The full title of this chapter is as stated above.[1] For ease of reference, the short title of this chapter
is "Floodplain Management Ordinance."
[1]
Editor's Note: This refers to the full title of Ord.
No. 2020-04, which is on file in the Township offices.
This chapter is enacted pursuant to the enabling authority of
the Second Class Township Code, 53 P.S. §§ 1506 and
1601; the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 909.1,
910.2 and 912.1; the Pennsylvania Construction Code Act, Act 45 of
1999, as amended, 35 P.S. § 7210.101 et seq.; the National
Flood Insurance Program, including the Code of Federal Regulations,
44 CFR Parts 59, 60, 65 and 70, and the Pennsylvania Flood Plain Management
Act, 32 P.S. §§ 679.101 through 679.601.
The purpose of this chapter is to:
A.
Promote the general health, safety and welfare of the residents and
property owners in the Township;
B.
Restrict or prohibit uses that are dangerous to person and property
due to water or erosion hazards or that result in damaging increases
in erosion, flood heights or flood velocities;
C.
Require that uses which are vulnerable to floods, including facilities
that serve such uses, be protected against flood damage at the time
of initial establishment, construction or enlargement;
D.
Encourage the use of appropriate construction practices in order
to prevent or minimize flood damage in the future;
E.
Control the alteration of natural floodplains, stream channels and
protective barriers, which accommodate floodwaters;
F.
Prevent or regulate the construction of barriers that will unnaturally
divert floodwaters or which increase flood hazards to other lands;
G.
Control filling, grading, dredging and all other development activities
that may increase erosion or flood damage; and
H.
Comply with federal and state floodplain management requirements.
The objectives of this chapter are:
A.
To protect human life and health;
B.
To minimize the need for rescue and relief efforts undertaken with
flooding and the expenditure of public money for these efforts;
C.
To minimize property loss and damage;
D.
To minimize prolonged business losses and interruptions;
E.
To help maintain a stable tax base by providing for the sound use
and development of floodplain areas;
F.
To minimize damage to public facilities and utilities that are located
in floodplain areas; and
G.
To minimize expenditure of public money for costly flood control
projects.
A.
This chapter is applicable to any and all areas of the Township classified
as special flood hazard areas in the Flood Insurance Study and Flood
Insurance Rate Map issued by the Federal Emergency Management Agency
dated July 22, 2020, or then current.
(1)
The special flood hazard area may be revised or modified by the Board
of Supervisors but only where studies or other information provided
by a qualified agency or person documents the need for such revisions
and:
B.
It shall be unlawful for any person to undertake or cause to be undertaken
any construction or development within a flood hazard area anywhere
within the Township; except, where construction or development is
for purposes of reconstruction allowed by this chapter or upon grant
of a variance, it shall be unlawful for any person to undertake or
cause to be undertaken such construction and development within a
flood hazard area unless a floodplain development permit has been
obtained from the Floodplain Administrator.
C.
"Person" as used in this chapter shall mean an individual, partnership,
public or private association, corporation, business, trust, estate,
municipality, government unit, public utility or any other legal entity
which is recognized by law as the subject of rights and duties.
In the event of a conflict between the provisions of this chapter
and any other ordinance of the Township, the more restrictive provisions
shall apply.
In the event any part of this chapter shall be declared invalid,
such declaration shall not affect the remaining portions of the Ordinance,
which shall remain in full force and effect. For this purpose, the
provisions of this chapter are hereby declared to be severable.
The degree of flood protection sought by the provisions of this
chapter is considered reasonable for regulatory purposes. As a consequence
of natural and man-made causes, larger floods may occur, flood heights
may be increased, and other areas outside of identified floodplain
areas may be impacted by flooding.
Certain words and phrases used in this chapter are defined in
the Code of Federal Regulations and the Pennsylvania Flood Plain Management
Act.[1] For ease of reference, the definitions of a number of
these words and phrases are set forth below. Where not specifically
defined below or defined in the Code of Federal Regulations and the
Pennsylvania Flood Plain Management Act, words or phrases uses in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
The highest level of flooding that, on average, is likely
to occur every 100 years, that is a flood that has a 1% chance of
occurring each year.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Flood having a 1% chance of being equaled or exceeded in
any given year.
Elevation shown on the Flood Insurance Rate Map for Zones
AE, AH, and A1-30 that indicates the water surface elevation resulting
from a base flood.
Any area of the structure having its floor subgrade below
ground level on all sides.
See "structure."
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 equals or exceeds 25% of the market
value of the structure before the damage occurred.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, erection, reconstruction,
renovation, repair, expansion, or alteration of structures; the placement
of manufactured homes in manufactured home parks and subdivisions;
streets and other paving; utilities; filling, grading and excavation;
mining; dredging; drilling operations; storage of equipment or materials;
clearing of vegetation; and any use or change in use of any structures
or land. "Development" shall also include any land-disturbing activity
on improved or unimproved land that changes the amount of impervious
or partially impervious surfaces or that otherwise decreases the natural
infiltration of precipitation into the soil.
The floodway and the maximum area of land likely to be flooded
by a base flood, as identified in the most current Flood Insurance
Study and shown on the most current Flood Insurance Rate Map for the
Township of Mount Joy, Adams County, Pennsylvania, provided by the
Federal Emergency Management Agency.
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 Township. As of the date
of this chapter, the official map is dated July 22, 2020. This definition
expressly includes any revisions to the official map then current
at the time of application of this chapter.
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. This definition expressly includes any revisions
to the official report then current at the time of application of
this chapter, including all digital data developed as part of the
FIS.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
or runoff of surface water from any source, including the overflow
of streams, rivers or other waters of the commonwealth.
Any land area 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. This term expressly includes the areas shown on the Flood
Insurance Rate Map (see definition of "Flood Insurance Rate Map").
Mount Joy Township permit required prior to the commencement
of any development in the floodplain.
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 area that must be kept free of encroachment in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management, which compensates for
the many unknown factors that could contribute to flood heights greater
than the height calculated for a selected size flood and floodway
conditions.
For purposes of this chapter, 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 local inventory of historic places
in communities with historic preservation that have been certified
either:
The lowest floor of the lowest fully enclosed area, including
the basement. An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
For purposes of this chapter only, the term "manufactured
home" means 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, recreation and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
For purposes of this chapter only, a parcel or contiguous
parcels of land divided into two or more manufactured home lots for
rent. For purposes of this chapter, the term "manufactured home park"
is substituted for the term "manufactured home park or subdivision"
used in the Pennsylvania Flood Plain Management Act.[2] The Pennsylvania Municipalities Planning Code[3] contains the term "mobilehome park" (not "subdivision")
and defines a "mobilehome park" as "a parcel or contiguous parcels
of land which has been so designated and improved that it contains
two or more mobilehome lots for the placement thereon of mobilehomes."
A manufactured home (see definition of "manufactured home") on an
individual lot of record established by deed or plan of subdivision
is a structure (see definition of "structure").
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements, nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective date of this chapter and includes any subsequent
improvements to such structures. Any construction started after the
initial Flood Insurance Rate Map issued for the municipality and before
the effective date of this chapter is subject to the ordinance in
effect at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
For purposes of this chapter only, a manufactured home park
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 poring of concrete pads) is completed on
or after the effective date of this chapter. (See also the definition
of "manufactured home park.") For purposes of this chapter, the term
"manufactured home park" is substituted for the term "manufactured
home park or subdivision" used in the Pennsylvania Flood Plain Management
Act.[4] The Pennsylvania Municipalities Planning Code[5] contains the term "mobilehome park" (not "subdivision")
and defines a "mobilehome park" as "a parcel or contiguous parcels
of land which has been so designated and improved that it contains
two or more mobilehome lots for the placement thereon of mobilehomes."
A manufactured home (see definition of "manufactured home") on an
individual lot of record established by deed or plan of subdivision
is a structure (see definition of "structure").
Any structure or assembly of materials, including fill, or
an activity which might impede, retard or change flood flows.
For purposes of this chapter only, 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 a temporary
living quarters for recreational, camping, travel or seasonal use.
The base flood elevation, or estimated flood height as determined
using simplified methods, plus a freeboard safety factor of 1 1/2
feet. The freeboard safety factor also applies to utilities and ductwork.
Approval required for hospitals, nursing homes, jails, and
new or substantially improved existing manufactured home parks, when
such development is located in all or a portion of a floodplain. For
purposes of this chapter, the term "special approval" is substituted
for the term "special exception" used in Section 301 of the Pennsylvania
Flood Plain Management Act.[6]
Land in the floodplain subject to inundation by the base
flood as shown on the most current Flood Insurance Rate Map for the
Township of Mount Joy, Adams County, Pennsylvania, provided by the
Federal Emergency Management Agency.
Date the building permit was issued, provided the actual
start of repair, construction, reconstruction, rehabilitation, addition,
placement or other improvement is within 180 days of the permit date
and shall be completed within 12 months after the date of issuance
of a permit unless a time extension is granted. 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 of 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, celling, floor or other structural part of a building whether
or not that alteration affects the external dimensions of the building.
Anything constructed and erected on or attached to the ground
by any combination of materials, including a manufactured home and
a gas or liquid storage tank that is principally sited above ground.
Damage from any cause sustained by a structure whereby the
cost of restoration to a before-damaged condition would equal or exceed
50% of the market value of the structure before the damage occurred.
Any combination of repair, 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, regardless of the actual repair
work performed. This term includes structures which have incurred
cumulative substantial damage. For purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not include:
An improvement to correct existing violations of state or Township
health, sanitary or safety code requirements and which is the minimum
necessary to assure safe living conditions; or
An alteration of an historic structure listed on the National
Register of Historic Places or Pennsylvania's inventory of historic
places, provided the alteration does not preclude the structure's
continued designation as such.
Grant of relief by the Mount Joy Township Zoning Hearing
Board from a requirement of this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. 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), (3) or (5) is presumed to be in violation until such time
as that documentation is provided.
