all records associated with the requirements of this chapter including, but not limited to, permitting, inspection and enforcement.
H. 
The floodplain administrator shall consider the requirements of Title 34 of the Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

§ 149-9 Application procedures and requirements.

A. 
Application for such a permit shall be made, in writing, to the floodplain administrator and shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location, including address.
(5) 
Brief description of proposed work and estimated cost.
(6) 
A site plan showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) 
All facilities are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) 
Structures will be anchored to prevent floatation, collapse, or lateral movement.
(5) 
Building materials are flood resistant.
(6) 
Appropriate practices that minimize flood damage have been used.
(7) 
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
C. 
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:
(1) 
A completed permit application form.
(2) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if available;
(c) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(d) 
The location of all existing streets, drives, and other accessways; and
(e) 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(3) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the base flood;
(c) 
Supplemental information as may be necessary under Title 34 of the Pa. Code, the 2009 IBC or the 2009 IRC.
(4) 
The following data and documentation:
(a) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(b) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(c) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (see § 149-18B), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(d) 
A document, certified by a registered professional engineer or architect, 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. 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.
(e) 
Detailed information needed to determine compliance with § 149-23F, Storage, and § 149-24, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in §§ 149-23F and 149-24 which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
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 § 149-24 during a base flood.
(f) 
The appropriate component of the Department of Environmental Protection's "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.
(5) 
Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the current fee schedules adopted by the Township.

§ 149-10 Review by County Conservation District.

Applications and plans for any proposed construction or development in any identified floodplain area may be submitted by the floodplain administrator to the 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.

§ 149-11 Review of application by others.

A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the floodplain administrator to any other appropriate agencies and/or individuals (e.g., Municipal Engineer, etc.) for review and comment.

§ 149-12 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 the floodplain administrator for consideration.

§ 149-13 Placards.

The building permit placard shall be displayed on the premises during the time construction. The placard shall show the number of the permit, the date of its issuance and be signed by the floodplain administrator.

§ 149-14 Start of construction.

A. 
Work on the proposed construction or development 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 actual start of construction 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 manufacture 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.
B. 
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.

§ 149-15 Enforcement; violations and penalties.

A. 
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 chapter, or of any regulations adopted pursuant thereto, the floodplain administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(4) 
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;
(5) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
B. 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the floodplain administrator or any other authorized employee of the municipality shall be guilty of an misdemeanor and, upon conviction, shall pay a fine to White Township of not less than $25 nor more than $500 plus costs of prosecution. 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 chapter shall not excuse the violation or noncompliance or permit it to continue, and 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 chapter may be declared by the White Township Board of Supervisors to be a public nuisance and abatable as such.

§ 149-16 Appeals.

A. 
Any person aggrieved by any action or decision of the floodplain administrator concerning the administration of the provisions of this chapter may appeal to the White Township Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
B. 
Upon receipt of such appeal, the White Township Supervisors shall set a time and place, within not less than 10 days or not more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.
C. 
Any person aggrieved by any decision of the White Township Supervisors may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.

§ 149-17 Identification of floodplain area.

A. 
The identified floodplain area shall be any areas of White Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated April 3, 2012, 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. 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by White Township and declared to be a part of this chapter.

§ 149-18 Description and special requirements of identified floodplain areas.

The identified floodplain area shall consist of the following specific areas:
A. 
Floodway area.
(1) 
Description: the area identified as floodway in the FIS which 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. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS.
(2) 
Special requirements.
(a) 
Any encroachment that would cause any increase in flood heights shall be prohibited.
(b) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.
B. 
Special floodplain area.
(1) 
Description: the areas identified as Zones AE and A1-30 in the FIS which are subject to inundation by the one-percent-annual-chance flood event determined by detailed methods and have base flood elevations (BFEs) shown.
(2) 
Special requirements.
(a) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(b) 
In special floodplain areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one foot.
C. 
Approximate floodplain area.
(1) 
Description: the areas identified as Zone A in the FIS which are subject to inundation by the one-percent-annual-chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
(2) 
Special requirements.
(a) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(b) 
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(c) 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by White Township.
D. 
Shallow flooding area.
(1) 
Description: the areas identified as Zones AO and AH in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet.
(2) 
Special requirements: establish drainage paths to guide floodwaters around and away from structures on slopes.

§ 149-19 Changes in identification of area.

The identified floodplain area may be revised or modified by the Planning Commission where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data.

§ 149-20 Boundary disputes.

Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by White Township Planning Commission, and any party aggrieved by this decision or determination may appeal to the White Township Board of Supervisors. The burden of proof shall be on the appellant.

§ 149-21 General technical provisions.

A. 
Alteration or relocation of watercourse.
(1) 
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 Department of Environmental Protection Regional Office.
(2) 
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.
(3) 
In addition, the FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B. 
Submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE.
C. 
Any new construction, development, use or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.

§ 149-22 Elevation and floodproofing requirements.

A. 
Residential structures.
(1) 
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(2) 
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 in accordance with § 149-18C(2)(b) of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(4) 
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 Title 34 of the Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
B. 
Nonresidential structures.
(1) 
In AE, A1-30 and AH Zones, 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:
(a) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) 
In A Zones, where there are 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 in accordance with § 149-18C(2)(b) of this chapter.
(3) 
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(4) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. 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 which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(5) 
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 Title 34 of the Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
C. 
Space below the lowest floor.
(1) 
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 in an area other than a basement 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.
(2) 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) 
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.
D. 
Accessory structures. 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 1,000 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) 
Sanitary 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 registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) 
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.

§ 149-23 Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4) 
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the floodplain administrator; and
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall 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.
C. 
Water and sanitary sewer facilities and systems.
(1) 
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.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) 
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.
D. 
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. 
Streets. The finished elevation of all new streets shall not be set below the regulatory flood elevation.
F. 
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 149-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water resistant and will withstand inundation.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
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.
M. 
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.
N. 
Uniform construction code coordination. The standards and specifications contained Title 34 of the 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 chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter:
(1) 
International Building Code (IBC) 2009 or the latest edition thereof: §§ 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: §§ R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

§ 149-24 Development which may endanger human life.

A. 
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: 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 550 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. The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.).
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
B. 
Within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be prohibited.

§ 149-25 Special requirements for subdivisions.

All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas 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 licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 149-26 Special requirements for manufactured homes.

Within any identified floodplain area manufactured homes shall be prohibited.

§ 149-27 Special requirements for recreational vehicles.

Recreational vehicles in Zones A1-30, AH and AE must either:
A. 
Be on the site for fewer than 180 consecutive days;
B. 
Be fully licensed and ready for highway use; or
C. 
Are prohibited from locating within any identified floodplain area.

§ 149-28 Prohibited activities.

In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:
A. 
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used or intended to be used for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
B. 
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.

§ 149-29 Existing structures.

The provisions of this chapter 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 § 149-30 shall apply.

§ 149-30 Improvements.

The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
A. 
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the BFE.
B. 
No expansion or enlargement of an existing structure shall be allowed within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C. 
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 chapter.
D. 
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 chapter.
E. 
The above activity shall also address the requirements of Title 34 of the Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.

§ 149-31 Modifications.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, White Township may, upon request, grant relief from the strict application of the requirements.

§ 149-32 Modification procedures and conditions.

Requests for modifications shall be considered by White Township in accordance with the procedures contained in § 149-16 and the following:
A. 
No modification shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
B. 
No modification shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C. 
No modifications shall be granted for any of the other requirements pertaining specifically to development regulated by § 149-28, Prohibited activities, or to § 149-24, Development which may endanger human life, § 149-26, Special requirements for manufactured homes, and § 149-27, Special requirements for recreational vehicles.
D. 
If granted, a modification shall involve only the least modification necessary to provide relief.
E. 
In granting any modification, White Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
F. 
Whenever a modification is granted, White Township shall notify the applicant, in writing, that:
(1) 
The granting of the modification may result in increased premium rates for flood insurance.
(2) 
Such modification may increase the risks to life and property.
G. 
In reviewing any request for a modification, White Township shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(2) 
That failure to grant the modification would result in exceptional hardship to the applicant.
(3) 
That the granting of the modification will:
(a) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
(b) 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
H. 
A complete record of all modification requests and related actions shall be maintained by White Township. In addition, a report of all modifications 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 one-percent-annual-chance flood.

§ 149-33 Word usage.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.

§ 149-34 Definitions.

ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 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.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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 a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
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 the community.
FLOOD INSURANCE STUDY (FIS)
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.
FLOODPLAIN AREA
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.
FLOODPROOFING
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.
FLOODWAY
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
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.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR
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 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.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after May 19, 1987, and includes any subsequent improvements thereto.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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 a community.
PERSON
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.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck;
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
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.
SPECIAL PERMIT
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 or a designated portion of a floodplain.
SPECIAL FLOOD HAZARD AREA (SFHA)
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, AO, A1-A30, AE, A99, or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and 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 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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
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 distribution to heirs, or devisees, 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.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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 either:
A. 
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; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 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.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. 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.