Township of Concord, PA Floodplain Conservation District

Promote the general health, welfare and safety of the community.

Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

Minimize danger to public health by protecting water supply and natural drainage.

Reduce financial burdens imposed on the community, its governmental units and its residents by preventing development in areas subject to flooding.

Comply with federal and state floodplain management requirements.

Applicability.

It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development anywhere within the Township unless a permit has been obtained from the Floodplain Administrator.

A permit shall not be required for minor repairs to existing buildings or structures, provided that no structural alterations are made to the existing building.

Abrogation and greater restrictions. This article supersedes any other conflicting provision 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.

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 the article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.

Warning. 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. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain area or that land uses permitted within such areas will be free from flooding or flood damages.

Disclaimer of liability. This article shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

§ 210-185 Administration.

The Zoning Officer is hereby appointed to administer and enforce this article and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may fulfill the duties and responsibilities set forth in these regulations; delegate duties and responsibilities set forth in these regulations as qualified technical personnel, plan examiners, inspectors, and other employees; or 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.

Permits required. Permits shall be required before any construction or development is undertaken within any area of the Township.

Issuance of permit.

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 chapter and all other applicable codes and ordinances.

Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[1] and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

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.

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

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, violations and enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.

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 this article as the Floodplain Administrator.

The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.

Application procedures and requirements.

Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location including address.

Listing of other permits required.

Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this article and all other applicable codes and ordinances;

All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

Adequate drainage is provided so as to reduce exposure to flood hazards;

Structures will be anchored to prevent flotation, collapse, or lateral movement;

Building materials are flood resistant;

Appropriate practices that minimize flood damage have been used; and

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 210-188B) as may be required by the Floodplain Administrator to make the above determination:

A completed permit application form.

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:

North arrow, scale and date.

Topographic contour lines, if available.

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.

[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 direction and velocities.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

The elevation of the base flood.

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.

[5]

Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.

The following data and documentation:

Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a floodway when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.

A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

Detailed information needed to determine compliance with § 210-187G(6), Storage, and § 210-187I, Development which may endanger human life, including:

[a]

The amount, location and purpose of any materials or substances referred to in § 210-187G and I which are intended to be used, produced, stored or otherwise maintained on site.

[b]

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 210-187I during a base flood.

[4]

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

[5]

Where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.

Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.

Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment.

Changes. 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.

Placards. In addition to the permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit and the date of its issuance and be signed by the Floodplain Administrator.

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 the Floodplain Administrator. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the article and FIRM/FIS in effect at the time the extension is granted.

Inspection and revocation.

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.

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.

In the event that the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.

Enforcement.

Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article or of any regulation adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

Be in writing;

Include a statement of the reasons for its issuance;

Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;

Be served upon the property owner or his agent as the case may require; provided, however, that such notice of order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state; and

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.

Appeals.

Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision or action of the Floodplain Administrator.

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.

Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth, including the Pennsylvania Flood Plain Management Act.[2]

Editor's Note: See 32 P.S. § 679.101 et seq.

Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Township shall be guilty of a misdemeanor or violation and upon conviction shall pay a fine to the Township of not less than $25 nor more than $600 plus costs of prosecution. 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. 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 the article may be declared by the Supervisors to be a public nuisance and abatable as such.

§ 210-186 Identification of floodplain areas.

Identification. The identified floodplain area shall be those areas of the Township of Concord which are classified as special flood hazard areas (SFHA) in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) dated November 18, 2009, and September 2, 2015, or the most recent revision thereof issued by the Federal Emergency Management Agency (FEMA), including all digital data developed as part of the Flood Insurance Study, or the Floodplain Conservation District Map for Concord Township, dated October 1971, as revised December 1977, whichever is more restrictive. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Concord Township and declared to be a part of this article.

Description and special requirements of floodplain areas. The identified floodplain area shall consist of the following specific areas:

The Floodway Area shall be those areas identified in the FIS and the FIRM as Floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. The 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.

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.

Within any floodway area, no new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.

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.

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.

The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA 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 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. 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, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

The Floodplain Conservation District Map for Concord Township, dated October 1971, as revised December 1977 identifies local flood hazard or ponding areas using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.

Changes in identification of area. The identified floodplain area may be revised or modified by the Board, where studies or information provided by a qualified agency or person documents the need for such revision. 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 § 210-187 for situations where FEMA notification is required.

Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township, and any party aggrieved by this decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.

Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.

§ 210-187 Technical provisions.

General.

No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection Regional Office. 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. In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

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.

When a community proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; alteration or relocation of a stream (including but not limited to installing culverts and bridges); the applicant shall (as per 44 CFR Part 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

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.

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.

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, unless a permit is obtained from the Department of Environmental Protection Regional Office.

The following provisions shall apply within any floodplain area, as defined in § 210-186A.

Uses by right:

Cultivation and harvesting crops according to recognized soil conservation practices, which shall in no case cause alluvial deposits to build up in the watercourses or cause undue erosion of the floodplain.

Pasture, grazing land.

Outdoor plant nursery, orchard.

Tree farms or reforestation.

Game farm, fish hatchery (excluding structures).

Wildlife sanctuary, woodland preserves, arboretum.

Sealed public water supply wells.

(h)

Underground utility transmission lines, excluding substations or similar structures.

(i)

Front, side or rear yards for any district; provided, however, that no land in the Floodplain Conservation District shall qualify in computing the minimum lot area for the district as specified under the Township Zoning Ordinance, except in the case of residential lots of one acre or larger, where there must be a minimum of 0.7 acre in contiguous land outside of the floodplain, and all other requirements of the Township Zoning Ordinance and regulations are met.

(j)

Parking lots with a surface permeable to stormwater here required by the regulations for the district applicable to the lot, without consideration of this section.

(k)

Sanitary sewers and sewage pumping stations and treatment plans of floodproofed design subject to the approval of the Pennsylvania Department of Environmental Protection and the Township Board of Supervisors.

Uses by special exception:

Dams, culverts and bridges approved by the Commonwealth of Pennsylvania, Department of Environmental Protection.

Grading or regrading of lands, and the construction of retaining walls.

Recreation use, including park, day camp, picnic grove, golf course, fishing and boating club.

Private roads and driveways.

Storm sewers.

The cutting, killing and destruction of trees over three inches in diameter.

Other uses similar to the above, provided that the effect is not to alter the cross-sectional profile of the stream basin at the point of the proposed construction or use.

Prohibited uses. The following uses shall not be permitted:

All structures, buildings, and retaining walls, except as provided in § 210-187B(2).

All on-site waste disposal systems.

All storage of materials that can float or that are explosive or that are toxic to humans, animals or vegetation.

The relocation or alteration of any watercourse without approval by both the Board of Supervisors and the Pennsylvania Department of Environmental Protection; without documentation, to be provided by the person(s) proposing the alteration, that all adjacent municipalities have received prior notice of the proposed alteration, and that copies of such notification have been sent to the Pennsylvania Department of Community and Economic Development and the Federal Emergency Management Agency.

When allowed by variance or special exception, the following elevation and floodproofing requirements shall apply.

Residential structures. Within any identified floodplain area, the lowest floor (including basement) of any new construction or any substantial improvement to an existing residential structure shall be elevated up to, or above, the regulatory flood elevation. In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this article. 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.

Nonresidential structures.

Within any identified floodplain area, the lowest floor (including basement) of any new construction or any substantial improvement of a nonresidential structure shall be elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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 this article.

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.

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.

Space below the lowest floor.

Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article must comply with all article requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific article requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from article requirements will be the minimum necessary to preserve the historic character and design of the structure.

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:

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.

Floor area shall not exceed 200 square feet.

The structure will have a low damage potential.

The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

Power lines, wiring, and outlets will be at least above the regulatory flood elevation.

Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.

Sanitary facilities are prohibited.

(8)

The structure shall be adequately anchored to prevent flotation, collapse and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

Fill. If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points.

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

Be no steeper than one foot vertical to two feet horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.

Be used to the extent to which it does not adversely affect adjacent properties.

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.

Water and sanitary sewer facilities and systems.

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.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

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.

The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From Flood Damages," and "The International Private Sewage Disposal Code" shall be utilized.

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.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

Storage. All materials that are buoyant, flammable, explosive or, in times of flooding could be injurious to human, animal or plant life and are not listed in § 210-187I, Development which may endanger human life, shall be restored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.

(8)

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent floatation, collapse or lateral movement.

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.

(9)

Floors, walls and ceilings.

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.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

(10)

Paints and adhesives.

Paints or other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

(11)

Electrical components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

(12)

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.

(13)

Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

Uniform Construction Code coordination.

The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions, shall apply for all construction within the Floodplain Conservation District to the extent that they are more restrictive and/or supplement the requirements of this article.

International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R322, Appendix E and Appendix J.

Development which may endanger human life.

In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or will be used for any activity requiring the maintenance of a supply of more than 550 gallons or other comparable volume of any of the following dangerous materials or substances on the premises or will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(l)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(q)

Pesticides (including insecticides, fungicides and rodenticides).

(r)

Radioactive substances, insofar as such substances are not otherwise regulated.

Editor's Note: See 32 P.S. § 679.101 et seq.

Within any Floodway Area, any structure of the kind described in Subsection I(1) above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 210-187C(1), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 210-187A, C and G.

Where permitted within any floodplain area, any new or substantially improved nonresidential structure of the kind described in § 210-187C(2) above shall be built in accordance with § 210-187A, C and G including:

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the base flood elevation; and

Designed to prevent pollution from the structure or activity during the course of a base flood. 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.

Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

Special requirements for manufactured homes.

Within any Floodway Area, manufactured homes shall be prohibited.

Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:

Placed on a permanent foundation.

Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the base flood elevation.

Anchored to resist flotation, collapse or lateral movement.

Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, and 34 Pa. Code, Chapters 401 to 405 shall apply.

Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa. Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.

Special requirements for recreational vehicles. Within any identified floodplain area recreational vehicles shall be prohibited.

§ 210-188 Activities requiring special permits.

General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Township.

The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities:

Hospitals.

Nursing homes.

Jails or prisons.

The commencement of or any construction of a new manufactured home, park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

Editor's Note: See 32 P.S. § 679.101 et seq.

Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:

A written request, including a completed permit application form.

A small-scale map showing the vicinity in which the proposed site is located.

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:

North arrow, scale and date.

Topography based upon the North American Vertical Datum of 1988, showing existing and proposed contours at intervals of two feet.

All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.

The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction, and elevations.

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.

The location of the floodplain boundary line, information and spot elevations concerning the base flood elevations and information concerning the flow of water, including direction and velocities.

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.

Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.

For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.

Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

Detailed information concerning any proposed floodproofing measures.

Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.

Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

The following data and documentation:

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.

Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood.

A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life.

A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on flood elevations and flows.

A statement, certified by a registered professional engineer, architect or a landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevations and flows.

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

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 Section 302 of Act 1978-166.[2]

Editor's Note: See 32 P.S. § 679.302.

(i)

An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.

Application review procedures. Upon receipt of an application for special permit by the Township, the following procedures shall apply, in addition to those of Subsection B above:

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township, Planning Commission and Township Engineer for review and comment.

If an application is received that is incomplete, the Township shall notify the applicant, in writing, stating in what respect the application is deficient.

If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

If the 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 or certified mail, within five working days after the date of approval.

Before issuing the special permit, the Township shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.

If the Township does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.

If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.

Special technical requirements.

In addition to the requirements of § 210-187 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 210-187 of this article or in any other code, ordinance or regulation, the more restrictive provision shall apply.

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:

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:

The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the base flood elevation.

The lowest floor elevation will be at least 1 1/2 feet above the base flood elevation.

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.

Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.

All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Department of Community and Economic Development.

§ 210-189 Existing structures in identified floodplain areas.

Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B shall apply.

Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood.

Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.

Any modifications, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.

Within any floodway area, no new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.

Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this article.

§ 210-190 Variances.

General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.

Variance procedures and conditions.

Requests for variances shall be considered by the Township in accordance with the procedures contained in § 210-185M and the following:

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation.

Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§ 210-188) or to development which may endanger human life (§ 210-187I).

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the 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.

Whenever a variance is granted, the Township shall notify the applicant, in writing, that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

In reviewing any request for a variance, the Township shall consider, at a minimum, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the application.

That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.

A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.