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 White
Township Supervisors do hereby order as follows.
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.
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.
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."
A permit shall be required before any construction or development
within any identified floodplain area of White Township.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Within any identified floodplain area manufactured homes shall
be prohibited.
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.
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:
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.
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.
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.
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.
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.
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
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.
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.
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.