[1]
Editor's Note: This ordinance provided an effective date of
9-25-2009.
A.
The legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978, delegated
the responsibility to the local government units to adopt floodplain
management regulations to promote public health, safety, and the general
welfare of its citizenry. Therefore, the Board of Supervisors of the
Township of Springettsbury does hereby order as follows.
B.
Purpose and intent. The purpose and intent of these provisions is
to promote the general health, welfare and safety of the community
by:
(1)
Encouraging the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(2)
Minimize danger to public health by protecting water supply and natural
drainage.
(3)
Reduce financial burdens imposed on the community, its governmental
units and its residents by preventing excessive development in areas
subject to flooding.
(4)
Comply with federal and state floodplain management requirements.
C.
Applicability. These provisions shall apply to all lands within the
Jurisdiction of Springettsbury Township and shown on the Official
Floodplain Map within the boundaries of any floodplain district. The
floodplain districts described herein shall be overlays to the existing
underlying zoning districts as shown on the Official Zoning Map and,
as such, the provisions for the floodplain districts shall serve as
a supplement to the underlying district provisions. No structure or
land shall hereafter be used and no structure shall be located, relocated,
constructed, reconstructed, enlarged or structurally altered except
in full compliance with the terms and provisions of this chapter and
any other applicable ordinances and regulations which apply to uses
within the jurisdiction of this chapter.
(1)
Zoning overlay. In the event any provisions concerning a floodplain
district are declared inapplicable as a result of any legislative
or administrative actions or judicial discretion, the basic underlying
zoning district provisions shall remain applicable.
(2)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within Springettsbury Township unless a zoning permit has
been obtained from Springettsbury Township.
(3)
A zoning permit shall not be required for minor repairs to existing
buildings or structures.
D.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
E.
Warning and disclaimer of liability. 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 on rare occasions. 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 Districts will be free from flooding
or flood damages. This article shall not create liability on the part
of Springettsbury 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.
F.
Severability. 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.
Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable meaning. Any of the following definitions which may conflict with a definition in § 325-5 of this chapter shall apply within 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 Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of 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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials and the subdivision of land.
A 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 space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A 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 which is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 § 325-78B(5) for the specifics on what areas the community has included in the identified floodplain area. The identified floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood, including areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
Any of the following activities:
The improvement of one or two or more contiguous lots, tracts
or parcels of land for a purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether proposed
initially or cumulatively, between or among two or more existing or
prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
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 the 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,
soil, 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 start date of this floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after December 7, 1977, 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.
A flood that, on average, is likely to occur once every 100
years (i.e., that has one-percent chance of occurring each year, although
the flood may occur in any year).
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) 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), whichever is later and, as
such, would not be required to be compliant with the regulations of
the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis.
Not more than 400 square feet, measured at the largest horizontal
projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages, sustained by a structure on two 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, A1-30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivision 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 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, celling, 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 of 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.
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction, or improvement of the street, utilities, and
pads will equal or exceed 50% of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement is started.
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 fair 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
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code, adopted by the Pennsylvania
General Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable to commonwealth 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.
Means 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 § 60.3B(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.
Designation of the Floodplain Administrator.
(1)
The Township Engineer 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.
(2)
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.
(3)
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Township Manager.
B.
Duties and responsibilities of the Floodplain Administrator. 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.
(1)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the 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.
(2)
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.
(3)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(4)
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, Council, etc., for whatever action
it considers necessary.
(5)
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.
(6)
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
(7)
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.
(a)
Records associated with SFHA must be maintained in perpetuity;
this supersedes the Pennsylvania Record Retention requirements.
(8)
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
D.
Issuance of zoning permits. Springettsbury Township shall issue a
zoning 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.
E.
Application procedures and requirements. Application for such a zoning
permit shall be made, in writing, to the Zoning Officer on forms supplied
by Springettsbury Township.
(1)
Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakdown of the flood-related cost and the market value of the
building before the flood damage occurred.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for zoning
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Zoning Officer to determine that:
(a)
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;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Zoning Officer
to make the above determination:
(a)
A completed zoning permit application form.
(b)
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]
Topographic contour lines, if available;
[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 and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
[5]
The location of all existing streets, drives, and other accessways;
and
[6]
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 directions and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevations of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the one-hundred-year flood;
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood;
[4]
Detailed information concerning any proposed floodproofing measures;
and
[5]
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 through 405, as amended, and Sections 1612.5.1, 104.7
and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the
2003 IRC or the most recent versions of these codes adopted by the
Township.
(d)
The following data and documentation:
[1]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
[2]
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 one-hundred-year 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.
[3]
Detailed information needed to determine compliance with § 325-79H(6) Storage, and § 325-79I, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 325-79H(6) and § 325-79I which are intended to be used, produced, stored or otherwise maintained on site.
[4]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[5]
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.
F.
County Conservation District review. A copy of all application for
any proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the applicant
to the York County Conservation District for review and comment prior
to the issuance of a zoning permit. The recommendations of the York
County Conservation District shall be considered by Springettsbury
Township for possible incorporation into the proposed plan.
G.
Review of application by others. Prior to the issuance of any zoning
permit, the Zoning Officer shall review the application for permit
to determine if all necessary governmental permits, such as those
required by state and federal laws, have been obtained, including
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),[2] and the U.S. Clean Water Act, § 404, 33 U.S.C.
§ 1334, as amended. No permit shall be issued until this
determination has been made. A copy of all plans and application for
proposed construction or development in any identified floodplain
area to be considered for approval may, at the permit officer's discretion,
be submitted to any other appropriate agencies and/or individuals
for review and comment.
[2]
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.
H.
Start of construction. Work on the proposed construction and/or development
shall begin within six months 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 Springettsbury
Township. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation of basement, footings, piers, or foundations, erection
of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street. Time extensions shall be granted
only if a written request is submitted by the applicant, which sets
forth sufficient and reasonable cause for Springettsbury Township
to approve such a request.
I.
Watercourse alterations. No encroachments, alteration, or improvements
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by Springettsbury
Township and until all required permits or approvals have been first
obtained from the Department of Environmental Protection Regional
Office. No encroachments, alteration, or improvements 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. In addition, the Federal Emergency Management Agency and
Pennsylvania Department of Community and Economic Development shall
be notified by Springettsbury Township prior to any alteration or
relocation of any watercourse.
J.
Changes. After the issuance of a zoning permit, 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 Springettsbury Township. Requests
for any such changes shall be in writing and shall be submitted by
the applicant to Springettsbury Township for consideration.
K.
Display of permit. A copy of the permit shall be displayed on the
premises during construction.
L.
Inspection and revocation.
(1)
During the construction period, Springettsbury Township 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. Springettsbury Township
shall make as many inspections during and upon completion of the work
as are necessary.
(2)
In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this article.
(3)
In the event the Zoning Officer shall discover 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 Zoning Officer shall revoke the permit and report
such fact to the Board of Supervisors for whatever action it considers
necessary.
(4)
A record of all such inspections and violations of this article shall
be maintained.
(5)
The requirements of 34 Pa. Code Chapters 401 through 405 and the
IBC (Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and the 2003 IRC
(Sections R106.1.3, R109.1.3 and R104.7) or the most recent versions
of these codes adopted by the Township pertaining to elevation certificates
and record retention shall be considered.
M.
Fees. Applications for a zoning permit shall be accompanied by a
fee payable to Springettsbury Township based upon the estimated cost
of the proposed construction as set by resolution of the Board of
Supervisors, as amended from time to time.
N.
Enforcement and penalties. Enforcement and penalties related to permits
for construction shall be in accordance with all applicable sections
of this chapter and the International Building Code of Springettsbury
Township.
(1)
Notices. Whenever the Zoning Officer 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 Official shall
give notice of such alleged violation as hereinafter provided. Such
notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent, as the case
may require, via certified restricted mail or method of service authorized
or required by the laws of this state; and
(e)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article.
(2)
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 or order of direction of the Zoning Officer
or any other authorized employee of Springettsbury Township shall
be guilty of an offense and, upon conviction, shall pay a fine to
Springettsbury Township of $500 plus costs of prosecution. In default
of such payment, such person shall be imprisoned in the county prison
for a period not to exceed 10 days. Each day during which any violation
of this article continues shall constitute a separate offense. 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 Supervisors to be a public
nuisance and abatable as such.
O.
Appeals.
(1)
Any person aggrieved by any action or decision of the Zoning Officer
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 Zoning Officer.
(2)
Upon receipt of such appeal, the Zoning Hearing Board shall set a
time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
(3)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to the court, as provided by the
laws of this commonwealth, including the Pennsylvania Flood Plain
Management Act.
A.
Identification. The identified floodplain area shall be those areas
of Springettsbury Township which are subject to the one-hundred-year
flood, which are Identified as SFHAs (Area of Special Flood Hazard)
in the Flood Insurance Study December 16, 2015 and the accompanying
maps prepared for Springettsbury Township 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.
Description of floodplain areas.
(1)
Floodway area (FW). The areas identified as "floodway" in the flood
insurance study. The term shall also include floodway areas which
have been identified in other available studies or sources of information
for those floodplain areas where no floodway has been identified in
the Flood Insurance Study. 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.
(a)
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.
(b)
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.
(2)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[1]
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.
[2]
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.
(3)
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.
(a)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(4)
The AO and AH 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.
(5)
Community-identified flood hazard areas specific to Springettsbury
Township; the Springettsbury Township Zoning Ordinance recognizes
the terms Floodway (FW). Special Floodplain area (FE). Flood Fringe
(FF) and General Floodplain Area (FA). For the purposes of this article,
the Floodway shall include all areas defined within the FEMA floodway.
The General, Special, and Flood Fringe areas shall include all areas
covered by FEMA designations A, AE, AO and AH as defined above.
C.
District boundary changes. The delineation of any of the Floodplain Districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (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 § 325-79 for situations where FEMA notification is required.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Zoning
Officer. Any party aggrieved by this decision may appeal to the Zoning
Hearing Board.
E.
Zoning Map. The boundaries of the floodplain districts are established
as shown on the Flood Boundary and Floodway Map, Panels 42133C0214F,
42133C0218F, 42133C0219F, 42133C0326F, 42133C0327F, 42133C0329F, 42133C0331F,
42133C0332F, 42133C0333F, 42133C0334F, 42133C0351F01F, dated December
16, 2015, or the most recent revision thereto. The said map is hereby
incorporated into and made a part of the Official Zoning Map of Springettsbury
Township, as it may be amended from time to time. A copy of said map
shall be kept on file at the offices of Springettsbury Township and
be available for inspection at any time.
F.
Use permitted in Floodway Area (FW). The following uses and no others
shall be permitted in a Floodway Area (FW). No development shall be
permitted in the floodway except where the effect of such development
on flood heights is fully offset by accompanying improvements which
have been approved by all appropriate local, state and/or federal
authorities as required above.
(1)
Uses permitted by right. The following uses and activities are permitted
in the floodway, provided that they are in compliance with the provisions
of the underlying district and are not prohibited by any other ordinance,
and provided that they do not require structures, fill or storage
of materials and equipment:
(a)
Agricultural and farm uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat-launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap-and-skeet game ranges
and hunting and fishing areas.
(c)
Accessory residential uses such as yard areas, gardens, play
areas and pervious parking areas.
(d)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
(2)
Uses permitted by special exception. The following uses and activities
may be permitted by special exception, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance:
(a)
Structures, except for mobile homes, accessory to the uses and activities in Subsection F(1), Uses permitted by right, above.
(b)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants and other similar related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(d)
Extraction of sand, gravel and other materials.
(e)
Temporary uses such as circuses, carnivals and similar activities.
(f)
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive and are not subject to major damage
by flooding, provided that such material and equipment is firmly anchored
to prevent flotation or movement and/or can be readily removed from
the area within the time available after flood warning. Nothing in
this subsection shall permit the storage of materials that could (in
times of flooding) be injurious to human, animal or plant life.
(g)
Other similar uses and activities, provided they cause no increase
in flood heights and/or velocities. All uses, activities and structural
developments shall be undertaken in strict compliance with the floodproofing
provisions contained in all other applicable codes and ordinances.
G.
Flood-Fringe (FF) and General Floodplain Area (FA). The development
and/or use of land shall be permitted in the Flood-Fringe and approximated
floodplain in accordance with the regulations of the underlying district,
provided that all such uses, activities and/or development shall be
undertaken in strict compliance with the floodproofing and related
provisions contained in all other applicable codes and ordinances.
A.
General.
(1)
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch or any other drainage facility or system.
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Township, a permit shall be obtained from the Pennsylvania
Department of Environmental Protection, Bureau of Dams and Waterway
Management. Further, notification of the proposal shall be given to
all affected adjacent municipalities and to the owners of all property
within 200 feet of the proposed use, activity, and/or development.
Copies of such notifications shall be forwarded to both the Federal
Emergency Management Agency and the Pennsylvania Department of Community
and Economic Development.
(2)
All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Springettsbury Township Zoning Permit Ordinance and the Springettsbury Township Subdivision and Land Development Ordinance (Chapter 289), in addition to all applicable state and federal regulations.
B.
Special requirements for FW, FE, and FA areas.
(1)
Within any Floodway Area (FW) the following provisions shall apply:
(a)
Any new construction, development, use, activity or encroachment
that would cause any increase in the one-hundred-year-flood heights
shall be prohibited.
(b)
No new construction or developments shall be allowed unless
a permit is obtained from DEP.
(c)
Under no circumstances shall any of the development referenced in Subsection I, Development which may endanger human life, be permitted in the Floodway Area (FW).
(d)
Within any Floodway Area (FW), manufactured homes shall be prohibited.
(2)
Within any FE (Special Floodplain Area), no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
(3)
Within any FE (Special Floodplain Area) or FA (General Floodplain
Area), the following provisions apply:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse.
(b)
Any new construction or development which would cause any increase
in flood heights shall be prohibited within any floodway area.
(c)
Drainage paths shall be required around structures on slopes
to guide water away from structures.
C.
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 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.
D.
Requirements for stream encroachments:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zones A1-30 and Zone AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges, the applicant shall:
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
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.
(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.
E.
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.
F.
Within any Identified Floodplain Area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
G.
Elevation and floodproofing requirements. Within any Identified Floodplain Area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria in § 325-81, then the following provisions apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(d)
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.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH 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:
(b)
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 § 325-78B and C of this article.
(c)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(d)
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.
(e)
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) or the most
recent versions of these codes adopted by the Township shall be utilized,
where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest level (including basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (including basement)
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 "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every one 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.
(c)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401 through 405, as amended) and the 2003 IRC (Sections
R323.2.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5,
1202.3.2 and 12.3.3.3) or the most recent versions of these codes
adopted by the Township.
(4)
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.
(5)
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:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will have 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.
H.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(d)
Be no steeper than one vertical to three horizontal feet unless
substantiated data justifying the steeper slopes are submitted to
and approved by Springettsbury Township.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2003 IBC (Sections
1801.1 and 1803.4) or the most recent versions of these codes adopted
by the Township shall be utilized.
(2)
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.
The provisions contained in the 2003 IBC (Appendix G401.5) shall be
utilized.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and 34 Pa.
Code (Chapters 401 through 405, as amended) and contained in the 2003
IBC (Appendix G, Sections 401.3 and 401.4), the 2003 IRC (Section
323.1.6) or the most recent versions of these codes adopted by the
Township, the ASCE 24-98 (Section 8.3), FEMA No. 348, Protecting Building
Utilities From Flood, and the International Private Sewage Disposal
Code (Chapter 3) shall be utilized.
(4)
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.
(5)
Streets. The finished elevation of all new streets shall be not more
than one foot below the regulatory flood elevation. Springettsbury
Township will require profiles and elevations of proposed new streets
to determine compliance with this requirement.
(6)
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 Subsection I, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
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.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(b)
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.
(c)
The design and construction requirements of the UCC pertaining
to this subsection as referred to in 34 Pa. Code (Chapters 401 through
405 as amended) and contained in the 2003 IBC (Sections 1605.2.2,
1605.3.1.2, 1612.4 and Appendix G 501.3), the IRC (Sections R301.1
and R323.1.1) or the most recent versions of these codes adopted by
the Township and ASCE 24-98 (Section 5.6) shall be utilized.
(9)
Floors, walls and ceilings.
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(e)
The provisions of the UCC pertaining to this subsection and
referenced in the 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6
and 1404.2), the 2003 IRC (Sections R323.1.7 and R501.3) or the most
recent versions of these codes adopted by the Township and ASCE 24-98
(Chapter 6) shall be utilized.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wood components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant variety of finish.
(d)
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405, as amended), the 2003 IBC (Section 801.1.3, 1403.7
and Appendix G) and the 2003 IRC (Sections R323.1.7) or the most recent
versions of these codes adopted by the Township shall be utilized.
(11)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet
above the one-hundred-year-flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(c)
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2003 IBC (Section 1612.4), the IRC (Section R323.1.5)
or the most recent versions of these codes adopted by the Township,
the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter
8) shall be utilized.
(12)
Equipment.
(a)
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.
(b)
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section
R323.1.5) or the most recent versions of these codes adopted by the
Township, the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24
(Chapter 8) shall be utilized.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwater into the system
and discharges from the system into floodwater. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
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 supplement
the requirements of this article.
I.
Development which may endanger human life.
(1)
The provisions of this subsection shall be applicable, in addition
to any other applicable provisions of this article or any other ordinance,
code or regulation.
(2)
In accordance with the Pennsylvania Floodplain 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 will be used for the production or storage of any
of the following materials or substances, or which will be used for
any activity requiring the maintenance of a supply (more than 550
gallons or other comparable volume or any amount of radioactive substances)
of any of the following materials or substances on the premises, shall
be subject to the provisions of this subsection in addition to all
other applicable provisions:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides for nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(3)
Within any Identified Floodplain Area any structure of the kind described in Subsection I(2) above shall be prohibited.
(4)
Any such structure or part thereof that will be built below the regulatory flood elevation shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 325-79.
(5)
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
K.
Special requirements for manufactured homes.
(1)
Within any Identified Floodplain Area, manufactured homes shall be
prohibited.
(2)
Where permitted within any floodplain area, all manufactured homes
and any improvements thereto shall be:
(a)
Placed on a permanent foundation.
(b)
Elevated so that the lowest floor of the manufactured home is
1 1/2 feet or more above the elevation of the one-hundred-year
flood.
(c)
Anchored to resist flotation, collapse or lateral movement by
providing over-the-top and frame ties to ground anchors in accordance
with American National Standards Institute (ANSI) and National Fire
Protection Association Standards (NFPA) as specified in the Standard
for the installation of Mobile Homes, including Mobile Home Park Requirements
(NFPA No. 501A-1974) (ANSI A119.3-1975) or the most current revisions
thereof, for mobile homes in hurricane zones, or other appropriate
standards such as the following:
[1]
Over-the-top ties shall be provided at each of the four corners
of the mobile home with two additional ties per side at intermediate
locations for units 50 feet or more in length and one additional tie
per side for units less than 50 feet in length.
[2]
Frame ties shall be provided at each corner of the mobile home,
with five additional ties per side at intermediate locations for units
50 feet or more in length and four additional ties per side for units
less than 50 feet in length.
[3]
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(d)
All mobile homes with any additions thereto shall also be elevated
in accordance with the following requirements:
[1]
The stands or lots shall be elevated on compacted fill or on
pillings so that the lowest floor of the mobile home will be at or
above the elevation of the regulatory flood elevation.
[2]
Adequate surface drainage shall be provided.
[3]
Adequate access for a hauler shall be provided.
[4]
Where pilings are used for elevation, the lots shall be large
enough to permit steps; piling foundations shall be placed in stable
soil no more than 10 feet apart; reinforcement shall be provided for
piling that will extend for six feet or more above ground level.
(e)
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 2003 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.
(f)
Consideration shall be given to the installation requirements
of the 2003 IBC (Appendix G, Section 501.1-3) and the 2003 IRC Sections
R323.2, R323.3, R102.7.1, and Appendix AE101, 604 and 605) or the
most recent versions of these codes adopted by the Township and 34
Pa. Code Chapters 401 through 405, 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 installation
of the unit(s).
(3)
An evacuation plan indicating an alternative vehicular access and
escape route shall be filed with the Springettsbury Township officials
for mobile home parks and mobile home subdivisions, where appropriate.
L.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405, as amended) and
not limited to the following provisions shall apply to the above and
other sections and subsections of this article, to the extent that
they are more restrictive and/or supplement the requirements of this
article:
(1)
International Building Code (IBC) 2003 or the most recent versions
of these codes adopted by the Township: Sections 801, 1202, 1403,
1603, 1605, 1212, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2003 or the most recent
versions of these codes adopted by the Township: Section R104, R105,
R109, R323, Appendix AE101, Appendix E and Appendix J.
M.
Special requirements for subdivisions and development. 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.
A.
General. In accordance with the Pennsylvania Floodplain Management
Act and regulations adopted by the Department of Community and Economic
Development, as required by the Act, the following obstructions and
activities are permitted only by special permit, if located partially
or entirely within any floodplain district:
B.
Application requirements. Applicants for special permits shall provide
five copies of the following items:
(1)
A written request, including a completed zoning permit application
form.
(2)
A small-scale map showing the vicinity in which the proposed site
is located.
(3)
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)
Topography based on the North American Vertical Datum of 1988,
showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines, including dimensions and the size
of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways
and parking areas with information concerning widths, pavement types
and construction elevations.
(e)
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.
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year-flood elevations and
information concerning the flow of water, including direction and
velocities.
(g)
The location of all proposed buildings, structures, utilities
and any other improvements.
(h)
Any other information which the Township considers necessary
for adequate review of the application.
(4)
Plan of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
(c)
Complete information concerning floor depths, pressures, velocities,
impact and uplift forces and other factors associated with the one-hundred-year
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other
accessways and parking areas showing all rights-of-way and pavement
widths.
(f)
Profile drawings for all proposed streets, drives and vehicular
accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(5)
The following data and documentation:
(a)
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.
(b)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood.
(c)
A statement, certified by a registered professional engineer,
architect or 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 one-hundred-year flood, including a statement concerning
the effects such pollution may have on human life.
(d)
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed developments will have on
one-hundred-year-flood elevations and flows.
(e)
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of kinds and amounts of any loose buoyant materials or
debris that may possibly exist or be located on the site below the
one-hundred-year-flood elevation and the effects such materials and
debris may have on one-hundred-year-flood elevations and flows.
(f)
The appropriate component of the Department of Environmental
Protection 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.
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under § 302 of Act 1978-166 or most current revision.
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
one-hundred-year flood.
C.
Application review procedures. Upon receipt of an application for
a special permit by Springettsbury Township, the following procedures
shall apply in addition to all other applicable permit procedures
which are already established:
(1)
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the York County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to Springettsbury Township Planning
Commission and the Springettsbury Township Engineer for review and
comment.
(2)
If an application is received that is incomplete, Springettsbury
Township shall notify the applicant, in writing, stating in what respects
the application is deficient.
(3)
If Springettsbury Township decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If Springettsbury Township approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered mail, within five working days after the date of approval.
(5)
Before issuing the special permit, Springettsbury Township shall
allow the Department of Community and Economic Development 30 days,
after receipt of notification by the Department, to review the application
and the decision made by Springettsbury Township.
(6)
If Springettsbury Township does not receive any communications from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify Springettsbury Township
and the applicant, in writing, of the reasons for the disapproval,
and Springettsbury Township shall not issue the special permit.
D.
Special technical requirements.
(1)
In addition to any other applicable requirements, the following provisions
shall also apply to the activities requiring a special permit. If
there is any conflict between any of the following requirements and
any otherwise applicable provision, the more restrictive provision
shall apply.
(2)
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:
(a)
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:
[1]
The structure will survive inundation by waters of the one-hundred-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the one-hundred-year-flood
elevation.
[2]
The lowest floor elevation (including basement) will be at least
1 1/2 feet above the one-hundred-year-flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the one-hundred-year
flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life, land and property.
All hydrologic and hydraulic analyses shall be undertaken only by
registered 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 Springettsbury Township and the Department of Community
and Economic Development.
(c)
Except for a possible modification of the freeboard requirement
involved, no variance shall be granted for any of the other requirements
of this section.
A structure or use of a structure or premises which lawfully
existed before the enactment of these provisions, but which is not
in conformity with these provisions may be continued subject to the
following conditions:
A.
Existing structures and/or uses located in any floodway shall not
be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements.
B.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
BFE.
C.
The modification, alteration, repair, reconstruction or improvement
of any kind to a structure and/or use regardless of its location in
the floodplain district to an extent or amount of 50% or more of its
market value shall be undertaken only in full compliance with the
provision of this and any other applicable ordinance.
D.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
E.
Within any Floodway Area/District (see § 325-76), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
F.
The requirements of 34 Pa. Code Chapters 401 through 405, as amended,
and the 2003 IRC (Sections R102.7.1, R105.3.1 and Appendixes E and
J) or the most recent versions of this code adopted by the Township
and the 2003 IBC (Sections 101.3, 3403.1 and Appendix G) the 34 Pa.
Code, as amended and the 2009 IBC and the 2009 IRC, or the most recent
versions of this code adopted by the Township shall also be utilized
in conjunction with the provisions of this section.
G.
Within any AE Area/District without Floodway (see § 325-76), 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.
A.
General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, Springettsbury Township may, upon request,
grant relief from the strict application of the requirements.
B.
Special exception and variance procedures and conditions.
(1)
In passing upon applications for special exceptions and variances,
the Zoning Hearing Board shall consider all relevant factors and procedures
specified in other sections of this chapter and:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials which may be swept onto other land
or downstream may cause to others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility
to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(j)
The safety of access to the property in time of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwater expected at the site.
(2)
Such other factors which are relevant to the purposes of this article.
(3)
No special exception or variance shall be granted in the Floodway
for any proposed use, development or activity that will cause any
increase in the BFE.
(5)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(6)
In granting any special exception or variance, Springettsbury Township
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety and welfare
and to achieve the objectives of this article.
(7)
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a special exception or
variance to any registered professional engineer or other qualified
person or agency for technical assistance in evaluating the proposed
project in relation to flood heights and velocities and the adequacy
of the plans for protection and other related matters.
(8)
Special exceptions and variance shall only be issued after the Zoning
Hearing Board has determined that the granting of such will not result
in:
(10)
A complete record of all special exception and variance requests
and related actions shall be maintained by Springettsbury Township.
In addition, a report of all variances granted during the year shall
be included in the annual report to the Federal Insurance Administration.
C.
Notwithstanding the above, however, all structures shall be designed
and constructed so as to have a capability of resisting the one-percent
annual chance flood.
