[HISTORY: Adopted by the Board of Supervisors
of the Township of West Hanover 3-3-1986 as part of Ord. No. 1986-2; amended in its entirety 8-1-2012 by Ord. No.
2012-19. Subsequent amendments noted where applicable.]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote the public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of West Hanover Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The intent of this chapter is to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability.
(1)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within West Hanover Township unless a permit has been obtained
from the Floodplain Administrator.
(2)
A permit shall not be required for minor repairs to existing buildings
or structures.
C.
Abrogation and greater restrictions. This chapter 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 chapter, the more restrictive provision shall apply.
D.
Identification.
(1)
The identified floodplain area shall be any areas of West Hanover
Township classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated August 2, 2012, and issued by the Federal Emergency
Management Agency (FEMA) or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study.
(2)
The above-referenced FIS and FIRMs and any subsequent revisions and
amendments are hereby adopted by West Hanover Township and declared
to be part of the chapter.
(3)
Also see § 195-71A through D for additional classifications.
A.
General. Unless specifically defined below, words and phrases used
in this chapter shall be interpreted so as to give this chapter its
most reasonable application.
B.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY SPACE
CONSTRUCTION
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING USE
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN
FLOODPLAIN ADMINISTRATOR
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN DISTRICT
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
OBSTRUCTION
ONE-PERCENT-ANNUAL-CHANCE FLOOD EVENT (BFE)
RECREATIONAL VEHICLE (for floodplain management ordinance only)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A flood which has a one-percent chance of being equaled or
exceeded in any given year (formerly called the "one-hundred-year
flood").
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.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property, including covered porches or bay windows and chimneys.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapors.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
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, excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
The use of a lot or structure at the time of the enactment
of this chapter.
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration (FIA) has delineated
both the areas of special flood hazards and the risk premium zones
applicable to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register; or
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; or
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
by either an approved state program as determined by the Secretary
of the Interior or directly by the Secretary in states without approved
programs.
The floodplain area specifically identified in this chapter
as being inundated by the base or one-percent-annual-chance flood
event (BFE). Included would be districts identified as Floodway (FW),
Flood-Fringe (FF) and General Floodplain (FA).
The lowest enclosed area (including basement) of a structure.
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or incidental storage, in an
area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, recreational vehicles, and
other similar vehicles on a site for greater than 180 consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, recreational vehicles, and
other similar vehicles.
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
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 of or relocation of any standpipe,
water supply, sewer drainage, drain leader, gas, soil, waste, vent
of 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 March 17, 1980, and includes subsequent improvements thereto.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water
or in places where the flow of the water might carry the same downstream
to the damage of life and property.
A flood that on average is likely to occur 1% of the time
within a given year. Otherwise known as a "base flood." This used
to be referred to as a "one-hundred-year flood."
A vehicle which is built on a single chassis, is not greater
than 400 square feet at full expansion, is either self-propelled or
towable by a light-duty truck, is not designed for use as a permanent
dwelling, but is designed for recreational, camping, travel, or seasonal
use.
The one-percent-annual-chance flood elevation plus a freeboard
safety factor of 1 1/2 feet.
An area in the floodplain subject to a one-percent or greater
chance of flooding within 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 when such development
is totally or partially located in a designated portion of a floodplain.
The date a building permit is issued for any new or modification
to a structure, provided that the actual start of construction, repair,
reconstruction, placement or other improvement was within 180 days
of the permit date. "Actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a 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. For the purposes of this chapter,
construction does not include land preparation, such as clearing,
grading and filling; the installation of streets and/or walkways;
excavation for a basement, footings, piers or foundation or the erection
of temporary forms; 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,
"actual start of construction" means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division, combination, 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 a court for distribution to heirs or devisees, transfer of ownership
or building or lot development. The leasing of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
streets or easement of access, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not
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.
This term also does not include any alteration of an historic structure,
provided that the alteration will not preclude the structure's
continued designation as an historic structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, as amended, 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
and as amended, as the construction standard applicable with the state
floodplain construction.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A.
The Codes Administrator is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator may 1) fulfill the duties and responsibilities
set forth in these regulations, 2) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees, or 3) enter into a written
agreement or written contract with another agency or private-sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
B.
Prior to the issuance of any building permit, the Floodplain Administrator
shall review the application for permit to determine if all other
necessary governmental permits required by state and federal laws
have been obtained, such as those required by the Pennsylvania Sewage
Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1334; and the Pennsylvania Clean Streams Act (Act 1937-394,
as amended).[3] No permit shall be issued until this determination has
been made.
C.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable laws and ordinances.
That person shall make as many inspections during and upon completion
of the work as are necessary.
D.
In addition to the permit during the construction period, a placard
or building permit card shall be displayed on the premises. This card
shall show the number of the permit and the date of issuance and be
signed by the Floodplain Administrator.
E.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
F.
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
G.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
H.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 International Building Code and 2009 International
Residential Code or latest revisions thereof. A permit shall be required
before any construction or development is undertaken within any area
of West Hanover Township.
I.
Applications for permits shall be accompanied by a fee, payable to
West Hanover Township, based upon an estimated cost of the proposed
construction as determined by the Floodplain Administrator and as
incorporated into the Township's Fee Resolution Schedule.
J.
After the issuance of a permit by the Floodplain Administrator, no
changes of any kind shall be made to the application, permit or any
of the plans, specifications or other documents submitted with the
application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
A.
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 the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterway Management.
B.
No encroachment, alterations 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.
C.
In addition, the Federal Insurance Administration and the Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified by the municipality prior to any alteration
or relocation of any watercourse.
In addition to the information and documentation ordinarily
required for building permits and before the start of construction,
applicants shall also include the following specific information along
with any application for construction or development within any floodplain
district:
A.
If any proposed construction or development is located entirely or
partially within any identified floodplain areas, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this chapter and all other
applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical, water
systems, heating, ventilation, plumbing and air-conditioning equipment
and other service facilities, shall be designed, constructed and/or
located so as to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4)
Structures shall be anchored to prevent flotation, collapse, or lateral
movement.
(5)
Building materials shall be flood-resistant.
(6)
Appropriate measures that minimize flood damage shall be used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities shall be designed and/or located to prevent
water entry or accumulation.
B.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed building permit application form, containing, but not
limited to, the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
Site location, including address.
(e)
A listing of other permits required.
(f)
A brief description of the proposed work and estimated cost,
including a breakout of flood-related cost and market value of the
building before the flood damage occurred where appropriate.
(g)
A site plan showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines, including dimensions and the size
expressed in acres or square feet.
(d)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development.
(e)
The location of all existing streets, drives and other accessways.
(f)
The location of any existing bodies of water or watercourses,
identified floodplain areas and, if available, information pertaining
to the floodway, and the flow of water, including 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 elevation of any proposed building based
upon North American Vertical Datum of 1988.
(2)
The elevation of the base flood.
(3)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(4)
Detailed information concerning any proposed floodproofing measures.
D.
The following data and documentation:
(1)
When any part of a proposed structure or a substantial improvement
to an existing structure is to be built below the elevation of the
base flood, the applicant must submit a document, certified by a registered
professional engineer or architect, which states that the proposed
construction has been adequately designed to withstand the base flood
depths, pressures, velocities, impact and uplift forces associated
with the base flood elevation.
(a)
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.
(b)
Certification by a registered professional engineer or architect
to show that the cumulative effect of any proposed development within
a Special Floodplain Area, when combined with all other existing and
anticipated development, will not increase the base flood elevation.
[See also § 195-72B(1)(a).]
(2)
(3)
The appropriate component of the Department of Environmental Protection's
Planning Module for Land Development.
(4)
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.
E.
An applicant for special permits shall provide five
copies of the following items:
(1)
A written request including a completed building 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 upon the National Geodetic
Vertical Datum of 1929, 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, and 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 municipality
considers necessary for adequate review of the application.
F.
Plan of all proposed buildings, structures and other
improvements, clearly and legibly drawn at suitable scale, showing
the following:
(1)
Sufficiently detailed architectural or engineering
drawings, including floor plans, sections and exterior building elevations,
as appropriate.
(2)
For any proposed building, the elevation of the lowest
floor (including basement) and, as required, the elevation of any
other floor.
(3)
Complete information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with the one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing
measures.
(5)
Cross-section drawings for all proposed streets, drives,
other accessways and parking areas, showing all rights-of-way and
pavement widths.
(6)
Profile drawings for all proposed streets, drives
and vehicular accessways, existing and proposed grades.
(7)
Plans and profiles of all proposed sanitary and storm
sewer systems, water supply systems and any other utilities and facilities.
G.
The following data and documentation:
(1)
Certification from the applicant that the site upon
which the activity or development is proposed is an existing separate
and single parcel, owned by the applicant or the client he represents.
(2)
Certification from a registered professional engineer,
architect or landscape architect that the proposed construction has
been adequately designed to protect against damage from the one-hundred-year
flood.
(3)
A statement, certified by a registered professional
engineer, architect, landscape architect or other qualified person,
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a one-hundred-year flood, including a statement
concerning the effects such pollution may have on human life.
(4)
A statement certified by a registered professional
engineer, architect or landscape architect which contains a complete
and accurate description of the effects proposed development will
have on one-hundred-year-flood elevations and flows.
(5)
A statement certified by a registered professional
engineer, architect or landscape architect which contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the one-hundred-year-flood elevation and the effect such materials
and debris may have on one-hundred-year-flood elevations and flows.
(6)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(7)
Where any excavation or grading is proposed, a plan
meeting the requirements of the Department of Environmental Protection
to implement and maintain erosion and sedimentation control.
(8)
Any other applicable permits, such as but not limited
to a permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166.
(9)
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.
H.
Time extensions. Time extensions shall be granted only if a written
request is submitted by the applicant which sets forth sufficient
and reasonable cause for the Floodplain Administrator to approve such
a request.
A copy of all applications and plans for any proposed construction
or development in any floodplain district to be considered for approval
shall be submitted by the Floodplain Administrator to the County Conservation
District, or any other agencies and/or individuals, for review and
comment prior to the issuance of a permit. The recommendations of
the Conservation District shall be considered by the Floodplain Administrator
for possible incorporation into the proposed plan.
A.
Within the A, AO, AE, A1-30, and AH Zones, the lowest floor (including
basement) of any new construction of, or substantial improvement to,
residential structures shall be at least 1 1/2 feet above the
base flood elevation.
B.
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.
A.
Within the A, AO, AE, A1-30, and AH Zones, the lowest floor (including
basement) of any new construction of, or substantial improvement to,
nonresidential structures shall be at least 1 1/2 feet above
the base flood elevation or be designed and constructed so that the
space enclosed by such structure shall remain either completely or
essentially dry during any flood up to that height, and has structural
components with the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
B.
Any non-residential 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.
C.
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.
The following minimum standards shall apply for all construction
and development proposed to be undertaken within any identified floodplain
area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line for all
points.
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated
data justifying steeper slopes are submitted to and approved by the
Floodplain Administrator.
(5)
Be used to the extent to which it does not adversely affect adjacent
properties.
B.
Drainage. Storm drainage facilities shall be designed to convey the
flow of stormwater runoff in a safe and efficient manner. The system
shall ensure proper drainage along streets and provide positive drainage
away from buildings. The system shall also be designed to prevent
the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water and sanitary sewer facilities and systems
shall be located, designed and constructed to minimize or eliminate
flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within any
identified floodplain area except in strict compliance with all state
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it or contamination
from it during a flood.
(4)
The design and construction provisions of the UCC and FEMA No. 348,
Protecting Building Utilities From Flood Damages, and the International
Private Sewage Disposal Code shall be used.
D.
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life, and not listed in § 108-12, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have the
minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
(5)
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
(6)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or must meet or exceed
the following minimum criteria. A minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided; the bottom
of all openings shall be no higher than one foot above grade; and
openings may be equipped with screens, louvers or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters. The term "fully enclosed space" also includes crawl
spaces.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of a marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant quality.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil systems shall be designed to
prevent the infiltration of floodwaters into the system and discharges
from the system into the floodwaters. Additional provisions shall
be made for the drainage of these systems in the event that floodwater
infiltration occurs.
N.
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405), as amended, and not limited to the following provisions,
shall apply to the above and other sections and subsections of this
chapter, to the extent that they are more restrictive and/or supplement
the requirements of this chapter:
(1)
International Building Code (IBC) 2009 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009, or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E, and Appendix J.
O.
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance of the permit and shall
be completed within 12 months after the date of issuance of the permit,
or the permit shall expire unless a time extension is requested in
writing by the developer showing cause and is granted by the Floodplain
Administrator. 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.
In addition to the provisions of §§ 108-7 through 108-10, technical provisions, and all other applicable provisions of this chapter, the following special provisions in §§ 108-12 through 108-15 shall apply to certain kinds of proposed construction and development occurring in any of the floodplain districts identified in Chapter 195, Zoning, as amended.
A.
List of dangerous materials; prohibited structures.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; or will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following is a list of materials
and substances that are considered dangerous to human life:
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Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
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Nitric acid and oxides of nitrogen
| |
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Petroleum products (gasoline, fuel oil, etc.)
| |
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Phosphorus
| |
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Potassium
| |
|
Sodium
| |
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Sulphur and sulphur products
| |
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Pesticides (including insecticides, fungicides, and rodenticides)
| |
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Radioactive substances, insofar as such substances are not otherwise
regulated.
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[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 108-12A above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation.
C.
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 108-12A above shall be:
(1)
Elevated or designed and constructed to remain completely dry up
to at least 1 1/2 feet above base flood elevation; and
(2)
Designed to prevent pollution from the structure or activity during
the course of a base flood.
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Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (U.S. Army Corps of
Engineers, June 1972, as amended March 1992), or with some other equivalent
watertight standard.
|
A.
Within any Floodway Area (FW), manufactured homes shall be prohibited.
B.
Within any Approximate Floodplain or Special Floodplain Area, manufactured
homes shall be prohibited within the area measured 50 feet from the
edge of the Approximate or Special Floodplain Area.
C.
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
D.
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
"Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code Chapters 401 through 405
shall apply.
E.
Consideration shall be given to the installation requirements of
the 2009 International Building Code and the 2009 International Residential
Code or the most recent revisions thereto and 34 Pa. Code, as amended
where appropriate and/or applicable to units where the manufacturer's
standards for anchoring cannot be provided or were not established
for the proposed unit's (units') installation.
Structures existing in any floodplain district prior to the
enactment of this chapter, but which are not in compliance with these
provisions, any continue to remain, subject to the following:
A.
Existing structures located in any Floodway District shall not be
expanded or enlarged, unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying streams
improvements.
B.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
C.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount less than 50%
of its market value, shall be elevated and/or floodproofed to the
greatest extent possible.
A.
General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship for the prospective builder,
developer, or landowner, the Township may, upon request, grant relief
from the strict application of the requirements.
B.
Variance procedures and requirements. Requests for variances shall
be considered by the Township in accordance with § 195-199
and the following:
(1)
No variance shall be granted for any construction, development, use
or activity within any Floodway Area that would cause any increase
in the one-hundred-year flood elevation.
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Township shall attach reasonable conditions
and safeguards it considers necessary in order to protect the public
health, safety and welfare and to achieve the objectives of this chapter.
(6)
In reviewing any request for a variance, the Township shall consider
but not be limited to the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance would not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with any other applicable
local or state ordinance and regulations.
(7)
A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report shall be included
in the annual report to the Federal Insurance Administration.
C.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
A.
Notice. Whenever the Floodplain Administrator determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any regulation adopted pursuant
thereto, the Floodplain Administrator shall give notice of such alleged
violation as hereinafter provided. Such notices shall:
(1)
Be in writing.
(2)
Include the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the chapter.
(3)
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires.
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any method authorized or required
by the laws of this commonwealth.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
(6)
Include the name of the owner of record and any other person against
whom the municipality intends to take action.
(7)
Include the location of the violation.
(8)
Include the date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(10)
Include that the failure to comply with the notice within the
time specified, unless extended by an appeal to the Municipal Board
of Supervisors, constitutes a violation with sanctions clearly defined.
B.
Penalties.
(1)
Any person who fails to comply with any or all of the requirements
or provisions of this chapter or who fails or refuses to comply with
any notice, order or direction of the Floodplain Administrator shall
be guilty of a misdemeanor and upon conviction shall pay a fine to
West Hanover Township of not more than $500 plus costs of prosecution.
(2)
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of the chapter. The imposition of a fine or penalty for any violation
of, or noncompliance with, this chapter shall not excuse the violation
or noncompliance, or permit it to continue, and all such persons shall
be required to correct or remedy such violation and noncompliance
within a reasonable time. Any development initiated or any structure
or building constructed, reconstructed, enlarged, altered, or relocated
in noncompliance with this chapter may be declared by the Board of
Supervisors to be a public nuisance and abatable as such.
C.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the West Hanover Township Board of Supervisors.
Such appeal must be filed in writing, within 30 days after the decision,
determination or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal, the West Hanover Township Board of Supervisors
shall set a time and place, within no less than 10 and not 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.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of West Hanover
Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
