[HISTORY: Adopted by the Board of Commissioners
of the Township of Marple 7-13-2015 by Ord. No. 2015-3.[1] amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 8.
Building construction — See Ch. 108.
Commercial Maintenance Code — See Ch. 114.
Uniform Construction Code — See Ch. 116.
Contractors — See Ch. 118.
Electrical standards — See Ch. 125.
Grading, drainage and erosion control — See Ch. 159.
Housing — See Ch. 170.
Plumbing — See Ch. 206.
Sewers — See Ch. 235.
Stormwater Management — See Ch. 257.
Subdivision of land — See Ch. 265.
Zoning — See Ch. 300.
[1]
Editor’s Note: This ordinance also repealed former Ch.
143, Floodplain Management, adopted 8-8-1977 by Ord. No. 77-14 (Ch.
46 of the 1971 Code), as amended.
A.
The intent of this chapter is to protect areas of floodplain subject
to and necessary for the containment of floodwaters, provide adequate
protection for flood-prone properties and comply with federal and
state floodplain management requirements.
B.
Specific objectives include the following:
(1)
Promotion of the general health, welfare, and safety of the community;
(2)
Encouragement of the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(3)
Prevention of the construction of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazard;
(4)
Minimization of danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying flood hazard areas and promoting safe and sanitary
drainage;
(5)
Permitting only those uses that can be appropriately located in the
floodplain and that will not impede the flow or storage of floodwaters,
or otherwise cause danger to life and property at, above or below
site locations along the floodplain;
(6)
Protection of landowners adjacent to a floodplain and those upstream
and downstream from a site along the floodplain from damages resulting
from development within a floodplain and the consequent obstruction
or increase in flow of floodwaters;
(7)
Reduction in the financial burdens imposed on the community, its
governmental units and its residents, by preventing excessive development
in areas subject to flooding, and the protection of the entire township
from uses of land that may result in subsequent expenditures for public
works and disaster relief and that may adversely affect the economic
well-being of the township;
(8)
Maintenance of an ecological balance among natural systems, including
wildlife, vegetation and marine life, that are dependent upon watercourses
and water areas;
(9)
Protection of other municipalities within the same watershed from
the impact of improper development and the consequent increased potential
for flooding;
(10)
Provision of areas for the deposition of flood-borne sediment;
A.
This chapter regulates the circumstances in which any use may occur
in a floodplain.
B.
Overlay.
(1)
The floodplain conservation district shall be an overlay to the underlying
existing zoning, as shown on the official zoning map accompanying
this chapter,[1] in those areas identified as floodplain areas of the Township in § 143-3. In those identified floodplain areas, the requirements of the Floodplain Conservation District shall be met in addition those of the underlying district.
[1]
Editor's Note: Said map is on file in the Township offices.
(2)
In the case of a conflict between any of the provisions or requirements
of the floodplain district and those of any underlying district, the
more restrictive provisions shall apply.
C.
It shall be unlawful of any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Township unless a permit has been obtained from
the Floodplain Administrator.
D.
A permit shall not be required for minor repairs to existing buildings
or structures.
E.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL PERMIT
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, 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.
Any area of a building having its floor below ground level
on all sides.
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.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
A space that will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
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 the Township.
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).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special food hazards and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest fully enclosed area (including
basement) of a building. 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 non-elevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage leader, gas, oil,
waste, vent, or similar piping, electric wiring, mechanical or other
work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective date of this chapter, and includes any subsequent
improvements thereto. Any construction started after September 1,
1977, and before the effective date of this chapter is subject to
the ordinance in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's
initial Flood Insurance Rate Map (FIRM) dated September 1, 1977, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated September 1, 1977, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two or
more separate occasions during a ten-year rolling period for which
the cost of repairs cumulatively equals or exceeds 50% of the market
value of the structure before the damages occurred.
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.
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, A1-30, AE, A99, or AH.
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 after 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 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 is 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heir, 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.
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 damaged occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure either before the start of construction of
the improvement. The term includes structures which have incurred
substantial damage or repetitive loss regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions.
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 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.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations.
A structure or other development without the elevation certificate,
or 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.
A.
The identified floodplain area shall be:
(1)
Any areas of Marple Township classified as Special Flood Hazard Areas
(SFHAs) in the Flood Insurance Study (FIS) dated November 18, 2009,
and the accompanying Flood Insurance Rate Maps (FIRMs), dated November
18, 2009 or the most recent revision thereof as issued by the Federal
Emergency Management Agency (FEMA), including all digital data developed
as part of the Flood Insurance Study; and
(2)
Any community-identified Flood Hazard Areas. The above referenced
FIS and FIRMs, and any subsequent revisions and amendments, are hereby
adopted by the Township and declared to be part of this chapter.
A.
The identified floodplain area shall consist of the following specific
areas:
(1)
FW (Floodway Area): the areas identified 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 Flood Hazard Areas where no floodway has been identified
in the FIS.
(a)
Within any floodway area, encroachments, including fill, new
construction, substantial improvements, or other development shall
not 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 base
flood discharge.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection.
(2)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The 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.
(b)
No new construction of 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.
(3)
A Area: areas identified as an A Zone on the FIRM included in the
FIS prepared by FEMA and for which no one-percent-annual-chance flood
elevations have been provided. For these areas, elevation and floodway
information from other federal, state, or other acceptable sources
shall be used when available. When 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.
(a)
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 municipality.
(4)
Shallow Flooding Area: the areas identified as Zones AO and AH on
the FIRM and 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. In Zones AO and AH, drainage paths shall
be established to guide floodwaters around and away from structures
on slopes.
(5)
Community Identified Flood Hazard Areas shall be those areas where
Marple Township has identified local flood hazard or ponding areas,
as delineated and adopted on a Local Flood Hazard Map using best available
topographic data and locally derived information such as flood of
record, historic high water marks, soils or approximate study methodologies.
The identified floodplain area may be revised or modified by
the Board of Commissioners where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change to the Special Flood Hazard Area,
approval must be obtained from the Federal Emergency Management Agency.
Additionally, as soon as practicable, but not later than six months
after the date such information becomes available, a community shall
notify FEMA of the changes to the Special Flood Hazard Area by submitting
technical or scientific data.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The Township shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed 44 CFR 60.3.
A.
In the case of any dispute concerning the boundaries of a floodplain,
an initial determination shall be made by the Township Code Enforcement
Officer.
B.
Any party aggrieved by the decision of the Code Enforcement Officer as to the boundaries of the floodplain, which may include the grounds that the maps referred to in § 143-3 are or have become incorrect because of changes due to natural or other causes, or changes indicated by detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XVII of Chapter 300 and §§ 143-11 and 143-12 herein. The burden of proof in such an appeal shall be on the appellant.
C.
Insofar as various natural conditions, including the floodplain as
herein defined, may change, such changes may be validated by detailed
on-site survey techniques approved by the U.S. Army Corps of Engineers,
Philadelphia District. Whether a proposed use is within the floodplain
shown on the Floodplain Overlay Map of the Flood Insurance Study shall,
upon appeal from the decision of the Code Enforcement Officer, be
determined by the Zoning Hearing Board upon receipt of the findings
of the detailed on-site survey by the petitioner. The Zoning Hearing
Board, in addition to other evidence and standards, shall consider
the recommendations of the Township Planning Commission and the Delaware
County Planning Department.
D.
All changes to the boundaries of the floodplain are subject to the
review and approval of the Federal Emergency Management Agency.
A.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices.
B.
Outdoor plant nursery or orchard in accordance with accepted soil
conservation practices.
C.
Game preserve, wildlife sanctuary, woodland preserve, arboretum and
passive recreation or parks, including hiking, bicycle and bridle
trails, but including no facilities subject to damage by flooding.
D.
Utility transmission lines.
E.
Sealed water supply wells, subject to the approval of the Township
Engineer.
F.
Sanitary sewers, subject to the approval of the Township Engineer.
G.
Front, side or rear yards, and required lot area, for any district,
provided that such yards are not to be used for on-site sewage disposal
systems or for non-wire fences or any other structure.
The following uses and activities are specifically prohibited
in floodplains. No variance shall be granted:
A.
Freestanding structures, buildings and retaining walls, with the
exception of flood retention dams, culverts and bridges as approved
by the Pennsylvania Department of Environmental Protection.
B.
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and materials.
C.
On-site sewage disposal systems.
D.
The construction, placement, enlargement or expansion of manufactured
homes.
E.
The construction, enlargement or expansion of hospitals (public or
private).
F.
The construction, enlargement or expansion of nursing homes (public
or private).
G.
The construction, enlargement or expansion of jails or prison.
H.
Any new or substantially improved structure that will be used for
the production or storage of any of the following dangerous materials
or substances or that 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 that 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)
Hydrofluoric acid.
(11)
Magnesium.
(12)
Nitric acid and oxides of nitrogen.
(13)
Petroleum products (gasoline, fuel, oil, etc.).
(14)
Phosphorus.
(15)
Potassium.
(16)
Sodium.
(17)
Sulfur and sulfur products (including sulfuric and sulphurous
acids).
(18)
Pesticides (including insecticides, fungicides and rodenticides).
(19)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(20)
Any other dangerous materials or substances regulated by the
appropriate federal or state agencies.
The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards in § 143-11:
A.
Commercial recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas, golf courses,
fishing, sport or boating clubs; not to include enclosed structures
excepting toilet facilities but permitting piers, docks, floats or
shelters usually found in developed outdoor recreational areas. No
toilet facilities provided shall be connected to an on-site sewage
disposal system.
B.
Storm sewers or impoundment basins.
C.
Outlet installations for sewage treatment plants and sewage pumping
stations, with approval of the appropriate sewer authorities.
D.
Dams, bridges and culverts, approved by the Commonwealth of Pennsylvania,
Department of Environmental Protection or its successor agency.
E.
Paved roads, driveways and parking lots, where required by the regulations
for the district applicable to the lot without consideration of this
chapter, provided that:
(1)
In the case of roads and driveways no such facilities shall be permitted
as a conditional use if practicable alternative alignments exist;
(2)
In the case of parking facilities, no such facility shall be permitted
as a conditional use unless satisfactory evidence is submitted that
such parking will not be utilized during periods of flood flow, thus
posing no threat to the safety of the vehicles, their users, and/or
to downstream properties. Temporary parking for periods not to exceed
one hour and/or parking for recreation uses would be examples of such
exceptions.
F.
Grading or regrading of lands, including the deposit of topsoils
and the grading thereof and the construction of retaining walls. An
application for a conditional use for such use shall also be accompanied
by a plan indicating the deposition of any fill or material proposed
to be deposited by the grading or regrading of land; such fill or
other materials shall be protected against erosion by rip-rap, vegetation
cover or bulkheading.
G.
Forestry, lumbering and reforestation in accordance with recognized
natural resource conservation practices, but permitting no structures.
The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 143-1 and shall consider the following:
A.
No conditional use or variance shall be granted for construction,
development, use or activity within any floodway area that would cause
any increase in the BFE.
B.
If granted, any variance shall involve only the least modification
necessary to provide relief.
C.
Lands abutting the waterway, both upstream and downstream, shall
not be adversely affected by the proposed use.
D.
The general welfare or public interest of Marple Township or of other
municipalities in the same watershed shall not be adversely affected.
E.
Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of floodwater and comply with the requirements of §§ 143-15 through 143-18.
F.
Any new structure or substantial improvement permitted as a conditional use or by variance shall be subject to the requirements of § 143-18.
H.
In granting a conditional use or variance, the 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.
I.
No variance shall be granted for development regulated by prohibited
activities.
J.
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.
A property owner of a lot of record, as of the date of the enactment of this chapter, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of § 143-1 and will be consistent with the standards of § 143-11. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief and that:
A.
Good and sufficient cause has been shown;
B.
Failure to grant the variance would result in exceptional hardship
to the applicant; and
C.
Granting of the variance will neither:
D.
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
FEMA.
B.
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.
C.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capacity of resisting the
base flood.
A.
An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 143-8, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer.
B.
The application for conditional use or use by variance shall be accompanied
by the following:
C.
A building and/or zoning permit shall be required before any construction
or development is undertaken within any area of the Township.
D.
Prior to the issuance of any building or zoning permit, the Building
Code Official, Permit Officer and Township Engineer shall review the
application for any permit to determine if all other government agency
permits required by state and federal laws have been obtained, such
as those required by the Pennsylvania Sewage Facilities Act[1] (Act 1966-537, as amended); the Pennsylvania Dam Safety
and Encroachments Act[2] (Act 1978-325, as amended); the Pennsylvania Clean Streams
Act[3] (Act 1937-394); and the U.S. Clean Water Act, Section
404, 33, U.S.C. § 1334. No permit shall be issued until
this determination has been made, and the application shall contain
the following minimum information plus any other pertinent information
as may be required by the Building Code Official, Permit Officer and/or
Township Engineer to make the above determination:
(1)
A completed building 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)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
and
(f)
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)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood;
(d)
Detailed information concerning any proposed floodproofing measures;
and
A.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities that 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, Bureau of Dams, Waterways and Wetlands.
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified prior to any alteration or relocation
of any watercourse. 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.
B.
Any new construction, development, uses 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.
C.
Technical or scientific data shall be submitted by the applicant
to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR
or a conditional letter of map revision (CLOMR) are required are:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevations;
or
(3)
Alteration or relocation of a stream, including but not limited to
installing culverts and bridges.
D.
Within any identified floodplain area, 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.
A.
Residential structures.
(1)
In AE Zones, any new construction or substantial improvement shall
have the lowest floor 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 elevated up to, or above, the regulatory flood elevation, determined in accordance with § 143-4A(3) of this chapter.
(3)
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 24 PA Code (Chapters 401 through 405 as amended) shall be utilized.
B.
Nonresidential structures.
(1)
In AE Zones, any new construction or substantial improvement of a
nonresidential structure shall have the lowest floor elevated up to,
or above, the regulatory flood elevation, or be designed and constructed
so that the space enclosed below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 143-4A(3) of this chapter.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
US Army Corp 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.
(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 34 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 (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (excluding basement)
that will be used solely for 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 "partially enclosed space" also includes crawl spaces. 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.
(3)
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:
(a)
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;
(b)
Floor area shall not exceed 200 square feet;
(c)
The structure will have low damage potential;
(d)
The structure will be located on the site so as to create the
least obstruction to the flow of floodwaters;
(e)
Power lines, wiring and outlets will be elevated to the regulatory
flood elevation;
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited;
(g)
Sanitary facilities are prohibited;
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for entry
and exit of floodwaters for the purposes of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered engineer or architect or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings have a net total area of not less
than one square inch for every square foot of enclosed space;
[2]
The bottom of all openings shall be no higher than one foot
above grade;
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
chapter must comply with all chapter requirements that do not preclude
the structure's continued designation as a historic structure.
Documentation that a specific ordinance requirement will cause removal
of the structure from the National Register of Historic Places or
the State Inventory of Historic Places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from chapter requirements will be the minimum necessary to preserve
the historic character and design of the structure.
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 Code Enforcement Officer; and
(5)
Be used to an extent to which it does not adversely affect the 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 ensure 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 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 #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 and 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 be no more
than one foot 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 § 143-9, 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 the
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; and
(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 marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
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.
Reasonably safe from flooding. 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, and adequate
drainage is provided so as to reduce exposure to flood hazards.
O.
Uniform Construction Code Coordination. The standards and specifications
contained in 34 PA Code (Chapters 401 through 405) as amended and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and supplement the requirements of this
chapter.
A.
Uses and/or structures rendered nonconforming. Following the adoption of this chapter, any use or structure that is situated within the boundaries of a floodplain and that does not conform to the permitted uses specified in § 143-8 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this chapter.
B.
Existing structures or uses. 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 an existing structure
or when a reconstruction of an existing structure, destroyed by fire
or other catastrophe, is proposed, the provisions of this chapter
shall apply.
C.
Expansion or continuance of nonconforming structures or uses.
(1)
The expansion or continuance of a nonconforming use or structure that is nonconforming with respect to the district in which is located without consideration of this chapter shall be governed by the requirements of Article XV of Chapter 300, Zoning. However, the Zoning Hearing Board shall ensure that the standards contained in §§ 143-11 and 143-12, as well as the provisions of this section are applied to the expansion or continuance of said use or structure.
(2)
The expansion or continuance of a nonconforming use or structure that is rendered a nonconforming use or structure by adoption of this chapter shall be governed by the standards contained in §§ 143-11 and 143-12 as well as the provisions of this section. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
D.
Standards for improvements and reconstruction. The following provisions
shall apply whenever any improvement is made to an existing structure
located within any identified floodplain area:
(1)
No expansion, enlargement or reconstruction of an existing structure
shall be allowed within any floodway area that would cause any increase
in the BFE.
(2)
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.
(3)
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(4)
The above activity shall also address the requirements of 34 PA Code,
as amended, and the 2009 IBC and the 2009 IRC.
(5)
Within any floodway area, no new construction or development shall
be allowed, unless a permit is obtained from the Department of Environmental
Protection Regional Office.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain 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
(CLOMR) or letter of map revision (LOMR). Submittal requirements and
processing fees shall be the responsibility of the applicant.
This chapter supersedes any other conflicting provisions that
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 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 section
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. This section shall not create liability on the part
of the Township or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
made thereunder.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$1,000, plus costs of prosecution and in default of payment of such
fine and costs by imprisonment for not more than 30 days.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
A.
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may: (a) fulfill the duties and responsibilities
set forth in these regulations; (b) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or (c) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Township Manager.
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); 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 concerns 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 Board 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, finished construction elevation data, permitting, inspection
and enforcement.
H.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
I.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain chapter as the floodplain administrator/manager.
J.
The Floodplain Administrator shall consider the requirements of 34
PA Code and the 2009 IBC and the 2009 IRC or the latest edition thereof
adopted by the State of Pennsylvania.
