[Added 5-20-1974 by Ord. No. 4-40; amended 4-5-1997 by Ord. No.
4-51; 12-29-1977 by Ord. No. 4-53; 9-16-1985 by Ord. No. 4-85; 12-2-1985 by Ord. No. 4-86; 7-21-1986 by Ord. No. 4-91; 6-17-1991 by Ord. No. 4-121; 11-4-1991 by Ord. No. 4-126; 2-20-2007 by Ord. No. 4-221; 6-7-2011 by Ord. No. 4-232; 10-18-2011 by Ord. No. 4-233; 2-16-2016 by Ord. No. 4-242]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Legislative intent; objectives. In addition to the goals and objectives stated in the declaration of legislative purposes found in Article I, § 160-2, and the statement of community development objective found in Article III, § 160-8, the specific intent of this article with respect to the FP Floodplain Conservation District shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Whitpain Township. In advancing these principles and the general purposes of this chapter and the Comprehensive Plan, the following shall be the specific objectives of the FP Floodplain Conservation District:
(1)
To combine with the present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazards.
(3)
To minimize danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying flood hazard areas and by promoting safe and sanitary
drainage.
(4)
To permit only those uses which can be appropriately located
in the floodplain, as herein defined, and which will not impede the
flow or storage of floodwaters or otherwise cause danger to life and
property at, above or below their locations along the floodplain.
(5)
To protect those individuals who might choose, despite the flood
dangers, to develop or occupy land on a floodplain.
(6)
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in the flow of floodwaters.
(7)
To protect the entire Township from individual uses of land
which may have an effect upon subsequent expenditures for public works
and disaster relief and adversely affect the economic well-being of
the Township.
(8)
To maintain undisturbed the ecological balance between those
natural systems elements, including wildlife, vegetation and marine
life, dependent upon watercourses and water areas.
(9)
To protect other municipalities within the same watershed from
the impact of improper development and the consequent increased potential
for flooding.
(10)
To provide areas for the deposition of floodborne sediment.
(11)
To require that uses vulnerable to floods be constructed so
as to be protected from flood damage.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in the Floodplain
Conservation District. However, any other provisions in the Code shall
remain in full force and effect to the extent that such provisions
are more restrictive than the provisions contained in this article.
If there is any conflict between any of the provisions of this article,
the more restrictive shall apply.
As used in this article only, 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 (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zone AE that indicates the water surface elevation resulting from
a flood that has a one percent or greater chance of being equaled
or exceeded in any given year. The BFE is also shown on the FIS profile,
and can be determined for Zone A floodplains.
Any area of the building having its floor below ground level
on all sides.
A structure for which the start of construction commenced
before the effective date of the FIRM.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration 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.
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.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Soil that, in its undrained condition, is saturated, flooded,
or ponded long enough during a growing season to develop an anaerobic
condition that supports the growth and regeneration of hydrophytic
vegetation.
[Added 12-6-2016 by Ord.
No. 4-243]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after May 20, 1974, Ordinance 4-40, and includes any subsequent
improvements thereto.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent frequency
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for Whitpain Township.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO or AE.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however, include
any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
The 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 Floodplain Conservation District is defined and established as
a district applicable to those areas of the Township classified as
special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS)
and the accompanying Flood Insurance Rate Maps (FIRMs) dated March
2, 2016, and issued by the Federal Emergency Management Agency (FEMA),
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study. The Floodplain Conservation
District shall also include any community-identified flood hazard
areas, as defined below. The above referenced FIS and FIRMs, and any
subsequent revisions and amendments are hereby adopted by the Township
and declared to be a part of this article.
B.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as
Floodway on the FIRM as well as those floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway represents the channel of a watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point.
(2)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS, but
no floodway has been delineated.
(3)
Community-identified flood hazard areas shall be those areas
where the Township has identified local flood hazard or ponding areas,
as delineated and adopted on a Whitpain Township Floodplain Conservation
District Map using best available topographic data and locally derived
information such as flood of record, historic, high-water marks, soils
or approximate study methodologies and floodplains defined by hydric
soil type according to the United States Department of Agriculture,
Natural Resource Conservation Service digital data dated February
26, 2009, or the most recent revision thereof.
[Amended 12-6-2016 by Ord. No. 4-243]
(4)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent annual chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the Floodplain Conservation District 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, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(5)
The Shallow Flooding Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent annual chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
A.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
B.
Should the Floodplain Conservation District be declared inapplicable
by legislative or administrative actions or judicial discretion, the
zoning applicable to such lot shall be deemed to be the district in
which it is located without consideration of this article.
C.
Should the zoning of any parcel or any part thereof in which the
Floodplain Conservation District is located be changed through any
legislative or administrative actions or judicial discretion, such
change shall have no effect on the Floodplain Conservation District
unless such change was included as part of the original application.
A.
Should dispute concerning the Floodplain Conservation District boundaries
arise, an initial determination shall be made by the Zoning Officer.
B.
Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District as defined above, which may include the grounds that the map referred to therein is or has become incorrect because of changes due to natural or other causes, or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XXX, § 160-234, of this chapter and §§ 160-177, 160-178 and 160-179 herein. The burden of proof in such an appeal shall be on the applicant.
C.
A landowner may, upon signing an agreement with the Board of Supervisors, submit detailed hydrologic and hydraulic calculations to this Township's consultant for purposes of determining a floodplain boundary. Any hydrologic and hydraulic studies submitted with an appeal shall be submitted to FEMA by the Township within six months from receipt of such information. If the Township's consultant and the landowner's consultant agree that the information supplied by the landowner indicates an accurate floodplain boundary, then the Township shall accept this as the correct boundary. However, prior to any such change, approval must be obtained from FEMA. The landowner shall be responsible for all costs in connection with obtaining such an approval and any map revision. In the event that the Township's consultant should not accept the information as being an accurate representation of the floodplain boundary, the landowner shall have the right to appeal to the Zoning Hearing Board as noted in Subsection B above.
D.
Hydric soil boundary short procedure. A landowner may, upon signing an agreement with the Board of Supervisors, submit detailed soil profiles and a report to the Township's consultant for the purposes of determining a hydric soil classification. If the Township's consultant and the landowner's consultant agree that the site-specific information supplied by the landowner indicates an accurate classification of the soils, then the Township shall accept this as the correct boundary. However, prior to any such change, the landowner shall be responsible for any map revisions and the costs thereof. In the event that the Township's consultant should not accept the information as being an accurate representation of a hydric soil classification, the landowner shall have the right to appeal to the Zoning Hearing Board as noted in Subsection B above.
[Amended 9-17-2018 by Ord. No. 4-251]
The following uses and no others are permitted by right in the
Floodplain Conservation District in compliance with the requirements
of this article; provided that all other Township, state and federal
permits and approvals are obtained:
A.
Front, side and rear yards and required lot area in any district,
provided that such yards are not to be used for on-site sewage disposal
systems.
C.
Forestry operations reviewed by the Montgomery County Conservation
District.
D.
Agricultural crossings by farm vehicles and livestock and floodplain
crossings by recreational trails, railroads and utilities shall be
permitted; provided:
(1)
Disturbance to any existing woodlands and degradation of water
quality are minimized to the greatest extent practicable; and
(2)
It has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in an increase in the base
flood by more than one-foot.
E.
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual.
F.
Public sewer and/or water lines and public utility transmission lines
running along the corridor, provided that new or replacement water
lines and sewer systems are designed to minimize or eliminate infiltration.
G.
Normal accessory uses (except enclosed structures and swimming pools)
permitted under the underlying zoning district.
H.
Fences. Fences running parallel to the direction of the water flow
within a Floodplain Conservation District shall be permitted. Fences
placed perpendicular to or across the water flow within a floodplain
shall be open post and two or three rails and may have PVC-coated
welded wire mesh fencing having rectangular openings no less than
two inches by four inches in rectangular shape, which may be stapled
or attached to the side of the post and rail fence. Plans and accompanying
elevation drawings showing the fence perpendicular to or across the
direction of water flow within the Floodplain Conservation District
must be approved by the Zoning Officer prior to the erection or installation
of the fence.
Any use or activity not authorized by § 160-171 herein, shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
A.
No new construction, alteration, or improvement of buildings and any other type of permanent structure shall be permitted in the Floodplain Conservation District, except in accordance with § 160-171 above.
B.
Placement of fill within the Floodplain Conservation District is
prohibited.
C.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse, except stream bank stabilization in accordance with § 160-171 above, provided that all necessary permits are obtained from any governmental agency having jurisdiction over such improvement.
D.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
E.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
G.
Subsurface sewage disposal areas.
H.
Sod farming.
I.
Act 166 regulated activities.
(1)
Identification. In accordance with the Pennsylvania Flood Plain
Management Act, Act 166 of 1978,[1] as amended, and the regulations adopted by the Department
of Community and Economic Development as required by the Act, the
following activities have been identified as being dangerous to human
life or posing a special hazard in floodplain areas:
(a)
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 which will be used for any activity requiring the
maintenance of a supply (more than 550 gallons or other comparable
volume or any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides, including insecticides, fungicides, and rodenticides
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulfur and sulfur products
|
(c)
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Restrictions in the event of variance.
(a)
Where permitted by variance within the floodplain area, any new or substantially improved structure of the kind described in Subsection I(1)(a) above shall be:
[1]
Elevated to remain completely dry up to at least 1 1/2 feet above the BFE and built in accordance with § 160-179.1B;
[2]
Prohibited within the area measured 50 feet landward from the
top-of-bank of any watercourse;
[3]
Designed to prevent pollution from the structure or activity
during the course of a base flood; and
[4]
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (United States Army
Corps of Engineers, June 1972, as amended March 1992), or with some
other equivalent watertight standard.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in § 160-171 herein shall become a nonconforming use or structure regardless of its conformance to the district in which it is located without consideration of this article.
A.
The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located without consideration of this article shall be governed by the requirements of Article XXIX. However, the Zoning Hearing Board shall ensure that the standards contained in § 160-177 herein are applied to the expansion or continuance of said nonconforming use or structure.
B.
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming due to the adoption of this article shall be governed by the standards contained in § 160-177 herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
The following provisions shall apply whenever any improvement
is made to an existing structure located within the Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within the Floodplain Conservation District that would cause any increase
in the elevation of the base flood.
B.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
C.
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.
D.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the current version of the IBC and IRC.
[Amended 10-18-2022 by Ord. No. 4-260]
E.
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.
The following uses may be permitted in the Floodplain Conservation
District by a special exception from the Zoning Hearing Board and
upon the condition that no use permitted as a special exception shall
increase the elevation of the base flood by more than one foot at
any point:
A.
Recreational use, whether open to the public or restricted to private
membership, such as parks, camps, picnic areas, golf courses, fishing
areas, sport or boating clubs, not to include enclosed structures,
excepting toilet facilities, but permitting piers, docks, floats or
unenclosed shelters usually found in developed outdoor recreational
areas. Any toilet facilities provided shall be connected to public
water and sewerage systems.
B.
Sealed public water supply wells with the approval of the Township
Engineer and the Pennsylvania Department of Environmental Protection.
C.
Dams, culverts, end walls, head walls, and bridges with the approval
of appropriate authorities with jurisdiction, such as the Commonwealth
of Pennsylvania, Department of Environmental Protection.
D.
Impoundment basins with the approval of the Township Engineer and
the Pennsylvania Department of Environmental Protection.
E.
Roads, driveways serving residential dwelling units, and parking
facilities.
(1)
In the case of roads and driveways, no such facilities shall
be permitted as a special exception if viable alternative alignments
are feasible. In any case, pervious rather than impervious materials
shall be utilized in the construction of any road or driveway situated
within a floodplain.
(2)
In the case of parking facilities, no such facility shall be
permitted as a special exception unless satisfactory evidence is submitted
that such parking will not be utilized during periods of flood flow,
thus posing no threat to the safety of the vehicles, their users and/or
to downstream properties. Temporary parking for periods not to exceed
one hour and/or parking for recreation uses would be examples of such
exceptions. In any case, pervious rather than impervious materials
shall be utilized in the construction of any parking facility situated
within a floodplain.
F.
(Reserved).
G.
Grading or regrading of lands, including the deposit of topsoils
and the grading thereof. The application for a special exception for
such a use shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage
and streams on all adjacent properties as well as the property in
question.
(2)
An application for amending the boundaries of the Floodplain
Conservation District if the boundaries are affected by the grading
or regrading of land.
(3)
A plan indicating the deposition of any fill or materials proposed
to be deposited by the grading or regrading of land. Such fill or
other materials shall be protected against erosion by riprap, vegetative
cover or bulkheading.
H.
Similar uses to the above which are in compliance with the intent
of this article.
[Amended 9-17-2019 by Ord. No. 4-256]
A.
For a use other than those permitted in § 160-171, an application seeking approval by special exception or variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
Applicants
shall submit design plans and all associated calculations and reports
to the Township Engineer for review prior to filing an application
for a special exception or variance under this article for any area
identified as Floodway on the FIRM.
C.
The application
for special exception or use by variance shall be accompanied by the
following:
(1)
Detailed
engineering studies indicating the effects on drainage and streams
on all adjacent properties as well as the property in question.
(2)
An
application for amending the boundaries of the Floodplain Conservation
District if the boundaries will be affected by the proposed special
exception or use by variance.
All applications for special exceptions or variances from provisions of this article pertaining to the Floodplain Conservation Districts in Whitpain Township shall be subject to the standards of review set forth in §§ 160-177 and 160-178 herein. Upon the filing of such applications, they shall be processed as follows:
A.
Upon receipt of said application, the Zoning Officer may submit the
application and supportive material to the appropriate agencies or
regulatory departments for their review and comments and recommendations
within 30 days:
(1)
Montgomery County Soil Conservation Service of United States
Department of Agriculture.
(2)
Federal Emergency Management Agency.
(3)
Department of Environmental Protection, Commonwealth of Pennsylvania.
(4)
Montgomery County Planning Commission.
(5)
Whitpain Township Planning Commission.
(6)
Whitpain Township Engineer.
(7)
Wissahickon Valley Watershed Association.
(8)
Whitpain Township floodplain consultant.
B.
The Zoning Hearing Board Solicitor shall schedule a hearing before the Zoning Hearing Board no sooner than 30 days after the transmission of documentation to the agencies aforementioned (Subsection A) and no later than 60 days following the submission of the completed application and the supplemental materials required by § 160-176B and the payment of the application fee, unless said time shall be extended by the applicant's written agreement, obtained in advance. Public notice of said hearing shall be given in accordance with the applicable provisions of the Municipalities Planning Code, as amended, and the terms of this article.
C.
A decision by the Zoning Hearing Board shall be rendered in accordance
with the provisions of the Municipalities Planning Code, unless extended
by written consent of the applicant.
D.
The Zoning Hearing Board may impose such special measures or conditions
as may be deemed reasonably necessary and appropriate in the grant
of relief by the Board in order to implement the purposes and intent
of the provisions of the Floodplain Conservation District.
E.
The approval of any request for relief by the Zoning Hearing Board
shall be accompanied by a written notice that notifies the applicant
that such approval may result in increased premium rates for flood
insurance.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objective in § 160-166 herein. In considering a use a special exception, the Zoning Hearing Board shall consider the following:
A.
The effect of the use shall not substantially alter the cross-sectional
profile of the streams and floodplains at the location of the proposed
use.
B.
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of the residents of Whitpain
Township or of other municipalities in the same watershed shall not
be adversely affected.
D.
Any structures permitted by special exception or variance shall be
constructed and placed on the lot 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.
E.
Any new structure permitted as a special exception or by variance
shall be floodproofed in accordance with the provisions contained
in the Whitpain Township Floodproofing Ordinance, as amended.
F.
Any additions to existing structures permitted as a special exception
or by variance shall be elevated to the greatest extent possible according
to the provisions contained in the Whitpain Township Floodproofing
Ordinance, as amended. However, any portion of the structure not so
elevated shall be floodproofed, also in accordance with the Township
Floodproofing Ordinance, as amended.
G.
An affirmative decision shall not be issued by the Zoning Hearing
Board on an application within the Floodplain Conservation District
unless the effect of such proposed activity on flood heights is fully
offset by accompanying stream improvements.
A property owner of a lot of record as of the date of the enactment
of this article who is able to prove that the strict enforcement of
this article would create undue hardship by denying a reasonable use
of such existing lot which is situated either wholly or partially
in the Floodplain Conservation District may seek relief by applying
for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question while ensuring that such use will not violate the basic objectives of this article as specified in § 160-166 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider the requirements for the granting of variances contained in the Pennsylvania Municipalities Planning Code, as amended from time to time, and the standards outlined in § 160-177 herein.
C.
Requests for variances shall also be considered by the Zoning Hearing
Board in accordance with the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing
Board upon a showing of good and sufficient cause, a determination
that failure to grant the appeal would result in exceptional hardship
to the applicant and a determination that the granting of an appeal
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
ordinances.
(2)
Affirmative decisions shall only be issued upon a determination
that it is the minimum necessary, considering the flood hazard, to
provide relief.
(3)
Affirmative decisions shall only be issued upon a determination
that the proposed construction, development, use, activity or encroachment
of any kind shall not cause any increase in the BFE.
A.
General. In granting any variance, the following technical provisions
to the proposal for which the variance has been granted shall attach
as conditions. These conditions and safeguards are necessary in order
to protect the public health, safety, and welfare of the residents
of the Township.
(1)
Pertaining to the alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(b)
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.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data
to be submitted to FEMA for a letter of map revision (LOMR) within
six months of the completion of any new construction, development,
or other activity resulting in changes in the BFE. A LOMR or conditional
letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the BFEs within the floodway;
or
(b)
Any development occurring in Zones A and AE without a designated
floodway, which will cause a rise of more than one foot in the BFE;
or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(3)
Any new construction, development, uses or activities allowed
by variance within any Floodplain Conservation. District shall be
undertaken in strict compliance with the provisions contained in this
article and any other applicable codes, ordinances and regulations.
In addition, when such development is proposed within the area measured
50 feet landward from the top of bank of any watercourse, a permit
shall be obtained from the Department of Environmental Protection
Regional Office.
B.
Elevation and floodproofing requirements in the event of a variance.
(1)
Residential structures.
(a)
In floodway or AE Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In any portion of the Floodplain Conservation District where there are no BFEs 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 § 160-168B(4).
(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 401-405, as amended) shall be utilized.
(d)
Plans, clearly and legibly drawn at suitable scale, for any
proposed building, shall show the elevation of the lowest floor (including
basement) and, as required, the elevation of any other floor.
(e)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, shall show complete information
concerning flood depths, pressures, velocities, impact and uplift
forces, and other factors associated with the BFE.
(2)
Nonresidential structures.
(a)
In Floodway or AE Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In any portion of the Floodplain Conservation District 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 § 160-168B(4).
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa.Code (Chapters 401-405, as amended) shall be used.
(e)
Plans, clearly and legibly drawn at suitable scale, for any
proposed building, shall show the elevation of the lowest floor (including
basement) and, as required, the elevation of any other floor.
(f)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, shall show complete information
concerning flood depths, pressures, velocities, impact and uplift
forces, and other factors associated with the BFE.
(3)
Space below the lowest floor.
(a)
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.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
Minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(4)
Accessory structures.
(a)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
[1]
The structure shall not be designed or used for
human habitation, but shall be limited to the parking of vehicles,
or to the storage of tools, material, and equipment related to the
principal use or activity.
[2]
Floor area shall not exceed 100 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as
to cause the least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated
to the regulatory flood elevation.
[6]
Permanently affixed utility equipment and appliances
such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent
flotation or 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]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space;
[b]
The bottom of all openings shall be no higher than
one foot above grade; and
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
A.
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the activities indicated in § 160-172I(1)(b) and (c) shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by the Township. In order to apply for a special permit, a variance must first be obtained, as outlined in §§ 160-179 and 160-179.1.
B.
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request including a completed special 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 North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, 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 BFE, and information concerning the
flow of water, including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the BFE;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(b)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the BFE;
(c)
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 BFE, including a statement concerning the effects such pollution
may have on human life;
(d)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on BFE
elevations and flows;
(e)
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 BFE and the effects such materials and debris may have on BFE
elevations and flows;
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(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.
C.
Application review process. Upon receipt of an application for a
special permit by the Township, the following procedures shall apply
in addition to all other procedures contained in this article:
(1)
Within three business 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.
(2)
If an application is received that is incomplete, the Township
shall notify the applicant in writing, stating in what respect the
application is deficient.
(3)
If the Township decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
(4)
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 business days after the date of approval.
(5)
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.
(6)
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.
(7)
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.
D.
Special technical requirements. In addition to the requirements of §§ 160-179 and 160-179.1, 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 § 160-179 and § 160-179.1 or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters
of the BFE without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the BFE;
[2]
The lowest floor (including basement) will be elevated
to at least 1 1/2 feet above the BFE; and
[3]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the BFE.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(c)
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.
A.
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, or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside the Floodplain Conservation District, or that land
uses permitted within such areas, will be free from flooding or flood
damages.
B.
This article shall not create liability on the part of Whitpain Township
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made hereunder.
C.
The granting of a zoning permit or approval of a subdivision or land
development plan in the Floodplain Conservation District shall not
constitute a representation, guaranty or warranty of any kind by Whitpain
Township or by any official or employee thereof of the practicability
or safety of the proposed use and shall create no liability upon Whitpain
Township, its officials or employees.
The Zoning Officer is hereby appointed as the Floodplain Administrator
to administer and enforce this article.
