A.
All uses shall be developed in a manner consistent
with the preservation of the quality of the existing environment and
of any natural amenities present on the site.
B.
All uses shall seek to minimize alteration of natural
drainage patterns, shall minimize grading and unnecessary removal
of natural vegetation, shall seek to preserve substantial stands of
mature and healthy trees, shall take into account attractive scenic
views and shall properly respect any other important natural features
existing on the site.
No land or structure in any district shall be
used or occupied in any manner that:
A.
Creates dangerous, injurious or noxious conditions
or fire, explosive or toxic hazards.
B.
Does not comply with federal or state regulations
regarding electromagnetic or radiation hazards.
C.
Creates smoke, dust or odor nuisances.
D.
Creates any other condition in such manner or in such
amount as to adversely affect the reasonable use of adjoining premises
or to be dangerous to public health or safety.
A.
Proposed construction area and natural features. For any proposed new lot that may potentially involve construction that could impact upon any of the features identified in Subsection A(2) below, the applicant shall be required to comply with this Subsection A. If the applicant states as part of an application that none of the features specified in Subsection A(2) would be impacted, then a site plan shall not be required by this section.
(1)
The subdivision and land development plans shall
designate the proposed locations of principal buildings. If an exact
principal building location is not known, then such site plan shall
designate the maximum outer extents of within which the building will
be located. Such locations are required to be to scale, but are not
required by this section to be professionally surveyed. Such plans
shall also show a construction area including lands within the following
minimum distances from the proposed location of each principal building:
30 feet in the front,* 30 feet to the rear* and 15 feet to the side.*
|
[NOTE: Unless the required yard is permitted
to be smaller by the applicable district regulations for that use,
such smaller distance shall apply. For instance, if an eight-feet-wide
side yard is permitted, then the construction area shall be eight
feet along the side from the proposed building location instead of
15 feet.]
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(2)
The lot and buildings shall be laid out so that
the proposed construction area described above does not include any
of the following features:
(a)
Wetlands (as defined by federal and state regulations).
(b)
Rights-of-way of underground pipelines.
(c)
Rights-of-way or easements of overhead electrical
lines.
(d)
Ponds or lakes.
(f)
Areas of more than 500 square feet with 15% or greater existing natural slope (unless the lot meets the requirements of Subsection C below).
(g)
Slopes with 33% or greater proposed man-made
slope (such as sides of a drainage swale).
(h)
For a residential use, any drainage swale that
can be expected to carry more than 12 cubic feet per second during
a ten-year storm.
(i)
Any stormwater detention basin.
B.
Natural steep slopes. "Steep slopes" shall be considered those of 15% or greater slope (equal to 15 feet vertical distance over 100 feet horizontal distance). If the proposed construction area described above includes any areas with slopes of 15% or greater (other than slopes that were clearly man-made), then the applicant shall submit a site plan and shall comply with the following provisions. This Subsection B shall not apply to townhouses and low-rise apartments, which are regulated by a different set of standards.
(1)
Such site plan shall show two-foot slope contours,
with all areas of slope greater than 15% and 25% identified, unless
alternate contour intervals are preapproved by the Township Engineer
or Zoning Officer. Detailed contours are not required within areas
identified as having over 25% slopes. The Zoning Officer may require
a plan to be drawn by a professional surveyor, professional engineer
or landscape architect. The plan shall show the proposed principal
building location and proposed construction area as described above.
This site plan shall also show substantial areas of mature trees.
(2)
If the proposed construction area includes more
than 1,000 square feet with slopes greater than 15%, but does not
include more than 1,000 square feet with slopes greater than 25%,
then the following regulations shall apply, unless a more restrictive
provision is established by another section of this ordinance:
(3)
If the proposed construction area includes more
than 1,000 square feet with slopes greater than 25%, the following
regulations shall apply, unless a more restrictive provision is established
by another section of this ordinance:
C.
Conservation easement. To ensure that the construction
area plan is complied with and that important natural features are
not disturbed, the Board of Supervisors may require that a ninety-nine-year
or longer conservation easement be established by the applicant to
ensure the preservation of concentrations of steeply sloped, floodplain,
wetland, ponds and lakes areas. The Board of Supervisors may require
that such conservation easement be referenced in each deed for each
lot. Also, such conservation easement, at a minimum, shall grant the
Board of Supervisors the authority to enforce such easement. In addition,
the approved recorded subdivision or land development plan shall state
that such areas are to be preserved.
D.
Streets and driveways. See applicable slope standards
in the Township Subdivision and Land Development Ordinance.
A.
High water table areas. In areas where the depth to
the seasonally high water table is less than four feet based upon
the County Soil Survey, the Board of Supervisors may, at its option,
require that all portions of new dwellings that are underground be
adequately waterproofed to prevent flooded basements.
B.
Wetlands.
(1)
If the Zoning Officer or the Township Engineer
has reason to believe that a portion of a site proposed to be altered
may possibly meet the state or federal definitions of a "wetland,"
then the Zoning Officer may require the applicant to provide a study
by a qualified professional delineating the locations of wetlands.
The qualifications of such expert shall also be submitted. However,
the Township accepts no responsibility to identify all wetlands or
to warn all parties of such possibilities.
(2)
All permits of the Township are issued on the
condition that the applicant comply with all federal and state wetland
regulations. Such permits may be revoked or suspended by the Township
for noncompliance with such regulations.
A.
Purposes: to protect the water quality of surface
waters in the Township, to preserve opportunities for future recreation
use of the waterways, to minimize erosion and sedimentation, to preserve
the natural stormwater drainage system of the area and to conserve
sensitive wildlife and aquatic habitats.
B.
Setbacks from major surface waters.
C.
Setbacks from minor surface waters. No structure or
paved vehicle parking area or parking aisle shall be located within
60 feet of the center of any minor surface waters. "Minor surface
waters" are defined as the Schoeneck Creek.
D.
Setbacks from major natural drainage swales.
(1)
Major natural drainage swales shall, whenever reasonable, be maintained in open space for a width approximately equal to their width during a one-hundred-year flood. See § 165-63, Subsection O, of the Subdivision and Land Development Ordinance. No buildings shall be located within 50 feet of the center of a major natural drainage swale.
(2)
A major natural drainage swale shall be a stormwater
channel segment that is unpiped and designated on the official Township
Topographic Base Maps as "Drainage and Intermittent Drainage."
(3)
The Board of Supervisors may allow a natural
drainage swale to be diverted or piped underground in cases where
the applicant proves to the full satisfaction of the Board of Supervisors
that such a method would be necessary for the reasonable development
of the tract, and that such a method would result in an overall improvement
of stormwater management within the entire area.
See § 190-154D(2).
[Amended 4-16-2001 by Ord. No. 2001-304]
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.
Purposes. The purposes of these provisions are as follows:
(1)
To promote the general health, welfare and safety of the community;
(2)
To encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(3)
To minimize danger to public health by protecting water supply
and natural drainage;
(4)
To reduce financial burdens imposed on the community, governments
and residents by preventing excessive development in areas subject
to flooding;
(5)
To protect individuals from buying lands which are unsuitable
for building sites or certain uses because of flooding by prohibiting
the subdivision and/or development of unprotected flood-prone lands;
and
(6)
To regulate development in flood hazard areas in accordance
with the National Flood Insurance Act of 1968 (42 U.S.C. § 4001
et seq.) and the Pennsylvania Flood Plain Management Act 166 of 1978
(32 P.S. § 679.101 et seq.).
C.
Repealer, abrogation and greater restrictions. This ordinance hereby
repeals and supersedes any prior ordinances and any other similar
provisions currently in effect in identified floodplain areas. However,
all provisions of other ordinances 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 ordinance,
the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this ordinance shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the ordinance, which shall remain in full force and effect; and
for this purpose the provisions of this ordinance are hereby declared
to be severable.
E.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris.
This section does not imply, represent, or suggest that areas outside
any identified flood-prone area, or that land uses permitted within
such areas, will be free from flooding or flood damages; and every
person who proposes to build on or develop any land within the Township
is cautioned to cause his own independent study to be made to determine
the likelihood of flooding or flood damage occurring on that property.
F.
Administration.
(1)
Designation of floodplain administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce
this ordinance and is referred to herein as the "floodplain administrator."
The floodplain administrator may:
[1]
Fulfill the duties and responsibilities set forth in these regulations;
[2]
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
[3]
Enter into a written agreement or written contract with another
agency or private-sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
(b)
In the absence of the designated floodplain administrator, the
floodplain administrator duties are to be fulfilled by the Township
Manager.
(2)
Duties and responsibilities of the floodplain administrator.
(a)
The floodplain administrator shall issue a floodplain development
permit only after it has been determined that the proposed work to
be undertaken will be in conformance with the requirements of this
and all other applicable codes and ordinances.
(b)
Prior to the issuance of any floodplain development 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);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(c)
During the construction period, the floodplain administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(d)
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 ordinance.
(e)
In the event the floodplain administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(f)
The floodplain administrator shall maintain in perpetuity all
records associated with the requirements of this ordinance, including
but not limited to finished construction elevation data, permitting,
inspection and enforcement.
(g)
The floodplain administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
(i)
The floodplain administrator shall consider the requirements
of 34 Pa.Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
(3)
Permits required. A Township floodplain development permit is
required for all proposed construction, development and any man-made
change to improved or unimproved real estate within a special flood
hazard area, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
(4)
Application procedures. Application for a floodplain development
permit shall be made on forms prescribed and provided by the Township.
If any proposed construction or development is located within, or
adjacent to, any identified floodplain area, applicants for a building/zoning
permit shall, in addition to supplying such information as may be
required by the provisions of other Township ordinances, supply the
following specific information in connection with such application:
(a)
A plan which accurately delineates the area which is subject
to flooding, the location of the proposed construction, the location
of any other floodplain development or structures, and the location
of any existing or proposed stream improvements or protective works.
Included shall be all plans for proposed subdivision and land development
in order to assure that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[4]
Structures will be anchored to prevent floatation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities have been designed and located
to prevent water entry or accumulation.
(b)
Such plan shall also include existing and proposed contours;
information concerning base flood elevations, velocities, and other
applicable information such as pressures, impact and uplift forces
associated with the base flood; size of structures; location and elevations
of streets; water supply and sanitary sewage facilities; soil types;
and floodproofing measures.
(c)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the base flood elevations, pressures,
velocities, impact, and uplift forces and other hydrostatic, hydrodynamic
and buoyancy factors 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.
(d)
Information showing the proposed lowest floor and basement elevations
in relation to the North American Vertical Datum of 1988.
(5)
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 Township to the Northampton County Conservation District for review
and comment prior to the issuance of a building/zoning permit. The
recommendations of the Conservation District shall be considered by
the floodplain administrator for possible incorporation into the proposed
plan.
(6)
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
(such as the Planning Commission, Township Engineer, etc.) for review
and comment, and the comments of the agencies or individuals to whom
such submissions are made shall be considered by the floodplain administrator
for possible incorporation into the proposed plan.
(7)
Other permit issuance requirements. Prior to the issuance of
any floodplain development permit, the applicant shall obtain all
other necessary governmental permits, such as those required by state
and federal laws, including but not limited to those required by Act
537, the Pennsylvania Sewage Facilities Act, the Water Obstruction
Act of 1913, and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1334.
(8)
Changes. After the issuance of a floodplain development permit,
no changes of any kind shall be made to the application, permit, or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the floodplain
administrator; and any work done pursuant to such permit shall be
done in accordance with plans, specifications and other documents
and in accordance with any conditions imposed upon the granting of
said permit by the Township. Requests for any change to the application,
permit, plans, specifications or other documents shall be in writing
and shall be submitted by the applicant to the floodplain administrator
for consideration.
(9)
Start of construction.
(a)
Work on the proposed construction shall begin within 180 days
after the date of issuance of the floodplain development permit, and
work 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. Time extensions
shall be granted only if a written request is submitted by the applicant,
who sets forth sufficient and reasonable cause for the floodplain
administrator to approve such a request and the original permit is
compliant with the ordinance and FIRM/FIS in effect at the time the
extension is granted.
(b)
Construction shall be considered to have started with the first
placement of permanent construction on the site, such as the pouring
of slabs or footings or any work beyond the stage of excavation. For
a structure without a basement or poured footings, the start of construction
includes the first permanent framing or assembly of the structure
or any part thereof on its pilings or foundation or the affixing of
any prefabricated structure to its permanent site. Permanent construction
does not include land preparation, land clearing, grading, filling,
excavation for a basement, footings, piers, or foundations, erection
of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street. For a substantial improvement,
construction shall be considered to have started with 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.
(10)
Inspection and revocation. During the construction period, the
Township shall inspect the premises to determine that the work is
progressing in compliance with the permit and with all applicable
Township laws and ordinances. In the event it is found that the work
does not comply with the permit or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Township shall revoke the permit and take such other
action as in the circumstances it may deem appropriate.
(11)
Enforcement. Failure to comply with the provisions of this ordinance
is a violation of this ordinance, and the floodplain administrator
may proceed with enforcement action in accordance with Municipalities
Planning Code (MPC), Section 616.1, Enforcement Notice, Section 617.2,
Enforcement Remedies (Penalties), and Article X-A, Appeals to Court.
The floodplain administrator may also issue a declaration of violation,
under Section 1316 of the National Flood Insurance Act of 1968, to
the Federal Emergency Management Agency to deny flood insurance on
the property in violation. The effects of having a Section 1316 violation
are nonavailability of flood insurance for any buildings, possible
reduction of market value, risk of damage without compensation, possible
mortgage foreclosure, and denial of disaster assistance for repair
of structural damage.
(a)
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
section, or of any regulations adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
[1]
Be in writing;
[2]
Include a statement of the reasons for its issuance;
[3]
Allow a reasonable time, not to exceed a period
of 30 days, for the performance of any act it requires;
[4]
Be served upon the property owner or his agent,
as the case may require; provided, however, that such notice or order
shall be deemed to have been properly served upon such owner or agent
when a copy thereof has been served with such notice by any other
method authorized or required by the laws of this state;
[5]
Contain an outline of remedial actions which, if
taken, will effect compliance with the provisions of this section.
(b)
Appeals. Any person aggrieved by any action or decision of the
floodplain administrator concerning the administration of the provisions
of this ordinance may appeal to the Zoning Hearing Board. Such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
[1]
Upon receipt of such appeal, the Zoning Hearing
Board shall consider the appeal in accordance with the Municipalities
Planning Code and any other local ordinance.
[2]
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 state, including the Pennsylvania Flood Plain
Management Act.
[3]
Granting of a municipal appeal will not relieve
a landowner from the obligation to comply with the minimum requirements
of the National Flood Insurance Program. Landowners that fail to meet
the program's minimum requirements, notwithstanding any appellate
decision to the contrary, are in violation of the National Flood Insurance
Program and remain subject to the accompanying penalties.
G.
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFED
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERMANENT
PERSON
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VIOLATION
Floodplain definitions. Unless specifically defined below, words and phrases used in this ordinance shall be interpreted so as to give this ordinance its most reasonable application. The following words, terms and phrases shall have the following meanings for the purposes of § 190-154:
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for AE Zones 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. Within the approximated floodplain,
the base flood elevation shall be established as a point on the boundary
of the approximated floodplain which is nearest to the construction
site in question.
Any area of a building having its floor below ground level
on all sides.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The term "development" shall also include but shall not be limited
to the placement or development of a mobile (manufactured) home on
a lot or the placement or development of any recreational vehicle
or travel trailer on a lot for more than 180 consecutive days.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which 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 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 has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Watertight, with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
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.
Any structure that is:
Listed individually on the National Register of Historic Places
or preliminarily determined eligible for listing by the Secretary
of the Interior or the Pennsylvania Historical and Museum Commission
(PHMC);
Certified or preliminarily determined by the Secretary of the
Interior or the PHMC as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary or the PHMC to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places.
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 ordinance.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes travel trailers and other similar vehicles placed on a site
for greater than 180 consecutive days. For insurance purposes, the
term "manufactured home" does not include park trailers, travel trailers
and other similar vehicles. The term "manufactured home" shall have
the same meaning as "mobile home."
For floodplain management purposes, a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or 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, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance, and includes any subsequent improvements to such structures.
Any construction started after June 28, 1976, and before the effective
start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance. Work
on existing structures is covered under the definition of "substantial
improvement."
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which 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.
Having a life span of six months or more at a particular
location.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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 or AE.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit, unless a time extension is granted, in
writing, by the floodplain administrator. The "actual start" means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
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 repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure. This term includes structures which have incurred "substantial
damage" regardless of the actual repair work performed. This term
does not include the following:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any exterior restoration or interior alteration of an historic
structure listed on the National Register of Historic Places or a
state inventory of historic places or which the Pennsylvania Historical
and Museum Commission has officially determined is eligible for such
listing.
The failure of a structure or other development to be fully
compliant with the 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.
H.
Description and identification of floodplain areas.
(1)
Identification. The identified floodplain area shall include
any areas of Palmer Township classified as special flood hazard areas
(SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood
Insurance Rate Maps (FIRMs) dated July 16, 2014, and issued by the
Federal Emergency Management Agency (FEMA), or the latest revision
thereof, including all digital data developed as part of the FIS.
The above-referenced FIS and FIRMs, and any subsequent revisions and
amendments, are hereby adopted by Palmer Township and declared to
be part of this ordinance.
(2)
Description and special requirements. The identified floodplain
area shall consist of the following specific areas:
(a)
The floodway area shall consist of 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. This term shall also
include floodway areas which have been identified in other available
studies or sources of information for those special flood hazard areas
where no floodway has been identified in the FIS and FIRM.
[1]
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.
[2]
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office.
(b)
The AE Area shall consist of 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.
[1]
The AE Area adjacent to the floodway shall consist of 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.
(c)
The A Area shall consist of those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
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. [See provisions for site-specific floodplain studies in Subsection H(4) below.
(3)
Floodplain as overlay area. The identified floodplain area shall
function as an overlay district over the zoning district that applies
to a lot. All portions of this ordinance shall also apply to the floodplain
area; except that where the floodplain regulations and other regulations
of this ordinance regulate the same matter, the more-restrictive regulation
shall apply. Should any part of the identified floodplain area be
declared inapplicable because of lawful official action of the Board
of Supervisors, the Zoning Hearing Board, the Federal Insurance Administration
or a court of competent jurisdiction, the underlying zoning district
shall continue to remain in effect.
(4)
Studies by a developer.
(a)
If the applicant does not desire the regulations of the identified
floodplain area to apply within an approximated floodplain, the applicant
may, at the applicant's expense, have a detailed study completed to
determine the exact base flood elevation using accepted hydraulic
modeling techniques (HEC-RAS, HEC-2, etc.).
(b)
This determination shall be made under the review and approval
of the Township Engineer and be sealed by a professional engineer.
(c)
An applicant may also provide any base flood elevation and floodway
data available from a federal, state or other reputable source.
(d)
Such study may also seek to show that an area is within an A
or AE flood area and not the floodway area.
(e)
Based upon such study and information, in areas that the Township
Engineer determines, in writing, not to be within the identified floodplain
area, the regulations of the identified floodplain area shall not
apply.
(f)
No modification or revision of the water surface elevation,
the floodway area, or any area identified as being flood-prone as
set forth in the latest Flood Insurance Study prepared by the Federal
Insurance Administration shall be made without prior written approval
from the Federal Insurance Administration.
(5)
Changes in identification of floodplain area. The identified
floodplain area may be revised or modified by the Board of Supervisors
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change
to the special flood hazard area, approval must be obtained from 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.
(6)
Boundary disputes. When exact measurements do not exist, the
boundaries of the floodplain areas shall be determined by the floodplain
administrator by scaling distances off the Flood Insurance Rate Map.
If an applicant challenges such determination by the Floodplain Administrator,
the applicant may appeal the boundaries to the Zoning Hearing Board,
which shall seek comments from the Township Engineer. The person contesting
the location of the floodplain boundary shall have the burden of establishing
that the land does not lie within the identified floodplain area.
I.
Floodplain area prohibited uses. On any site or portion of a site
which is located in a special flood hazard area, the construction,
enlargement or expansion of any of the following uses shall be specifically
prohibited, regardless of their elevation relative to the floodplain:
(1)
All new or substantially improved:
(a)
Residential dwellings.
(b)
Commercial, institutional or industrial structures.
(c)
Hospitals, nursing homes, jails and prisons.
(d)
Mobile/manufactured homes, a mobile/manufactured home park or
a recreational vehicle park.
(e)
Solid waste disposal areas/facilities.
(f)
Dumps or junkyards.
(g)
Outdoor storage or disposal of materials that could be carried
by stormwater or could obstruct stormwater.
(h)
Bulk storage of manure, except within a waterproof enclosure.
(i)
On-site sewage disposal systems.
(j)
Any building or structure which would cause any increase in
the base flood elevation.
(k)
All uses not specifically permitted, unless their allowance
is clearly implied in the determination of the Zoning Hearing Board
by a very close similar use.
(2)
Any new or substantially improved structure which will be used
for the production or storage of any hazardous materials or substances,
or which will be used for any activity requiring the maintenance of
a supply of more than 550 gallons, or other comparable volume, of
any hazardous materials or substances on the premises, or which will
involve the production, storage or use of any amount of radioactive
substances, including but not limited to the comprehensive list below,
or such similar substances and materials that would create a hazard
to water quality:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(3)
The production or storage of any substance defined as hazardous
waste under the Pennsylvania DEP's Hazardous Waste Management Regulations
in quantities of more than five gallons within the identified floodplain
area.
(4)
The filling of marshlands, dredging, removal of topsoil or damming
or relocation of any watercourse, except with the approval of the
Pennsylvania DEP.
(5)
Any relocation or altering of a watercourse if the water-carrying capacity will be reduced without an appropriate alternative method of stormwater management approved under the Township Subdivision and Land Development Ordinance (Ch. 165, Subdivision and Land Development) or any relocation of a waterway without needed Pennsylvania DEP permits. The State Floodplain Coordinating Office and downstream municipalities shall be notified prior to any alteration or relocation of a stream watercourse, and copies of such notifications shall be submitted to FEMA and the Pennsylvania Department of Community and Economic Development.
J.
Permitted uses in special flood hazard areas shall be as follows,
provided that all other requirements of this section and this ordinance
are complied with:
(1)
Crop farming, orchards and raising of livestock.
(2)
Plant nursery or Christmas tree farm.
(3)
Recreational uses, including public and private parks, day camps,
picnic groves, golf courses, hunting and fishing membership clubs
and boating launches, marinas, docks, wharves, piers, etc., but not
to include recreational vehicles or recreational vehicle parks.
(4)
Game farm, fish hatchery, hunting and fishing reserve.
(5)
Nature preserve.
(6)
Front, side or rear yards and required lot area for uses that
may or may not be in an abutting district.
(7)
Pervious parking areas.
K.
Special exception uses. All applications for special exceptions shall
require appropriate state and federal approvals. Special exception
uses in the floodplain area shall be as follows:
(1)
Dams, culverts and bridges approved by the Pennsylvania DEP
if it has jurisdiction over the watershed in question, or by the governmental
agency exercising jurisdiction over the watershed.
(2)
Paved roads, and driveways, parking areas, and loading areas.
(3)
Storm sewers, not including detention facilities.
(4)
Grading or regrading of land, including the deposit of topsoil
and the grading thereof, and the construction of retaining walls,
provided that a detailed engineering study is provided that proves
to the satisfaction of the Zoning Hearing Board, based upon review
by the Township Engineer, that the grading work will not individually
or collectively increase the base flood elevation more than one foot
at any point.
L.
Permissible nonconformities. A structure or use of a structure or
premises which lawfully existed before the enactment of these provisions
but which is not in conformity with these provisions may be continued,
subject to the following conditions:
(1)
Existing nonconformities (structures and/or uses) located in
the floodway area shall not be expanded or enlarged (unless the effect
of the proposed expansion or enlargement on flood heights is fully
offset by accompanying stream improvements).
(2)
Any modification, alteration, repair, reconstruction or improvements
of any kind to a nonconformity (structure and/or use) located in the
floodway area to an extent or amount of less than 50% of its market
value shall be elevated and/or floodproofed in accordance with the
provisions of this ordinance.
(3)
The modification, alteration, repair, reconstruction or improvement
of any kind to a nonconformity (structure and/or use), regardless
of location, to an extent or amount of 50% or more of its value constitutes
a substantial improvement and, therefore, shall be undertaken only
in full compliance with the provisions of this and any other applicable
ordinance.
(4)
Uses or adjuncts thereof which are or become nuisances shall
not be permitted to continue.
M.
Fill in the floodplain. In addition to any required federal and state
permits, a Township floodplain development permit shall be required
for any filling of either the floodplain area or anywhere within 100
feet of the top of the primary bank of the Lehigh River or the Bushkill
Creek or within 50 feet of the top of the primary bank of the Schoeneck
Creek. An applicant for such permit shall prove that there will be
no increase in stormwater flows or flooding of the contiguous properties
of other owners. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points.
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(4)
Be no steeper than one vertical foot to two horizontal feet,
unless substantiated data justifying steeper slopes are submitted
to, and approved by, the floodplain administrator.
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
N.
Design standards and improvements.
(1)
General.
(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 and until all required
permits or approvals have been first obtained from the commonwealth.
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community and Economic Development shall be notified
prior to any alteration or relocation of any watercourse.
(b)
Where not prohibited by this or any other laws or ordinances,
land located in flood-prone area(s) may only be platted for development
subject to the requirement that the developer construct all buildings
and structures to preclude flood damage in accordance with this and
any other laws and ordinances regulating such development.
(c)
No subdivision and/or land development, or part thereof, shall
be approved if the proposed development and/or improvements will,
individually or collectively, increase the base flood elevation more
than one foot at any point. In identified floodplain areas where base
flood elevation data are not available, plans shall be supported by
hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision and letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
(d)
If the Palmer Township Board of Supervisors shall determine
that only a part of a proposed plat can be safely developed, it shall
limit development to that part and shall require that development
proceed consistent with this determination.
(e)
When a developer does not intend to develop the plat himself
and the Palmer Township Board of Supervisors determines that additional
controls are required to ensure safe development, it may require the
developer to impose appropriate deed restrictions on the land as recommended
by the Township Solicitor. Such deed restrictions shall be inserted
in every deed and noted on every recorded plat.
(2)
Elevation and floodproofing requirements.
(a)
Residential structures.
[1]
Any new construction or substantial improvement of a residential
structure shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
[2]
The design and construction standards and specifications contained
in the 2009 IBC, the 2009 IRC and 34 Pa. Code, or the most-recent
revisions thereof, shall be utilized where they are more restrictive.
(b)
Nonresidential structures.
[1]
Any new construction or substantial improvement of a non residential
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:
[2]
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
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.
[3]
The design and construction standards and specifications contained
in the 2009 IBC, the 2009 IRC and 34 Pa. Code, or the most-recent
revisions thereof, shall be utilized where they are more restrictive.
(c)
Space below the lowest floor.
[1]
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.
[2]
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]
There shall be 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.
[c]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Elevation records. Records of elevations of the base flood elevation
and the lowest floor (including basement) of structures shall be provided
by the applicant for all new or substantially improved structures
in, and in vicinity to, the floodplain areas. Such information shall
indicate whether or not such structures contain a basement. Such information
shall be maintained in Township records.
(3)
Construction standards. The following minimum standards shall
apply for all construction proposed to be undertaken within any identified
flood-prone area:
(a)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner
without damage to persons or property. The system shall ensure drainage
at all points 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.
(b)
Sanitary sewer facilities.
[1]
All new or replacement sanitary sewer facilities, whether public
or private, and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into the floodwaters. In addition, they should be
located and constructed and floodproofed up to a point one foot above
the base flood elevation to minimize or eliminate flood damage and
impairment.
[2]
No part of any on-site waste disposal 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.
[3]
The Palmer Township Board of Supervisors may prohibit installation
of on-lot sewage disposal facilities requiring soil absorption systems
where such systems will not function due to high groundwater, flooding,
or unsuitable soil characteristics. The Board of Supervisors may require
that the developer note on the face of the plat and in any deed of
conveyance areas of the subdivision where soil absorption fields are
prohibited.
[4]
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages," and "The
International Private Sewage Disposal Code" shall be utilized.
(c)
Water facilities. All new or replacement water facilities shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and be located and constructed to minimize or eliminate
flood damage.
(d)
Streets. The finished elevation of proposed new streets shall
be no more than one foot below the base flood elevation.
(e)
Utilities. All other utilities, such as gas lines, electrical
and telephone systems, being placed in flood-prone areas should be
located, elevated (where possible) or floodproofed up to a point one
foot above the base flood elevation and constructed to minimize the
chance of impairment during a flood.
(f)
Storage. No materials that are buoyant, flammable, explosive
or, in times of flood, could be injurious to human, animal, or plant
life shall be stored below the base flood elevation.
(g)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the base flood elevation shall
be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the base flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
[2]
Plywood used at or below the base flood elevation shall be of
a marine or water-resistant variety.
[3]
Walls and ceilings at or below the base flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the base flood
elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints or other finishes used at or below the base flood elevation
shall be of a water-resistant quality.
[2]
Adhesives used at or below the base flood elevation shall be
of a marine or water-resistant quality.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(k)
Electrical systems and components.
[1]
Electric water heaters, furnaces, air-conditioning and ventilating
systems, and other electrical equipment or apparatus shall not be
located below the base flood elevation.
[2]
Electrical distribution panels shall be at least three feet
above the base flood elevation.
[3]
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(l)
Utilities and equipment.
[1]
Water heaters, furnaces, air-conditioning and ventilation units
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the base flood elevation.
[2]
All fuel supply systems shall be designed to prevent the infiltration
of floodwaters into the system and discharges from the system into
floodwaters. Additional provision shall be made for the drainage of
these systems in the event that floodwater infiltration occurs.
(4)
Pilings or columns rather than fill, for the elevation of structures
within flood-prone areas, shall be required in order to maintain the
storage capacity of the floodplain and to minimize the potential for
negative impacts to sensitive ecological areas.
O.
Variances in the floodplain areas.
(1)
A variance shall only be granted to the requirements of this § 190-154 if the applicant can prove that an exceptional and unnecessary hardship of a unique nature is imposed upon the property.
(2)
In addition to the variance standards stated in the State Municipalities
Planning Code (53 P.S. § 10101 et seq.), the following requirements
shall be applicable:
(a)
Variances shall not be issued within the designated floodway
if any increase in flood levels during the base flood elevation would
result.
(b)
The applicant shall be notified in writing, over the signature
of the floodplain administrator, that:
(c)
A detailed professional on-site survey at the expense of the
applicant shall be conducted and be subject to acceptance by the Township
Engineer. Such study shall prove that the floodplain area, watercourse
or drainage course can be altered in such a way to safely allow the
proposed variance while not adversely affecting the accommodation
of the base flood.
(d)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the requested variance:
[1]
Will not substantially violate any of the purposes of this section;
[2]
Is the minimum modification necessary to afford relief;
[3]
Will not increase the base flood levels;
[4]
Is necessary for a reasonable use of the land;
[5]
Will not result in negative impacts to the creek or river; and
[6]
Is necessary to prevent an exceptional hardship to applicant.
(e)
The applicant shall be required to comply with all provisions of the Township Building Codes. (See Ch. 55, Building Code.)
(f)
Applicable regulations of the Pennsylvania Flood Plain Management
Act and the Federal Flood Insurance Flood Plain Management Criteria
shall apply to any new or substantially improved structure.
A.
All activities, other than routine crop farming unrelated
to development, which would involve the disturbance of earth over
an area greater than 1/4 acre or disturbance of slopes of over 15%
shall submit in advance a grading plan to the Township and a soil
and erosion control plan to the County Conservation District. The
erosion control plan shall be revised as needed until it is found
acceptable by the Conservation District. Compliance with such approved
plan shall be a condition of any Township permit, and a Township permit
may be suspended for noncompliance.
B.
Grading regulations.
(1)
The existing grade shall not be increased so
that unstable slopes are created.
(2)
The surface area of any yard adjacent to a building
or structure shall be graded so that surface water will be drained
away from such structure.
(3)
The deposit of soils, detritus or other debris
(as a result of site preparation, grading or excavating) shall not
be unsightly or detrimental to any property, street, sewer or natural
waterway.
(4)
Materials used for fill as a future base for
construction shall be nonorganic and provide a suitable and secure
base.
(5)
The Board of Supervisors may require appropriate
underground testing of a proposed building site if there is reasonable
doubt in the opinion of the Township Engineer that the subsurface
is suitable and secure for building.
(6)
A site plan shall be provided to the Zoning
Officer showing the existing natural features of a site before grading
occurs, with sufficient information to ensure compliance with the
tree preservation and steep slope regulations of this ordinance. Such
information should also include photographs of the site prior to grading.
A.
No underground or subsurface storage of chemicals,
either gas, liquid or solids, shall be permitted in any district,
except for underground storage of petroleum products as regulated
by the State Police and/or other state or federal regulatory agency.
B.
No aboveground or surface storage of hazardous or
explosive substances or gases shall be stored in excess of 20 cubic
feet in volume within 300 feet of a residential lot line except: for
substances needed for routine heating and cooling of a building, fire
suppressant chemicals, printing supplies, photographic developing
chemicals, janitorial chemicals and lawn and agricultural fertilizers.
All storage of explosive or hazardous substances or gases shall comply
fully with the standards of the National Fire Protection Association.
C.
All bulk outdoor business storage facilities for fuel,
chemicals or hazardous machinery stored outdoors, other than at construction
sites shall be enclosed by a secure fence with a minimum height of
six feet.
(Hereafter in this section "sewage" shall refer
to sanitary sewerage.)
A.
All methods of sanitary sewage treatment and disposal shall be approved by the DER and in accordance with the sewage plan for the Township. See § 165-64 of the Subdivision and Land Development Ordinance concerning provisions of an alternate on-lot septic system.
B.
Recertification of the adequacy of sewage disposal
systems shall be required, prior to an expansion or conversion of
an existing use that can reasonably be expected to increase sewage
flows.
C.
Public sewerage connections. A developer shall extend the public sewerage system to each lot intended to involve development of a new principal use and each principal use shall connect to the public sewerage system, unless the Board of Supervisors determines that such extension and/or connection would be impossible or cost-prohibitive, based upon review of the Sewer Authority staff. If the Board of Supervisors determines that such service currently is not reasonably accessible, then capped sewers shall be required to be installed by the developer, within the requirements of § 165-64 of the Subdivision and Land Development Ordinance.
D.
Capped sewers. See the requirements of § 165-64 of the Township Subdivision and Land Development Ordinance.
E.
Sanitary sewage disposal improvements installed by
the developer shall meet requirements of the authority or municipality
providing such service and DER regulations.
F.
Sanitary sewerage systems shall not be used to carry
stormwater and shall be constructed and maintained to prevent infiltration.
A.
No person shall operate or cause to be operated on
private or public property any source of sound in such a manner as
to create a sound level which exceeds the limits set forth for the
receiving land use category in the following table when measured at
or within the property boundary of the receiving land use:
|
Sound Level Limits by Receiving Land Use
and Time
| ||
|---|---|---|
|
Land Use or Zoning District Receiving
Noise
|
Hours and Days
|
Maxium Permitted Sound Level
(dBA)
|
|
Principally residential lot or nursing homes
|
7:00 a.m. to 9:00 p.m. other than Sundays and
major legal holidays
|
62
|
|
9:00 p.m. to 7:00 a.m. and Sundays and major
legal holidays
|
57
| |
|
Industrially developed or zoned lots
|
All times and days
|
74
|
|
Any lot not listed above
|
7:00 a.m. to 9:00 p.m. other than Sundays and
legal holidays
|
67
|
|
9:00 p.m. to 7:00 a.m. and Sundays and major
legal holidays
|
62
| |
B.
The maximum permissible sound level limits set forth in Subsection A shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(2)
Emergency work to provide electricity, water
or other public utilities when public health or safety are involved.
(3)
Domestic power tools, between the hours of 7:00
a.m. and 11:00 p.m.
(4)
Construction (including necessary blasting)
and street and utility repair operations.
(5)
Agriculture.
(7)
Public celebrations, specifically authorized
by the Township.
(8)
Railroads or airplanes.
(9)
The unamplified human voice.
C.
For any source of sound which emits an impulsive sound
(a sound of short duration, with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval),
the sound level shall not exceed 20 dBA over the ambient sound level,
regardless of time of day or night or receiving land use.
No person shall operate or permit the operation
of any device or conduct or permit any use to be conducted that creates
vibration which is above the vibration perception threshold of an
average person (without the use of instruments) on private property
outside of the lot lines of the use generating the vibration. This
restriction shall not apply to occasional non-routine blasting that
may be necessary during construction of structures, streets or utilities.
A.
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted which does
not conform with the standards established under DER air pollution
control regulations.
B.
No use shall generate odors that would be seriously
offensive to persons of average sensibilities beyond the boundaries
of a lot line. Tighter standards on what is seriously offensive shall
apply in the LDR, MDR, HDR, HDR-II and PO/B Districts than in other
districts.
[Amended 5-20-2002 by Ord. No. 2002-316]
C.
Any spreading of manure and septic sludge shall follow
good soil and water conservation and standard practices to reasonably
minimize odor. General standards shall be those recommended by the
Pennsylvania State University Agricultural Extension Service.
A.
Overall. All uses shall direct, deflect and shield
lights and control the intensity of lights and illuminated signs to
avoid nuisances and prevent glare onto other properties and streets
and to avoid distractions to motorists. Lights shall not shine directly
into the normal line of sight of motorists.
[Amended 2-24-204 by Ord. No. 2004-346]
B.
This section shall not apply to approved streetlights
within the street right-of-way.
C.
Luminaire height. No privately-owned light standard,
other than lighting of lawful athletic fields, shall have a height
greater than 25 feet if such standard is within 300 feet of an existing
principally residential use or undeveloped residentially-zoned land.
In all other situations, such maximum height shall be 35 feet. These
maximum heights may be waived by the Board of Supervisors for sites
with particular and unusual circumstances that require higher lights.
D.
Signs.
[Amended 11-13-1995 by Ord. No. 261; 8-21-2000 by Ord. No. 288]
(1)
Illumination of signs beyond what is customary
in a residential area shall be prohibited within the LDR, MDR, HDR,
HDR-II and C-R Districts. No sign shall be excessively illuminated
beyond which is necessary for the sign to be readable. Internally
illuminated signs shall be prohibited in all residential districts
in the Township. Where permitted in nonresidential districts, internally
illuminated signs shall have a dark background with illuminated text
that accounts for a maximum of 20% total sign area. (See Figure I.[1])
[Amended 5-20-2002 by Ord. No. 2002-316]
[1]
Editor's Note: Figure I is included as an
attachment to this chapter.
(2)
Externally illuminated signs shall be illuminated
by a white, steady, stationary light. For all freestanding pole signs,
the light shall be attached directly to the sign. (See Figure II.[2]). External light shall be of reasonable intensity directed
at the sign without light spillover and without causing glare for
motorists, pedestrians or neighboring properties. Signs may be backlighted
with a diffused or shielded light source if deemed necessary by the
Township to controlling glare. Backlighting shall illuminate the letters,
characters or graphics on the sign but not its background in order
to shine only on the face of the sign and not spill over into the
property.
[2]
Editor's Note: Figure II is included as an
attachment to this chapter.
(3)
Hours of illumination. Signs shall be lit during
office hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever
is less. All existing internally illuminated signs in a residential
zoning district shall be lit during office hours only.
(4)
Digital signs shall be prohibited in all residential districts in the Township. Electronic message signs shall only be permitted in residential districts as specified in § 190-183.1B(2)(a).
[Added 12-27-2011 by Ord. No. 2011-405; amended 10-24-2017 by Ord. No. 2017-449]
Electric substations shall have plant screening
(with a majority of the plants being evergreens) alongside any public
street or abutting dwelling.
A.
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted which does
not comply with the regulations of the DER, the Federal Nuclear Regulatory
Commission and the Federal Interstate Commerce Commission.
B.
No person shall conduct or permit any use to be conducted
which causes electrical disturbances (except from domestic household
appliances and overhead electric transmission lines) to adversely
affect any equipment at any time other than the equipment creating
the disturbance.
C.
No radioactive or hazardous wastes, as defined by
the U.S. Environmental Protection Agency, shall be disposed of within
any district.
A.
Applicability.
(1)
Tree cutting.
(a)
If tree cutting and related development activity are regulated by the tree preservation requirements of the Township Subdivision and Land Development Ordinance (SALDO) of 1994, as amended, then such tree preservation requirements shall apply instead of these provisions of this § 190-164 of the Zoning Ordinance. If such SALDO provisions apply, then waivers or modifications may be granted by the Board of Supervisors for just cause, without having to meet requirements for a zoning variance.
(2)
The provisions of this section shall not apply
to the following activities:
(a)
Bona fide tree nurseries for replanting, bona
fide Christmas tree farms or commercial orchards.
(b)
"Forestry, commercial" which is regulated as a distinct land use (See § 190-210 of this ordinance).
(c)
Cutting of trees on a lot of less than two acres
that has a primarily residential use, after a certificate of occupancy
has been granted.
B.
Purposes: to protect wildlife and bird habitats, encourage
groundwater recharge, avoid thermal pollution, decrease air pollution,
maintain the attractive character of areas, maintain and increase
property values, protect water quality and conserve energy; and, through
these purposes, to serve the public health, safety and general welfare.
C.
Measurement. For the purposes of this section, the
width of trees shall be the diameter of the trunk at a height of 4.5
feet above the average surrounding original ground level.
D.
Tree removal. The burden of proof shall be upon the applicant to show that tree cutting or removal will be held to a reasonable minimum. Except for exemptions under the above Subsection A, Applicability, trees with a trunk diameter of six inches or greater may only be cut down, killed or effectively destroyed if such trees meet one or more of the following standards:
(1)
In addition to other provisions of this section,
a maximum of five trees with a trunk diameter of six inches or more
on a lot may be cut down in a one-year period.
(2)
The "thinning of woods" is specifically permitted,
provided that selective cutting is used instead of clearcutting, and
provided that a maximum of 15% of trees six inches or more in diameter
in a lot are cut down and provided that the treecutting is clearly
intended to promote the healthy development of the remaining trees.
(3)
Trees may be cut down if the applicant proves
that it is necessary to allow reasonable development of the lot as
part of an approved development plan or building permit (after considering
reasonable alternatives, such as adjusting the location of a building,
street or driveway). For example, trees may be cut down where necessary
in the following situations:
(a)
The trees would be located within 10 feet of
an existing or proposed uncurbed vehicle cartway or stormwater detention
basin or paved area or street light or fire hydrant.
(b)
The trees would be located within three feet
of an existing or proposed vehicular cartway, parking area, vehicle
shoulder, utility corridor, sidewalk or driveway.
(c)
The trees would be located within 25 feet of
a proposed on-site sewage system or the structural walls of the new
or expanded structure.
(d)
The trees would be located within the area of
proposed use that needs to be kept open, such as the fairway of a
golf course.
(e)
The locations of the trees would be affected
by unavoidable significant grade changes.
(f)
The trees would be an unresolvable hazard to
a public utility.
(4)
Trees may be cut down if they are clearly a
hazard to the public safety, such as being a sight distance hazard,
an obstruction to a traffic signal or stop sign or a danger to existing
buildings.
(5)
Trees may be cut down if they are dead, mostly
dead or clearly not healthy, such as trees that are diseased, unresolvably
pest-infected or clearly near the extreme end of their life span.
(6)
Trees may be cut down if the majority of their
root system would need to be destroyed or the root system would need
to be covered by paving or significant grade changes.
E.
Protection of trees during construction.
(1)
Reasonable efforts shall be taken during any
construction to ensure that trees protected by this section are not
intentionally or accidentally injured or effectively destroyed, including
root compaction by equipment and materials, mechanical damage or change
in grade level.
(3)
A tree protection area shall be designated on
development plans. This area to be protected shall include the outer
limits of land areas ("the dripline") under the branches of trees.
(4)
Fencing. The tree protection area shall be separated
from all construction, storage and vehicle areas by a substantial
temporary fence with a minimum four-foot height. Such fence may include
snow fencing or wood planks or strong wires or ropes attached to metal
posts or a similar secure method. The fence shall be kept in good
repair. Such fence shall be removed only after completion of the work.
Trees that are to be removed may also be used as a temporary buffer
to protect trees to be preserved.
(5)
The following shall not occur within the defined
tree protection area:
(a)
Paving (other than sidewalks). [NOTE: Where
practical, sidewalks should (but are not required to) curve around
and/or be placed as far from the trunk as possible or be placed outside
of the dripline of a tree.].
(b)
Storage of building materials, equipment, debris
or fill.
(c)
Movement of motorized vehicles or equipment.
(d)
Grade changes or unnecessary compaction of soil.
(6)
If vehicles will need to cross through areas
of trees, a defined fenced path shall be established. The tree protection
area should be noted with prominent signs such as "Tree Protection
Area - Please Keep Out." Such fences and signs shall be removed upon
completion of the work.
(7)
Root and limb protection. The cutting of root
systems of trees to be protected shall be minimized. When activity
must occur under the dripline of a tree to be protected, tunneling
is recommended instead of trenching. Limbs should be trimmed or tied
back if likely to be damaged during construction.
(8)
A concrete washout area shall not be located
in close proximity to the tree protection area.
(9)
Layout. Buildings and other features of a development
shall be laid out to maximize the preservation of healthy mature trees.
For example, building and paving areas should be designed so that
trees are located within islands of sufficient size.
(10)
Replacement of trees.
(a)
If tree(s) that were required by the Township
to be protected and preserved are killed, removed or otherwise destroyed,
then the Township shall require the applicant or developer to replace
such tree(s) with approved species of trees with a minimum trunk diameter
of four inches measured at one foot above the average grade level.
(b)
This replacement provision shall not limit the
Township's ability to also seek fines or other enforcement actions
and remedies under this ordinance or the Subdivision and Land Development
Ordinance.
A.
Intent. This section is intended to provide a process for the Township to carefully review unusual or highly complex proposed land uses (especially industrial uses involving toxic or highly hazardous or explosive substances) to determine the threat of significant hazards to the public health and safety and/or future noncompliance with the performance standards of Article XVI.
B.
If a reasonable doubt exists whether a proposed use
will comply with the performance standards of this Article, the Board
of Supervisors may require the applicant for a zoning or occupancy
permit to fund such reasonable and necessary studies to determine
the use's compliance with the performance standards. Such studies
shall be completed by expert(s) selected by the Board of Supervisors.
Such studies should be completed in written form within 90 days after
the submittal of an application for a zoning or occupancy permit.
C.
The applicant shall be required to provide such information
to the appropriate reviewer designated by the Board of Supervisors
to allow an accurate determination of potential hazards.
D.
If a reasonable doubt exists that a use would violate
the performance standards of this ordinance, the Board of Supervisors
may require a use to fund such reasonable and necessary independent
monitoring to ensure its compliance.
