[Added 3-21-2016 by Ord.
No. 134[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XVI,
Floodplain (FP) Zone, as amended. This ordinance provided that it
would become effective 4-5-2016.
A.
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of Conoy Township does hereby adopt the following regulations.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
The Floodplain Zone includes the areas of Leacock Township which
are subject to periodic inundation by floodwaters. This inundation
results in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, impairment of the tax base, and other
adverse effects on the public health, safety, and general welfare.
C.
In the interest of public health, safety, and welfare, the regulations
of the Floodplain Zone are designed and intended to protect floodplain
areas subject to and necessary for floodwaters, to permit and encourage
the retention of open land uses so located and utilized and to guide
incompatible development into more appropriate zoning districts.
D.
In advancing these principles and the general purposes of this Zoning Ordinance and the Comprehensive Plan, and as a supplement to Article I of this Zoning Ordinance, the specific intent of this zone includes the following:
(1)
To promote the general health, welfare, and safety of the community.
(2)
To encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(3)
To minimize danger to public health by protecting water supply
and natural drainage.
(4)
To reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5)
To comply with federal and state floodplain management requirements.
A.
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 unless a permit has been obtained from
the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing buildings
or structures.
The provisions of this article create any overlay zoning district
which is applicable within identified floodplain areas in all other
zoning districts established by this Zoning Ordinance. To the extent
the provisions of this article are applicable and more restrictive,
they shall supersede conflicting provisions within all other articles
of this Zoning Ordinance and all other ordinances of Leacock Township.
However, all other provisions of all other articles of this Zoning
Ordinance and all other ordinances of Leacock Township shall remain
in full force. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
The provisions of this article create an overlay zoning district
which is applicable within floodplains in all other zoning districts
established by this Zoning Ordinance. To the extent that the provisions
of this article are applicable and more restrictive, they shall supersede
conflicting provisions within all other articles of this Zoning Ordinance
and all other ordinances of Leacock Township. However, all other provisions
of all other articles of this Zoning Ordinance and all other ordinances
of Leacock Township shall remain in full force.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on accepted
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 any identified floodplain areas, or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
This article 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 article or any administrative decision lawfully
made thereunder.
A.
The Zoning Officer is hereby appointed to administer and enforce
this article and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
B.
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.
C.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Chairman of the Board
of Supervisors.
A permit shall be required before any construction or development
is undertaken within any area of the Township.
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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
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.
D.
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 floodplian area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
E.
In the event that 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 Supervisors for whatever action
it considers necessary.
F.
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.
G.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
H.
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.
I.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township. 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 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 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;
and
(7)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(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; and floodway area (See § 310-121.3A.) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(c)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(d)
Detailed information needed to determine compliance with § 310-121.15F, Storage, and § 310-121.11, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 310-121.15F and 310-121.11 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 § 310-121.11 during a base flood.
(e)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(f)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
D.
Applications for permits shall be accompanied by a fee, payable to
the Township, 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 construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the applicant to the Lancaster
County Conservation District for review and comment prior to the issuance
of a permit. The recommendations of the Conservation District shall
be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Township 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, the date of its issuance, and be signed by the Floodplain
Administrator.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also 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 issuance
of the development permit does not refer to the zoning approval.
B.
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a 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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who 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 provided for in § 310-304.
B.
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, be subject to the penalties as detailed in § 310-304.
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 requirements of this article and
of the Municipalities Planning Code.
A.
The Floodplain Zone is hereby defined to include all of the identified
floodplain areas within Leacock Township. The identified floodplain
areas shall be:
(1)
Any areas of The Township, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated April 5, 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 above referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by The Township and declared to
be a part of this article.
The identified floodplain area shall consist of the following
specific areas:
A.
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(2)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office.
B.
The AE Area/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.
C.
A Area/District.
(1)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(2)
In lieu of the above, the Township 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.
The identified floodplain area may be revised or modified by the Board of Supervisors 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, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 310-121.13B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Zoning Officer
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board. The burden of proof in such an appeal
shall be on the appellant.
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 community 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 and no others are permitted in the Floodplain
Zone, and they are permitted only if conducted in accordance with
the provisions of the Clean Streams Law of Pennsylvania, Act 394 of
1937, as amended,[1] the rules and regulations of the Pennsylvania Department
of Environmental Protection, and all other provisions of this article
and other applicable provisions of the Zoning Ordinance:
A.
Agriculture, horticulture, and forestry, excluding any fill or structures;
provided, however, that the exclusion of fill shall not be construed
to prohibit grading, filling or depositing that would not cause any
rise in the water surface elevation of the one-hundred-year flood.
B.
Erosion and sedimentation control measure, facilities, and structures;
provided, however, that the exclusion of fill shall not be construed
to prohibit grading, filling or depositing that would not cause any
rise in the water surface elevation of the one-hundred-year flood.
C.
Public and private recreational uses such as parks, swimming areas
(excluding swimming pools), play areas, day camps, campgrounds (excluding
campsites), picnic groves, lawns, gardens, golf courses, driving ranges,
archery ranges, game farms, areas or clubs for hunting, fishing, and/or
boating (including marker or anchor buoys), paved bicycle paths, and
hiking and horseback riding trails, all excluding any fill or structures;
provided, however, that the exclusion of fill shall not be construed
to prohibit grading, filling or depositing that would not cause any
rise in the water surface elevation of the one-hundred-year flood.
D.
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries,
tree fruits and seeds, or wild rice.
E.
Activities related to the preservation of natural amenities, including
wildlife sanctuaries, nature preserves, woodland preserves, botanical
gardens or arboretums, excluding any fill or structures; provided,
however, that the exclusion of fill shall not be construed to prohibit
grading, filling or depositing that would not cause any rise in the
water surface elevation of the one-hundred-year flood.
F.
Open space and front, side, or rear yard required by other articles of this chapter Floodplain land may be used to meet minimum open space, yard, and lot area requirements, provided that the purpose and intent of this article, as set forth in § 310-107 of this article, together with the requirements of any other pertinent municipal regulations, are complied with.
G.
Stream improvements whose sole purpose is to improve aquatic life
habitat, and which are approved by the Pennsylvania Fish Commission
and reviewed by the Lancaster County Conservation District.
H.
Single-strand wire fences.
I.
Picnic tables, park benches, fireplaces and grills and playground
equipment, if anchored to prevent flotation.
J.
Blinds for the shooting or observation of wildlife, provided that
such blinds may only be placed, erected, and maintained during the
open season established by the Pennsylvania Game Commission for the
taking of migratory waterfowl and the three weeks immediately preceding
and three weeks immediately following that open season. Blinds shall
be removed during all other times of the year.
K.
Circuses, carnivals, and similar transient enterprises, provided
that natural vegetative ground cover is not destroyed, removed, or
covered in such a way as to create erosion or sedimentation.
L.
Farm ponds which are constructed in accordance with a conservation plan reviewed by the Lancaster County Conservation District and which do not create any increase in flooding, and subject to the provision of §§ 310-121.13 and 310-121.15 of this article.
M.
Floodproofing and flood hazard reduction structured to protect only
lawfully existing nonconforming structures and lawfully existing nonconforming
uses within structures.
N.
Public utility facilities (except buildings) under the exclusive jurisdiction of the Pennsylvania Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of § 310-121.10G of this article.
O.
Marker buoys.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The following uses in the Floodplain Zone are permitted only
when special exceptions are granted in writing by the Zoning Hearing
Board as provided for herein, when permitted by the underlying zoning
district as permitted uses or special exception uses, and when conducted
in accordance with the provisions of the Clean Streams Law of Pennsylvania,
Act 394 of 1937, as amended,[1] the rules and regulations of the Pennsylvania Department
of Environmental Protection, and all other provisions of this Zoning
Ordinance. In granting any special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this article, as it may deem necessary to implement the purposes
of this article.
A.
Bridges, culverts, and approaches, subject to the provisions of §§ 310-121.9 and 310-121.10A.
B.
Extraction of sand, gravel, and other mineral resources, subject to the provisions of Sections §§ 310-121.9 and 310-121.10C.
C.
Fish hatcheries, subject to the provisions of §§ 310-121.9 and 310-121.10B.
D.
Parking lots, loading areas, driveways, subject to the provisions of §§ 310-121.9 and 310-121.10F.
E.
Public utility facilities, subject to the provisions of §§ 310-121.9 and 310-121.10G.
F.
Implement or tool sheds, subject to the provisions of §§ 310-121.9 and 310-121.10D.
G.
Water monitoring devices, subject to the provisions of §§ 310-121.9 and 310-121.10H.
H.
Water-oriented uses subject to the provisions of §§ 310-121.9 and 310-121.10E.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
General standards and criteria for all special exception uses in
the Floodplain District. In addition to the other provisions of this
article, in hearing and deciding upon special exceptions to be granted
or denied upon the provisions of this article, the Zoning Hearing
Board shall also determine that the following standards and criteria
have been compiled with:
(1)
That danger to life and property due to increased flood heights,
velocities, or frequencies caused by encroachments, is minimized.
(2)
That no or a minimum of floodwaters or materials will be swept
onto other lands or downstream to cause injury to others.
(3)
That the possibility of disease, contamination, and unsanitary
conditions is minimized.
(4)
The proposed facility needs a waterfront or floodplain location.
(5)
That available alternative locations not subject to flooding
for the proposed use do not exist.
(6)
That the proposed use is compatible with existing and anticipated
development.
(7)
That the proposed use is consistent with the Leacock Township
Comprehensive Plan and any floodplain management program for the area.
(8)
The safety of access to the property in times of flood for ordinary
and emergency vehicles will be assured.
(9)
That the expected area, height, depth, velocity, pressure, frequency,
duration, rate of rise, seasonality, and sediment, debris, and pollutant
load of floodwaters expected at the site is not inconsistent with
the proposed use.
(10)
That the proposed activity will not unduly alter natural water
flow or water temperature.
(11)
That archaeological or historic sites and structures, endangered
or threatened species of animals or plants, high quality wildlife
habitats, scarce vegetative types, and other irreplaceable land uses
will not be degraded or destroyed.
(12)
That the natural, scenic, and aesthetic values at the proposed
site will be conserved.
(13)
That a minimum amount of potential danger, damage, and injury
to all adjoining properties on both sides of any watercourse, regardless
of municipality, will occur. In this regard, any proposed activity
affecting an adjacent municipality shall be submitted to that municipality's
planning commission and governing body for review and comment.
B.
Required plans. In hearing and deciding upon special exceptions to
be granted or denied under the provisions of this article, the burden
of proof shall be on the applicant. The Zoning Hearing Board may require
the applicant to submit such plans, specifications, and other information
as it may deem necessary to assist it in arriving at a fair and impartial
determination. Such required information may include, but is not limited
to the following:
(1)
Plans drawn to scale showing the nature, location, dimensions,
and elevation of the lot, existing or proposed structures, fill, storage
of materials, floodproofing measures, and the relationship of the
above to the location of the channel.
(2)
A typical valley cross-section showing the channel of the watercourse,
elevation of land areas adjoining each side of the channel, cross-sectional
areas to be occupied by the proposed development, and high water information.
(3)
A plan (surface view) showing elevations or contours of the
ground; pertinent structure, fill, or storage elevations; size, location,
and spatial arrangement of all proposed and existing structures on
the site; location and elevations of streets, water supply facilities;
photographs showing existing land uses and vegetation upstream and
downstream soil types; and other pertinent information.
(4)
A profile showing the slope of the bottom of channel or flow
line of the watercourse.
(5)
Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply facilities and sanitary facilities.
C.
Hearings and use of experts. In hearing and deciding upon special
exceptions to be granted or denied under the provisions of this article,
the Zoning Hearing Board may call upon any experts or authorities
it may deem necessary to assist it in arriving at a fair and impartial
determination.
D.
Reasonable conditions and safeguards. In granting any special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in this Zoning Ordinance,
as it may deem necessary to implement the purposes of this Zoning
Ordinance.
E.
Fees. Fees for special exceptions: Any fees assessed an applicant
for a special exception, whether for a hearing or other purpose, shall
not exceed those costs directly associated with the particular application.
A.
Bridges, culverts, and approaches.
(1)
Review and/or approval by the Lancaster County Planning Commission,
if required.
(2)
Approval by the Susquehanna River Basin Commission, if required.
(3)
Approval by the Pennsylvania Department of Environmental Protection,
if required.
(4)
Approval by the Pennsylvania Department of Transportation (PennDOT),
if required.
(5)
If approval by PennDOT is not required, the proposed use must
still meet all of the appropriate minimum design standards of PennDOT.
(6)
The proposed structure must be designed in such a way as to
have the capacity to allow the unrestricted passage of waters of maximum
flood elevation below and through it without any upstream or downstream
increase in water surface elevation.
B.
Fish hatcheries. Fish hatcheries, including uncovered ponds and raceways,
may be permitted, subject to the following requirements:
F.
Parking lots, loading areas, driveways, airfields. Parking lots,
loading areas, driveways, and similar facilities may be permitted
subject to the following conditions:
G.
Public utility facilities. Public utility facilities not under the
exclusive jurisdiction of the Pennsylvania Public Utility Commission,
subject to the following conditions:
(1)
Facilities such as pipelines, gas lines, storm sewers, water
lines, outlet installations for sewage treatment plants, sealed public
and private water supply wells, pumping stations, and underground
communications facilities, shall, together with associated structures,
but excepting necessary vents, be designed and installed underground
so as to be at or below the existing natural surface grade within
the floodplain, and in such a manner as will prevent flotation, minimize
or eliminate flood damage, and not alter the cross-sectional area
of the floodplain. All new or replacement water supply facilities
and/or sanitary sewage facilities shall be designed to minimize or
eliminate infiltration of floodwaters into the facilities and discharges
from the facilities into floodwaters. All gas lines shall have a system
of shutoff valves for service in the Floodplain Zone to allow positive
control during flood emergencies.
(2)
Electrical transmission lines and supporting structures shall
be installed so as to minimize or eliminate flood damage and all lines
of less than 15 kilovolts shall be installed underground, below the
existing natural surface grade within the floodplain. Aboveground
electrical transmission lines of 15 kilovolts or more may be allowed
aboveground as a special exception, provided that they are certified
by a licensed professional engineer registered by the Commonwealth
of Pennsylvania as meeting all of the following standards:
(a)
Aboveground lines and supporting structures shall enter the
Floodplain Zone only to cross a watercourse, shall cross a watercourse
and the Floodplain Zone using the most direct and shortest route possible
consistent with the goals, objectives, purposes, and intents of this
article, shall make the minimum number of crossings necessary, and
shall be designed and installed so as to minimize or eliminate flood
damage.
(b)
Aboveground lines shall be elevated so that their lowest portions
are a minimum of 10 feet above the maximum flood elevation.
(c)
Supporting structures for aboveground lines within the Floodplain
Zone shall be the minimum number necessary to carry the lines across
the Floodplain Zone. Supporting structures shall be designed and installed
so as to be able to withstand the maximum volume, velocity, and force
of floodwaters which can be expected at the point where they are located.
(d)
Facilities in the Floodplain Zone shall be designed so that
flood damage within the Zone does not disrupt service outside the
Zone.
A.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any Floodway Area, any structure of the kind described in Subsection A, above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection A, above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 310-121.13, 310-121.14 and 310-121.15.
C.
New or substantially improved nonresidential structures.
(1)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection A, above, shall be built in accordance with §§ 310-121.13, 310-121.14 and 310-121.15, including:
(2)
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" United States Army
Corps of Engineers, June 1972, as amended March 1992), or with some
other equivalent watertight standard.
The following uses are specifically prohibited in the Floodplain
Zone:
A.
All uses prohibited either expressly or implicitly in the underlying
zoning district for the land in question.
C.
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage
of vehicles and/or materials.
D.
Any parts of any on-site sewage disposal systems.
E.
Swimming pools.
F.
Cemeteries for humans or animals.
G.
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures
which will not allow all animals to escape floodwaters of maximum
flood elevation without human intervention, while remaining safely
confined.
H.
Feedlots.
I.
Hospitals.
J.
Nursing homes.
K.
Jails or prisons.
L.
New manufactured home parks or manufactured home subdivisions, or
substantial improvements to an existing manufactured home park or
manufactured home subdivision.
A.
Alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have first been 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:
any development that causes a rise in the base flood elevations within
the floodway; or alteration or relocation of a stream (including but
not limited to installing culverts and bridges), the applicant shall
(as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(2)
Upon receipt of the Administrator's conditional approval of
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.
(3)
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 within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this article and any other applicable
codes, ordinances and regulations.
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.
(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 § 310-121.3C 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, where they are more restrictive.
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 § 310-121.3C 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
United States 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
utilized, 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)
There shall be 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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
D.
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
article, must comply with all ordinance 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 ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
E.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation,
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:
(a)
There shall be 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.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall 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 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 waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages," and "The
International Private Sewage Disposal Code" shall be utilized.
D.
Other utilities. All other utilities such as gas lines 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 § 310-121.11, Development which may endanger human life, shall be stored at or above the regulatory flood elevation 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. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained 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 sub-sections of this article, to the extent that
they are more restrictive and supplement the requirements of this
article.
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
and Letter of Map Revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in §§ 310-121.21 and 310-121.22, then the following provisions apply:
A.
All manufactured homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation; and
(2)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation; and
(3)
Anchored to resist flotation, collapse, or lateral movement;
and
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
B.
Installation of manufactured homes shall be done in accordance with
the manufacturer's 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 and 34 Pa. Code Chapters 401 through 405 shall apply.
C.
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 manufacturer's standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
Recreational vehicles in Zones A and AE must:
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 310-121.20 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
BFE.
B.
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.
C.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
D.
Within any Floodway Area/District (See § 310-121.3A.), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
E.
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.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 310-291 and the following:
A.
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
B.
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to Prohibited uses (§ 310-121.12) or to Development which may endanger human life (§ 310-121.11).
C.
If granted, a variance shall involve only the least modification
necessary to provide relief.
D.
In granting any variance, the Zoning Hearing Board 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 article.
F.
G.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
H.
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.
The following specific definitions of words and phrases are intended to supplement the definitions contained in Article II and are intended to be applicable to this article only.
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 Zone AE 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 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 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 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 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 flood 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 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 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 that have been certified
either:
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 §§ 310-121.2 and 310-121.3 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
nonelevation 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.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after April 5, 2016, and includes any subsequent improvements
to such structures. Any construction started after March 1, 1978,
and before April 5, 2016, is subject to the ordinance in effect at
the time the permit was issued, provided that 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 community's initial
Flood Insurance Rate Map (FIRM) dated March 1, 1978, 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 community's
initial Flood Insurance Rate Map (FIRM) dated March 1, 1978, 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.
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.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that 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. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
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, of which the cost 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
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 Township, 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 floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
