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Statutory Authorization
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The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
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 Township
Council of the Township of Middletown hereby ordains as follows:
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A.
Flooding can result in loss of property and life,
damage to structures, injury to people, disruption of public and private
activities and services, burdensome public expenditures for flood
protection and relief and the loss of public and private revenues.
Much of the harm caused by flooding occurs because of:
A.
In addition to the general goals and objectives of
this chapter, it is the purpose of this article to eliminate or minimize
the harmful effects of flooding.
B.
This article is also intended to meet the requirements
of the National Flood Insurance program and to comply with the Pennsylvania
Floodplain Management Act, as amended, the regulations of the Pennsylvania
Department of Community and Economic Development promulgated pursuant
to the Act. However, in several respects, the provisions of this article
are intended to exceed minimal statutory requirements.
C.
To reduce the threat of flooding, the provisions of
this article are designed to:
(1)
Minimize the public and private financial burdens
caused by floods;
(2)
Prevent the construction of buildings and other
structures in areas unfit for such uses because of flooding;
(3)
Discourage the creation of lots where the lot
area is subject to flooding;
(4)
Require that any new lot which is created with
part of its area subject to flooding be configured so that it will
provide a safe building site with adequate access;
(5)
Require that prospective purchasers and/or lessees
be given prior notice that the property being sold or leased is located
within an area subject to flooding and/or that the existing use is
permitted only as a conditional use or variance subject to conditions
of this chapter;
(6)
Permit only those uses in areas subject to flooding
which are compatible with sound conservation practices and the preservation
of desirable natural conditions which promote the maintenance of water
flow rates throughout the year;
(7)
Prevent downstream damage from increased flood
volumes and rates of flow while permitting uses of the floodplain
which are compatible with the preservation of natural conditions necessary
to preserve stormwater conveyance functions of the floodplain;
(8)
Control development which, alone or in combination
with other development, could create or contribute to flood damage
and disruption;
(9)
Permit certain uses which are appropriate for
areas subject to flooding and which will not impede the flow of flood
waters or otherwise create situations harmful to life or property
either above or below their locations;
(10)
Limit reconstruction of damaged or destroyed
structures located in areas subject to flooding;
(11)
Limit the expansion of structures and uses located
in areas subject to flooding;
(12)
Require that all uses in areas subject to flooding
be appropriately protected against flood damage;
(13)
Preserve the ability of floodplain areas to
store and absorb stormwater runoff and protect their stormwater carrying
capacity to stabilize the rate of stormwater discharge;
(14)
Prevent increases in flood volume and upstream
flood elevations which result from placing impervious surfaces and
obstructions in floodplains and drainage channels;
(15)
Preserve areas for stormwater-carried sediment
to be deposited;
(16)
Protect the integrity of stream banks and their
immediately surrounding area from erosion and degradation;
(17)
Conserve trees and other vegetation which help
to prevent stream bank erosion and protect stream waters from sedimentation;
(18)
Protect drainage courses necessary to carry
abnormal stormwater volumes in periods of heavy precipitation;
(19)
Prevent pollution of surface and subsurface
water supplies and promote groundwater recharge.
(20)
Promote the general health, welfare, and safety of the community.
[Added 11-8-2010 by Ord. No. 715]
A.
This article shall not create liability on the part
of Middletown Township or any officer or employee thereof for any
flood damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
B.
The degree of flood protection required by this article
is considered appropriate for regulatory purposes. These regulations
are based upon available data. Areas subject to flooding by storms
larger than the five-hundred-year storm are not regulated. Even the
five-hundred-year floodplain may be larger than existing data reveals.
Also, floodplains may change location or increase in size, and flood
heights may be increased by man-made or natural causes. Areas outside
the Floodplain Conservation District or land uses permitted within
the District may be subject to flooding or flood damage.
[Amended 10-25-1993 by Ord. No. 527]
B.
Identified floodplain area.
[Amended 12-14-2009 by Ord. No. 709]
(1)
The
identified floodplain area shall be any areas of Middletown Township,
subject to the one-hundred-year flood, identified as a special flood
hazard area in the Flood Insurance Study (FIS) dated November 18,
2009, and the accompanying maps or most recent revisions thereof as
issued by the Federal Emergency Management Agency, including all digital
data developed as part of the Flood Insurance Study (FIS). The above-referenced
FIS and Flood Insurance Rate Map (FIRM) and any subsequent revisions
and amendments are hereby adopted by the Township of Middletown and
declared to be a part of this chapter. The identified floodplain area
shall consist of the following specific areas:
[Amended 11-8-2010 by Ord. No. 715]
(a)
The floodway area shall be those areas identified in the FIS
and the FIRM as "floodway" and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without 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 flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[Amended 8-24-2015 by Ord. No. 758]
[1]
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.
[2]
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(b)
The AE Area 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.
[Amended 8-24-2015 by Ord. No. 758]
[1]
AE Area adjacent to the floodway 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.
(c)
The A Area shall be those areas identified as an A Zone on the
FIRM included in the FIS prepared by FEMA and for which no base flood
elevations have been provided. For these areas, elevation and floodway
information from other federal, state, or other acceptable sources
shall be used when available. Where other acceptable information is
not available, the base flood elevation shall be determined by using
the elevation of a point on the boundary of the identified Floodplain
area which is nearest the construction site.
[Amended 8-24-2015 by Ord. No. 758]
(d)
FA (General Floodplain Area) - The areas identified as Zone A in
the FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question.
(2)
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 the Township.
C.
Amending
the map. The delineation of the FW, AE and A portions of the Floodplain
Conservation District may be revised, amended or modified by Council,
in compliance with the National Flood Insurance Program when:
[Amended 12-14-2009 by Ord. No. 709; 8-24-2015 by Ord. No. 758]
D.
The identified
floodplain area may be revised or modified by the Township Council
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 Federal Emergency Management Agency
(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.
[Amended 12-14-2009 by Ord. No. 709; 11-8-2010 by Ord. No. 715]
A.
Identifying map boundaries on the ground.
(1)
The boundaries of the Floodplain Conservation
District and the four subdistricts shall be determined initially by
scaling the distances as shown on the Floodplain Conservation District
Map. Where there appears to be a conflict between a mapped boundary
and actual field conditions, the Township Engineer shall determine
the district and/or subdistrict boundaries using the best available
information. The applicant may submit additional information in support
of a proposed boundary relocation.
(2)
The Township Engineer's determination shall
be controlling unless appealed. Any party aggrieved by the Township
Engineer's determination or other decision or determination under
this Section may appeal to the Zoning Hearing Board. The person contesting
the Township Engineer's determination shall have the burden of proof
on any such appeal. If the Township Engineer's initial determination
is challenged, the Township Engineer shall make a written report of
the results of his initial determination, and the reasons therefor,
which shall be made available to the applicant and any other appellants.
(3)
No determination by Council or decision by the
Zoning Hearing Board shall constitute a reduction of the FW or AE
Area subdistricts until such reduction is approved by the Federal
Emergency Management Agency.
[Amended 12-14-2009 by Ord. No. 709; 8-24-2015 by Ord. No. 758]
B.
The Floodplain regulations shall apply to all areas
actually subject to flooding. Therefore, the Floodplain Conservation
District, as mapped, is only a guide to the minimum area subject to
these regulations.
A.
Applicability. These provisions shall apply to all
areas of Middletown Township which are within the Floodplain Conservation
District and any other areas which are subject to flooding, now or
in the future. This article 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 article, the more
restrictive shall apply.
[Amended 12-14-2009 by Ord. No. 709]
B.
Compliance. No structure, land or course or body of
water shall be used, improved or developed and no structure shall
be located, expanded, converted or structurally altered without full
compliance with the terms of this section and all other applicable
regulations. Such regulations include, but are not necessarily limited
to, the Pennsylvania Sewage Facilities Act, as amended, the Pennsylvania
Dam Safety and Encroachment Act, as amended, the Pennsylvania Clean
Streams Act, as amended, and the Federal Clean Water Act.
C.
General performance standard.
(1)
Under no circumstances shall any use, activity
and/or development in the Floodplain Conservation District adversely
affect the capacity of the channels or floodways of any watercourse,
drainage ditch or any other drainage facility or system or any stormwater
management system; or cause any increase in the area inundated by
the one-hundred-year flood.
(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.
[Added 11-8-2010 by Ord. No. 715[1]]
[1]
Editor’s Note: This ordinance also renumbered former
Subsection C(2) and (3) as Subsection C(3) and (4), respectively.
(3)
Applicants
shall file the following minimum information plus any other pertinent
information as may be required by the Township Engineer to make the
above determination:
[Added 12-14-2009 by Ord. No. 709]
(a)
A completed building permit application form.
(b)
A plan of the entire site drawn at a scale of one inch being equal
to 100 feet or less, showing the following:
[Amended 11-8-2010 by Ord. No. 715]
[1]
North arrow, scale and date;
[2]
Topographic contour lines, if available;
[3]
All property and lot lines including dimensions and the size
of the site expressed in acres or square feet;
[4]
The locations of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development;
[5]
The location of all existing streets, drives and other accessways;
[6]
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;
[7]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[8]
The elevation of the base flood;
[9]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC.
(c)
The following data and documentation:
[Added 11-8-2010 by Ord. No. 715]
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation;
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations;
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within a floodway, when combined with all other existing and anticipated
development, will not increase the base flood elevation at any point.
[Amended 8-24-2015 by Ord. No. 758]
[4]
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 elevation.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
[5]
Detailed information needed to determine compliance with § 275-173A(2)(d), regarding storage, and § 275-173A(4)(d), regarding development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 275-173A(2)(d), regarding storage, and § 275-173A(4)(d), 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 § 275-173A(4)(d) during a base flood.
[6]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
[7]
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.
(d)
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:
[Added 11-8-2010 by Ord. No. 715]
[1]
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;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[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.
(e)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the Township of Middletown master fee
schedule resolution.
[Added 11-8-2010 by Ord. No. 715]
(4)
Building
permit required and issuance of building permit.
[Added 12-14-2009 by Ord. No. 709]
(a)
Building permits required. Building permits shall be required before
any construction or development is undertaken within any area of the
Township.
(b)
Issuance of building permit. Prior to the issuance of any building
or zoning permit, the Building Permit Officer 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 1965-537,
as amended)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended)[3]; the Pennsylvania Clean Stream Act (Act 1937-394, as amended)[4]; 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.
D.
Alteration of watercourses. Before any stream or other
watercourse within the Township is altered or relocated, a permit
must be obtained from the Pennsylvania Department of Environmental
Protection (DEP), Bureau of Dams and Waterway Management, or verification
from DEP that such permit is not required. Notification of such a
proposed alteration or relocation shall be given to all affected adjacent
municipalities. Copies of such notifications shall also be forwarded
to the Federal Emergency Management Agency and the Pennsylvania Department
of Community and Economic Development.
E.
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.
[Added 11-8-2010 by Ord. No. 715]
F.
Special requirements for recreational vehicles. Recreational vehicles
in Zones A1-30, All and AE must either:
[Added 11-8-2010 by Ord. No. 715]
G.
Floodplain Administrator.
[Added 11-8-2010 by Ord. No. 715]
(1)
Designation of Floodplain Administrator. The Zoning Officer
of the Township of Middletown is hereby appointed to administer and
enforce this chapter and is referred to herein as the Floodplain Administrator.
(2)
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 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);[5] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[6] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[7] 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 Township Council of the Township of Middletown
for whatever action it considers necessary.
(g)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this chapter, including,
but not limited to, permitting, inspection and enforcement.
[Amended 8-24-2015 by Ord. No. 758]
(h)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 International Building Code and the
2009 International Residential Code or latest revisions thereof.
[Amended 10-25-1993 by Ord. No. 527; 12-14-2009 by Ord. No.
709]
A.
The following uses and no others shall be permitted in all identified
floodplain areas, provided that no buildings shall be erected.
[Amended 11-8-2010 by Ord. No. 715]
(1)
Permitted uses. The following uses shall be permitted, provided
that they will not cause an increase in the one-hundred-year flood
height:
(a)
Agricultural uses such as pastures, orchards, grazing and outdoor
plant nurseries. Such activities shall be conducted in accordance
with a plan approved by the Delaware County Soil and Water Conservation
District or recognized soil conservation practices approved by the
Township. No plowing shall be permitted.
(b)
Selective cutting of trees, provided that desirable mature shade
trees are not eliminated; particular attention is paid to retaining
trees within 25 feet of any stream bank; and no mature trees growing
upon a stream bank shall be removed unless dead, diseased or damaged
and threatening the stability of the bank.
(c)
Recreation uses such as parks, camps, picnic grounds, golf courses,
golf driving ranges, archery and shooting ranges, hiking and riding
trails, hunting and fishing areas, game farms and fish hatcheries,
provided that no tennis or basketball courts or other uses involving
significant paved areas and/or fences shall be permitted.
(2)
Conditional uses. The following uses are permitted only when Council grants a conditional use pursuant to a specific application. In considering applications for these conditional uses, Council shall be guided by the factors cited in § 275-174 of this article and Article XXXVI of this chapter:
(a)
Storm and sanitary outlets, but not in the FW subdistricts;
(b)
Circuses, festivals and similar transient amusement enterprises.
(c)
Boat rentals, docks and piers.
(d)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive; are not prohibited by Subsection A(4)(c) and (d) below; are not subject to major damage by flooding; and provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
(e)
Other similar uses and activities, provided they cause no increase
in the one-hundred-year flood heights, velocities and/or direction
or otherwise represent a potential safety hazard. All uses, activities
and structural improvements shall be undertaken in strict compliance
with the floodproofing provisions contained herein and with all other
applicable codes and ordinances.
(3)
Accessory uses. Accessory uses, which do not involve structures,
customarily incidental to the permitted use or the approved conditional
use.
(4)
Activities and uses specifically prohibited. The following activities
and uses are not permitted whether proposed in conjunction with a
permitted use or otherwise in all identified floodplain areas.
[Amended 11-8-2010 by Ord. No. 715]
(a)
(b)
Sod farming.
(c)
Storage of any material which, if inundated, would float; any
flammable or toxic material; any other material which, if inundated,
or otherwise released to the stream, would degrade or pollute the
stream or cause damage if swept downstream.
(d)
Under no circumstances will the following activities and/or
development be located, enlarged or expanded since they present a
special hazard to the safety and health of the public:
[1]
Hospitals (public or private).
[2]
Nursing homes (public or private).
[3]
Jails or prisons.
[4]
Individual mobile homes, new mobile home parks, mobile home
subdivisions and substantial improvements thereto.
[5]
Production and/or storage of the following toxic chemicals and
the construction, enlargement or expansion of any structure which
would be used for the production, storage or maintenance of such toxic
chemicals:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzine.
[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]
Phosphorous.
[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.
[s]
Any other toxic and/or dangerous materials or substances
regulated by the appropriate federal or state agencies.
(e)
Depositing fill material.
(f)
No part of any on-lot or on-site sewage disposal system.
(g)
Any new construction, development, use, activity, or encroachment
that would cause any increase in flood heights.
B.
Special floodplain area (A Area). Within any A Area (special floodplain
area), no new construction or development shall be allowed unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the elevation of the one-hundred-year flood more
than one foot at any point.
[Amended 8-24-2015 by Ord. No. 758]
C.
Development of lots partially within the Floodplain Conservation
District. When part of a lot is in the Floodplain Conservation District
and part is in another district and the part in such other district
is to be developed, such development shall comply with the following:
(1)
To the extent not prohibited by other requirements of this chapter,
parts of lots within the Floodplain Conservation District may be counted
toward the minimum lot area and density requirements of the district
where the development, use or activity is to be located.
(2)
No part of any yard or setback required for any other district
may be located within the Floodplain Conservation District.
D.
Existing nonconforming structures and uses. Existing structures and
land uses within the Floodplain Conservation District which do not
conform to the requirements of this section may continue but must
comply with the following:
(1)
Existing structures located in the Floodway (FW) shall not be
expanded or enlarged.
(2)
Any modification, repair, reconstruction or improvement of any existing structure in the Floodway (FW) must be authorized by the Zoning Hearing Board as a special exception and must comply with the requirements listed in § 275-174 and in the Building Code,[1] provided that the cost of such construction shall not
exceed 50% of the fair market value of the structure prior to the
start of construction of the improvement. This term includes structures
which have incurred substantial damage.
(3)
Existing uses (other than structures) located in the Floodway
(FW) may be expanded only when authorized as a special exception by
the Zoning Hearing Board, provided that such expansion shall not cause
an increase in flood levels.
(4)
The expansion, enlargement or the substantial modification, alteration, repair, reconstruction or improvement of an existing structure or use located in the AE Area or A Area subdistricts must be authorized as a special exception by the Zoning Hearing Board and must comply with the requirements of § 275-174.
[Amended 8-24-2015 by Ord. No. 758]
(5)
No nonconforming structure located in the FW or AE Area subdistricts
which is destroyed to an extent that reconstruction would cost 50%
or more of its predamage fair market value shall be reconstructed.
[Amended 8-24-2015 by Ord. No. 758]
(6)
Council may authorize, as a conditional use, the expansion,
enlargement, alteration, repair, improvement or reconstruction of
any structure located in the Floodplain Conservation District which
is listed in or determined to be eligible for the National Register
of Historic Places or the Pennsylvania Inventory or Register of Historic
Places. In deciding upon any such application, Council shall consider
the degree to which the requested use will be essential to preserving
the structure and weigh the preservation benefits of the proposed
use against its potential impact on flood heights and velocities and
the flood hazards attendant to the structure itself. In no event shall
a conditional use be granted that would result in an increase in flood
heights within the Floodway (FW) subdistrict.
E.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any A Area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
[Amended 8-24-2015 by Ord. No. 758]
(3)
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.
(4)
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.
[Added 11-8-2010 by Ord. No. 715]
F.
Zoning applicable to land removed from the Floodplain Conservation
District. Should the Floodplain Conservation District, which is an
overlay district, become inapplicable to any tract by reason of amendment
by Council or interpretation by Township Engineer or the Zoning Hearing
Board or a court of competent jurisdiction, the zoning applicable
to such tract shall be that of the (underlying) district in which
the land is located.
[Amended 10-25-1993 by Ord. No. 527]
A.
Burden of proof. The applicant for a conditional use or special exception must establish that the use proposed complies with all of the requirements of this section and the specific standards and criteria in Subsection C below. At the hearing on such an application, opponents who seek the denial of the application should be prepared to identify and establish specific aspects of the proposed use which do not comply with this chapter.
B.
Evidence in support of the application.
[Amended 12-14-2009 by Ord. No. 709]
(1)
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 one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood; and
(d)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[Amended 11-8-2010 by Ord. No. 715]
(e)
Supplemental information as may be necessary under 34 Pa. Code, Chapters
401-405 as amended, and Sections 1612.5.1, 104.7 and 109.3 of the
2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.
(2)
The
following data and documentation:
(a)
Documentation, certified by a registered professional engineer or
architect, to show that the cumulative effect of any proposed development
within an A Area (special floodplain area), when combined with all
other existing and anticipated development, will not increase the
elevation of the one-hundred-year flood more than one foot at any
point.
[Amended 8-24-2015 by Ord. No. 758]
(b)
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 one-hundred-year flood. Such
statement shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(c)
Detailed information needed to determine compliance with §§ 275-173A(2)(d) and 275-173A(4)(d)[5].
[Amended 11-8-2010 by Ord. No. 715]
(d)
The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
(e)
Where any excavation of grading is proposed, a plan meeting the requirements
of the Department of Environmental Protection, to implement and maintain
erosion and sedimentation control.
C.
Standards and criteria to be applied to applications.
(1)
In addition to the standards and criteria stated in Article XXXVI of this chapter, Council, in deciding conditional use applications and the Zoning Hearing Board in deciding special exception applications, shall consider the following general criteria and apply the following specific standards:
(a)
General criteria.
[1]
The danger to life and property due to increased
flood heights or velocities caused by encroachments.
[2]
The danger that materials may be swept onto
other lands or downstream to injure persons or property.
[3]
The proposed water supply and sanitation systems
and ability of these systems to prevent contamination and unsanitary
conditions.
[4]
The susceptibility of the proposed use to flood
damage and the effect of such damage on the users.
[5]
The importance of the use to the community.
[6]
The need for a waterfront location for the use
and any unique characteristics of the site.
[7]
The availability of alternative locations not
subject to flooding.
[8]
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future.
[9]
The relationship of the proposed use to the
comprehensive plan and the flood management facilities and needs of
the area and the Township.
[10]
The safety of and need for access
to the use, during flooding, by both ordinary and emergency vehicles.
[11]
The expected heights, velocity,
duration, rate of rise and sediment transport of the floodwaters expected
at the site, the impact of these conditions on the proposed use and
of the use on these flood characteristics.
[12]
The likelihood that the proposed
use will result in extraordinary public expense or create public nuisance.
[13]
The possibility that the proposed
use will alter natural water flows or water temperatures.
[14]
Any adverse effects, degradation
or destruction of historic sites, structures or wildlife habitats.
[15]
Any adverse impact, during construction
or afterward, of the proposed use on stream bank and soil stability.
[16]
Such other factors as are relevant
to the purposes and intent of this chapter.
(b)
Specific standards.
[1]
No conditional use or special exception shall
be granted for any proposed use, development or activity that will
cause any increase in flood levels during the one-hundred-year flood.
[2]
Elevation.
[Amended 12-14-2009 by Ord. No. 709]
[a]
Any new development, construction or substantial
improvement to an existing structure shall have the lowest floor (including
basement) elevated to 1 1/2 feet above the one-hundred-year flood
level. All proposed lowest floor and basement elevations shall be
shown in relation to mean sea level, based upon the North American
Vertical Datum of 1988. However, in areas shown on the Federal Emergency
Management Agency's Flood Insurance Rate Map as "AE Area," the required
elevation shall be based on the profiles contained in the Flood Insurance
Study of Delaware County, Pennsylvania, prepared by FEMA dated November
18, 2009, as may be revised, with the lowest floor elevated a minimum
of 1 1/2 feet above the base flood height as shown therein. Also,
in areas where no detailed study has been done, the required elevation
shall be determined by selecting the point on the boundary of the
Floodplain Conservation District, nearest to the site in question
and locating the lowest floor of the structure 1 1/2 feet above
such elevation.
[Amended 8-24-2015 by Ord. No. 758]
[b]
Space below the lowest floor.
[i]
Partially enclosed and fully enclosed space below the lowest
floor (including basement) is prohibited.
[ii]
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401-405 as amended) and the 2003 IRC (Sections R323.2.2
and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2
and 1203.3.3) as amended.
[3]
All such structures shall be securely anchored
to prevent flotation, collapse and lateral movement and shall employ
construction materials and techniques to minimize flood damage. Appropriate
drainage shall be provided.
[4]
The provisions of all other federal and state
rules and regulations are applicable to such construction.
[5]
Required floodproofing measures may include,
without limitation because of specific enumeration, the following:
[a]
Installation of watertight doors,
bulkheads and shutters.
[b]
Reinforcement of walls to resist
water pressures.
[c]
Use of paints, membranes or mortars
to reduce seepage of water through walls.
[d]
Addition of mass or weight to structures
to resist flotation.
[e]
Installation of pumps to lower
water levels in structures.
[f]
Construction of water supply and
waste treatment systems so as to prevent the entrance of floodwaters.
[g]
Pumping facilities for subsurface external foundation wall and
basement floor pressures.
[h]
Construction to resist rupture or collapse caused by water pressure
or floating debris.
[i]
Cutoff valves on sewer lines or the elimination of gravity flow
basement drains.
[6]
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
[Amended 12-14-2009 by Ord. No. 709]
[a]
Fill. If fill is used, it shall:
[i]
Extend laterally at least 15 feet beyond the building
line from all points;
[ii]
Consist of soil or small rock materials only;
sanitary landfills shall not be permitted;
[iii]
Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
[iv]
Be no steeper than one vertical to two horizontal
feet unless substantiated data, justifying steeper slopes, are submitted
to and approved by the Building Permit Officer; and
[v]
Be used to the extent to which it does not adversely
affect adjacent properties. The provisions contained in the 2003 IBC
(Sections 1801.1 and 1803.4) shall be utilized.
[b]
Water and sanitary sewer facilities and systems.
[i]
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[ii]
Sanitary sewer facilities and systems shall be
designed to prevent the discharge of untreated sewage into floodwaters.
[iii]
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.
[c]
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.
[d]
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.
[e]
Anchoring.
[i]
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
[ii]
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.
[iii]
The design and construction requirements of the
UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters
401-405 as amended) and contained in the 2003 IBC (Sections 1605.2.2,
1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1
& R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
[f]
Floors, walls and ceilings.
[i]
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.
[ii]
Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[iii]
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.
[iv]
Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
[v]
The provisions of the UCC pertaining to this subsection
and referenced in the 34 Pa. Code (Chapters 401-405, as amended) and
contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6
and 1404.2), the 2003 IRC (Sections R323.1.7 & R501.3) and ASCE
24-98 (Chapter 6).
[g]
Paints and adhesives.
[i]
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[ii]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[iii]
All wooden components (doors, trim, cabinets,
etc.) shall be finished with a marine or water-resistant paint or
other finishing material.
[iv]
The standards and specifications contained in
34 Pa. Code (Chapters 401-405, as amended) the 2003 IBC (Sections
801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7.).
[h]
D.
Council, in deciding conditional use applications,
and the Zoning Hearing Board, in deciding special exception applications,
shall attach such conditions to approved uses as are necessary implement
the intent of this section in terms of the specific use and site.
The Zoning Hearing Board shall hear and decide
all appeals from administrative actions and determinations under this
article.
A.
The Zoning Hearing Board shall hear and decide all
requests for variances from the terms of this article. In making its
decision, the Board shall consider the factors listed in Section 912
of the Pennsylvania Municipalities Planning Code, as amended,[1] and those listed in § 275-174C(1)(a). Council has determined that no variance from the terms of this article is de minimus and, therefore, to be entitled to relief, the applicant for a variance must establish that this article imposes an unnecessary hardship.
[1]
Editor's Note: See 53 P.S. § 10912.
B.
C.
If the Board determines that a variance from the terms
of this article shall be granted, the Board shall attach such conditions
to the approved application as are necessary to maximize the proposed
use's compliance with the intent of this section. Whenever a variance
is granted to permit the erection or expansion of a structure, the
Board shall require, as a condition, that the terms of the approval
be recorded so that they appear within the chain of title of the property.
Appropriate conditions may include, but are not limited to, the following:
(1)
Special designs for waste disposal and water
supply facilities.
(2)
Imposition of operational controls, sureties
and deed restrictions.
(3)
Floodproofing measures such as the following:
(a)
Anchorage to resist flotation, collapse or lateral
movement of any structure.
(b)
Installation of watertight doors, bulkheads
and shutters.
(c)
Reinforcement of walls to resist water pressures.
(d)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(e)
Addition of mass or weight to structures to
resist flotation.
(f)
Installation of pumps to lower water levels
in structures.
(g)
Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
(h)
Pumping facilities for subsurface external foundation
wall and basement floor pressures.
(i)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(j)
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
(k)
Elevation of structures to reduce likelihood
of flood damage.
D.
No variance shall be granted for any construction,
development, use or activity:
[Amended 12-14-2009 by Ord. No. 709]
(1)
Within
any floodway (FW) area that would cause any increase in the one-hundred-year
flood elevation. All structures shall be designed and constructed
so as to have the capability of resisting the one-hundred-year flood.
(2)
Within
any A Area that would, together with all other existing and anticipated
development, increase the one-hundred-year flood elevation more than
one foot at any point.
[Amended 8-24-2015 by Ord. No. 758]
F.
A complete record of all variance requests and related
actions shall be maintained by the Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
[Added 8-24-2015 by Ord.
No. 758]
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 the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
