[Added 1-9-1974 by Ord. No. 631; amended 6-8-1977 by Ord. No.
663; 8-10-1977 by Ord. No. 665; 2-12-1997 by Ord. No. 822; 5-11-2016 by Ord. No. 942]
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 Board of
Commissioners of the Township of Springfield does hereby order as
follows.
In amplification of the general declaration of legislative intent set forth in § 114-10 of the Springfield Township Zoning Ordinance of 1940, as amended, in the interest of the public health, safety and welfare of the community, the creation of the Floodplain Conservation District (Identified Floodplain Area) is intended to protect areas subject to periodic floodwaters and necessary for floodwaters. The specific intent of this article is to combine with present zoning requirements to:
A.
Protect areas of the floodplain necessary to contain floodwaters.
B.
Promote the general health, welfare, and safety of the community
by regulating development in areas prone to flooding.
C.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
D.
Minimize danger to public health by protecting water supply and natural
drainage.
E.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
F.
Comply with federal and state floodplain management requirements.
G.
Permit only those uses which can be located appropriately in the
Floodplain Conservation District (Identified Floodplain Area) as herein
defined and which will not impede the flow of floodwaters or otherwise
cause danger to life and/or property at, above or below their locations
along the Floodplain Conservation District (Identified Floodplain
Area).
H.
Permit only those uses in the Floodplain Conservation District (Identified
Floodplain Area) compatible with the preservation of natural conditions
which are conducive to the maintenance of constant rates of water
flow throughout the year by withholding rapid water runoff contributing
to downstream flooding and by providing area for ground water absorption
for maintenance of the subsurface water supply.
A.
The Floodplain Conservation District (Identified Floodplain Area)
is defined and established as a district applicable to those areas
of the Township of Springfield subject to inundation by the waters
of the one-percent-annual-chance flood as delineated on the Flood
Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania, as
prepared by the Federal Emergency Management Agency, dated March 2,
2016, and subsequent revisions thereto. Said floodplain areas shall
consist of the following specific areas:
(1)
A, AE, and AE without floodway (wo FW).
(2)
Soils with a frequency of flooding of 1% or greater per year,
as delineated by the Natural Resources Conservation Service, United
States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
B.
In lieu of the above, Township of Springfield 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.
The Floodplain Conservation District (Identified Floodplain Area) shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for the Township of Springfield which is hereby made a part of this article, and additional area based on soils as described in § 114-12A2A(2). The FIRM is available for inspection at the Township Office.
D.
The Floodplain Conservation District (Identified Floodplain Area) shall be deemed an overlay on any zoning district now or hereafter applicable to any lot as those defined in Section 114-12A1.
E.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Township of Springfield unless a permit has been
obtained from the Floodplain Administrator.
This article supersedes any other conflicting provisions which
may be in effect in the Floodplain Conservation District (Identified
Floodplain Area). 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.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of this article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside the Floodplain Conservation District
(Identified Floodplain Area) or that land uses permitted within such
areas will be free from flooding or flood damages. This article, or
granting of a zoning permit, or approval of a subdivision plan, shall
not constitute a representation, guaranty, or warranty of any kind
regarding the practicability or safety of the proposed use by the
Township of Springfield, nor create liability on the part of the Township
of Springfield or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made there under.
Unless specifically defined below, words and phrases used in
this article shall be interpreted so as to give this article its most
reasonable application.
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. The BFE is also shown
on the FIS profile, and can be determined for Zone A Floodplains.
Any area of the 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.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
Now referred to as the AE Zone.
A factor of safety usually expressed in feet above the base
flood elevation for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by a municipal ordinance:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirement of the Pennsylvania Historic District Act.
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.
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce floodplain regulations.
It will always include the area identified as the Special Flood Hazard
Area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community. See § 114-12A:8
for the specifics on what areas the community has included in the
Identified Floodplain Area.
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
non-elevation design requirements of this article.
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.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after July 7, 1972, and before the effective
start date of this floodplain management article 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.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent frequency
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for the Township of Springfield.
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, and, as such, would be required
to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, and, as such, would not be
required to be compliant with the regulations of the NFIP.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or 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.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods. The regulatory flood elevation
is the elevation to which development is regulated for purposes of
elevation and/or dry floodproofing. It is equal to the base flood
elevation (BFE) plus a freeboard of two feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided, but no
floodway has been delineated.
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.
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/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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 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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. For alteration of historic structures, see § 114-12A15E.
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.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's flood plain 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.
A.
The Floodplain Conservation District (Identified Floodplain Area)
shall be any areas of the Township of Springfield classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated March 2,
2016, and issued by the Federal Emergency Management Agency (FEMA),
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study.
B.
The Floodplain Conservation District (Identified Floodplain Area) shall also include areas with soils listed in § 114-12A2A(2), along with any community identified flood hazard areas.
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FIRM Map Numbers Applicable to Springfield Township
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42091CIND1B
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42091CIND2B
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42091C0289G
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42091C0359G
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42091C0376G
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42091C0377G
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42091C0378G
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42091C0379G
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42091C0381G
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C.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township of Springfield
and declared to be a part of this article.
The Floodplain Conservation District (Identified Floodplain
Area) shall consist of the following specific areas/districts:
A.
The Floodway Area/District shall be those areas identified as Floodway
on the FIRM as well as those 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.
The floodway represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point.
(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 a permit is obtained from the Department
of Environmental Protection Regional Office.
B.
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.
(1)
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.
(2)
AE Area without 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 but no floodway has been
determined.
(a)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
C.
The A Area/District shall be the areas identified as an A Zone on
the FIRM included in the FIS prepared by FEMA and for which no base
flood elevations (one-percent-annual-chance flood elevations) have
been provided. For these areas, elevation and floodway information
from other federal, state, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the base flood elevation shall be determined by using the elevation
of a point on the boundary of the Floodplain Conservation District
(Identified Floodplain Area) which is nearest the construction site.
(1)
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.
D.
The AH and AO Area/District shall be those 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.
E.
Community-identified Flood Hazard Areas shall be those areas where
the Township of Springfield 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 Floodplain Conservation District (Identified Floodplain
Area) may be revised or modified by the Board of Commissioners of
the Township of Springfield where studies or information provided
by a qualified agency or person documents the need for such revision.
However, prior to any such change to the Special Flood Hazard Area,
approval must be obtained from FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, the Township of Springfield shall notify FEMA of the changes
to the Special Flood Hazard Area by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township of Springfield Zoning Officer and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board as provided in Article XVI of the Township of Springfield Zoning Ordinance. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Township of Springfield shall review flood hazard data affecting the
lands subject to boundary changes. The Township of Springfield shall
adopt and enforce floodplain regulations in areas subject to annexation
or corporate boundary changes which meet or exceed those in 44 CFR
60.3.
The following uses are permitted by right in the Floodplain
Conservation District (Identified Floodplain Area) in compliance with
the requirements of this article:
A.
Up to half of any required yard setback area on an individual residential
lot may extend into the Floodplain Conservation District (Identified
Floodplain Area) consistent with other applicable provisions of the
Springfield Township Code and the laws of the Commonwealth of Pennsylvania.
C.
Forestry operations reviewed by the Montgomery County Conservation
District.
D.
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
E.
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual. If any part of the
Code of the Township of Springfield conflicts with this provision,
the more restrictive regulation shall apply.
F.
Public sewer and/or water lines and public utility transmission lines
running along the corridor.
Any use or activity not authorized within § 114-12A12, herein, shall be prohibited within the Floodplain Conservation District (Identified Floodplain Area) and the following activities and facilities are specifically prohibited:
A.
No new construction, alteration, or improvement of buildings and
any other type of permanent structure, including fences, shall be
permitted in the floodway or the one-hundred-year floodplain.
B.
Placement of fill within the one-hundred-year floodplain is prohibited.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse.
D.
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 114-12A12, herein, and where the effects of these actions are mitigated by re-establishment of vegetation.
E.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
F.
Roads or driveways, except where permitted as corridor crossings in compliance with § 114-12A12, herein.
G.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
H.
Parking lots.
I.
Subsurface sewage disposal areas.
J.
Sod farming.
K.
Stormwater basins, including necessary berms and outfall facilities.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District (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 elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District without floodway, as defined in § 114-12A8B, 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 article.
D.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this article must
comply with all article requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific article requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
article requirements will be the minimum necessary to preserve the
historic character and design of the structure.
E.
The above activity shall also address the requirements of 34 Pa.
Code, as amended and the 2009 IBC and the 2009 IRC.
F.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
G.
Within any Floodway Area/District (see § 114-12A8A), no new construction or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
H.
Within any AE Area/District without Floodway (see § 114-12A8B), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township of Springfield may, upon request, grant
relief from the strict application of the requirements.
A.
For a use other than those permitted in Article V, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
C.
No variance shall be granted for any construction, development, use,
or activity within any AE Area without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
D.
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 114-12A29 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (section 114-12A24A).
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
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
A.
Within the Floodplain Conservation District (Identified Floodplain
Areas), manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
B.
Where permitted by variance within the Floodplain Conservation District
(identified Floodplain Areas), all manufactured homes, and any improvements
thereto, shall be:
(1)
Placed on a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is
at least two feet above the base flood elevation.
(3)
Anchored to resist flotation, collapse, or lateral movement.
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
C.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 International Residential Building Code
or the U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto shall apply and 34 PA Code Chapter 401-405 shall
apply.
D.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
A.
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.
In granting any variance, the Zoning Hearing Board shall attach the
reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
D.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause, including:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will:
E.
A complete record of all variance requests and related actions shall
be maintained by the Township of Springfield. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
In granting any variance, the Township of Springfield shall
attach the following technical provisions to the proposal for which
the variance has been granted. These conditions and safeguards are
necessary in order to protect the public health, safety, and welfare
of the residents of the municipality.
A.
Pertaining to the alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
When a community proposes to permit the following encroachments:
(1)
The municipality shall require technical or scientific data
to be submitted to FEMA for a letter of map revision (LOMR) within
six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE. A LOMR or conditional
letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(2)
The applicant shall (as per CFR Part 65.12):
(a)
Apply to FEMA or conditional approval of such action prior to
permitting the encroachments to occur.
(b)
Upon receipt of the administrator's conditional approval of
the map change and prior to approving the proposed encroachments,
a community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District (Identified Floodplain
Area) shall be undertaken in strict compliance with the provisions
contained in this article and any other applicable codes, ordinances
and regulations. In addition, when such development is proposed within
the area measured 50 feet landward from the top of bank of any watercourse,
a permit shall be obtained from the Department of Environmental Protection
Regional Office.
A.
Residential structures.
(1)
In AE Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation. 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 used, where they are more restrictive.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 114-12A8C of this article.
(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 34 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 (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
(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 (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 114-12A8D of this article.
(3)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(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
used, where they are more restrictive.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
Minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures.
(1)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(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 100 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause 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,
collapse and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
A.
Development which may endanger human life. In accordance with the
Pennsylvania Flood Plain Management Act, and the regulations adopted
by the Department of Community and Economic Development as required
by the Act, any new or substantially improved structure which: (1)
will be used for the production or storage of any of the following
dangerous materials or substances; or (2) 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 (3) will involve the production,
storage, or use of any amount of radioactive substances, shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Any structure of the kind described in Subsection A, above, shall be prohibited within any Floodway Area. Where permitted within any Identified Floodplain Area, any new or substantially improved residential structure of the kind described in § 114-12A15A, above, shall be elevated to remain completely dry up to at least two feet above base flood elevation and built in accordance with §§ 114-12A12, 114-12A13, and 114-12A14 above.
C.
Within any Identified Floodplain Area, any new or substantially improved structure of the kind described in § 114-12A15A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Where permitted within any Identified Floodplain Area, any new or substantially improved nonresidential structure of the kind described in § 114-12A15A above, shall be built in accordance with §§ 114-12A12, 114-12A13, and 114-12A14, including:
(1)
Elevated or designed and constructed to remain completely dry
up to at least two feet above base flood elevation; and
(2)
Designed to prevent pollution from the structure or activity
during the course of a base flood;
(3)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other equivalent
watertight standard.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District
(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 Floodplain Conservation District (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, 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 § 114-12A24A, 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.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
L.
Equipment.
(1)
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.
(1)
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405), as amended, and not limited to the following provisions
shall apply to the above and other sections and subsections of this
article, to the extent that they are more restrictive and/or supplement
the requirements of this article.
(a)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R322, Appendix AE101,
Appendix E and Appendix J.
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the activities indicated Subsections A and B, below, shall be prohibited within any Floodplain Conservation District (Identified Floodplain Area) unless a special permit has been issued by the Township of Springfield. In order to apply for a special permit, a variance must first be obtained, as outlined in §§ 114-12A16 through 114-12A21 of this article.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request including a completed special permit application
form.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross section drawings for all proposed streets, drives, other
access ways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
access ways including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(4)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation elevations and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(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;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Township of Springfield, the following procedures shall apply in addition to those of §§ 114-12A31 through 114-12A40:
A.
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the Montgomery County Planning Commission by
registered or certified mail for its review and recommendations. Copies
of the application shall also be forwarded to the Township of Springfield
Planning Commission and the Township of Springfield Engineer for review
and comment.
B.
If an application is received that is incomplete, the Township of
Springfield shall notify the applicant in writing, stating in what
respect the application is deficient.
C.
If the Township of Springfield decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
D.
If the Township of Springfield approves an application, it shall
file written notification, together with the application and all pertinent
information, with the Pennsylvania Department of Community and Economic
Development, by registered or certified mail, within five working
days after the date of approval.
E.
Before issuing the special permit, the Township of Springfield shall
allow the Pennsylvania Department of Community and Economic Development
30 days, after receipt of the notification by the Department, to review
the application and decision made by the Township of Springfield.
F.
If the Township of Springfield does not receive any communication
from the Pennsylvania Department of Community and Economic Development
during the thirty-day review period, it may issue a special permit
to the applicant.
G.
If the Pennsylvania Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Township
of Springfield and the applicant, in writing, of the reasons for the
disapproval, and the Township of Springfield shall not issue the special
permit.
A.
In addition to the requirements of §§ 114-12A22 through 114-12A25 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those located elsewhere in this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(1)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
(a)
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
(b)
The lowest floor (including basement) will be elevated to at
least two feet above the base flood.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
All 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 of Springfield and the Pennsylvania Department
of Community and Economic Development.
The Zoning Officer of the Township of Springfield is hereby
appointed to administer and enforce this article 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. In the absence
of a designated Floodplain Administrator, the Floodplain Administrator
duties are to be fulfilled by the Township Manager.
A permit shall be required before any construction or development is undertaken within any area of Springfield Township. In the case of a proposed hospital, nursing home, jail, prison, or manufactured home park, the permit referred to here would be the special permit of §§ 114-12A26 through 114-12A29.
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);[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
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. The Floodplain Administrator 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 Floodplain Conservation District (Identified
Floodplain Area), upon presentation of proper credentials, at any
reasonable hour to enforce the provisions of this article.
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 of Commissioners for whatever action
it considers necessary.
G.
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this article including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
H.
The Floodplain Administrator is the official responsible for submitting
an annual 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 Ordinance 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 latest revisions thereof.
A.
Application for the required permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township of
Springfield. Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location including address.
(5)
Listing of other permits or variances required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District (Identified
Floodplain Area), applicants for permits shall provide all the necessary
information in sufficient detail and clarity to enable the Floodplain
Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(2)
All 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.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other access
ways; and
(e)
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District (Identified Floodplain Area),
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 a scale of one inch being equal to 100 feet or less showing
the following:
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation; and Floodway Area (see § 114-12A8A), when combined with all other existing and anticipated development, will not increase the base flood elevation at any point; and detailed information concerning any proposed floodproofing measures and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway, when combined with all
other existing and anticipated development, will not increase the
base flood elevation more than one foot at any point.
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(e)
Detailed information needed to determine compliance with § 114-12A25F, Storage, and § 114-12A24A, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials
or substances referred to in §§ 115-12A24 and 114-12A25F
which are intended to be used, produced, stored or otherwise maintained
on site.
[2]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 115-12A24
during a base flood.
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(5)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
A copy of all applications and plans for any proposed development
which fall within the purview of the County Conservation District
as delineated elsewhere in this code in any Floodplain Conservation
District (Identified Floodplain Area) to be considered for approval
shall be submitted by the Floodplain Administrator to the County Conservation
District for review and comment prior to the issuance of any required
approval or permit.
A copy of all plans and applications for any proposed construction
or development in any Floodplain Conservation District (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., Planning Commission, 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.
In addition to the permit, the Floodplain Administrator shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the permit and the date of its issuance, and shall be signed by
the Floodplain Administrator.
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The term "start of construction" shall be understood as defined § 114-12A6 of this article. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of a foundation, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation of foundations or the erection of temporary forms; nor does it include installation on the property of accessory structures. For a substantial improvement, the actual start of construction means 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. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
A.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of the Commonwealth of Pennsylvania; and
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article.
B.
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the municipality shall pay a fine to the Township of Springfield in accordance with the provisions of § 114-182 of the Springfield Township Code. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the Board of Commissioners to be a public nuisance and abatable as such.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
B.
Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
C.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of the Commonwealth of Pennsylvania including the Pennsylvania Flood
Plain Management Act.
This article shall be effective on March 2, 2016, and shall
remain in force until modified, amended or rescinded by the Township
of Springfield, Montgomery County, Pennsylvania. This article is enacted
and adopted by the Springfield Township Board of Commissioners this
11th day of May, 2016.
