[Amended 11-12-1996 by Ord. No. 3-1996; 9-22-2003 by Ord. No. 5-2003; 7-19-2004 by Ord. No. 6-2004; 11-13-2006 by Ord. No. 5-2006; 8-14-2017 by Ord. No. 5-2017]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety,
and the general welfare of its citizenry. Therefore, the Board of
Supervisors of Willistown Township does hereby order as follows.
A.
Intent. The intent of this article is to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within Willistown Township unless
a permit has been obtained from the Floodplain Administrator.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other chapter provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the article, which shall remain in full force and effect, and for
this purpose the provisions of this article are hereby declared to
be severable.
E.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this article is considered reasonable
for regulatory purposes and is based on accepted 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
any identified floodplain areas, or that land uses permitted within
such areas, will be free from flooding or flood damages. This article
shall not create liability on the part of the Willistown Township
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
A.
Designation of Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce
this article and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may: (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.
(2)
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Chairman of the Board
of Supervisors.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any area of Willistown Township.
C.
Duties and responsibilities of Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended),[1] and the United States Clean Water Act, Section 404, 33,
U.S.C. § 344. No permit shall be issued until this determination
has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
(3)
In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
proposed cost of improvements or repairs and the pre-improvement market
value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(4)
In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
(5)
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.
(6)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(7)
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.
(8)
The Floodplain Administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this article including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
(9)
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program as requested.
(10)
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.
(11)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Willistown. Such
application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other access
ways; and
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under 34 Pa.Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
(d)
The following data and documentation:
[1]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[2]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (See § 73-19A.) when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of flood-proofing
measures which have been incorporated into the design of the structure
and/or the development.
[5]
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable to
the municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
E.
Review by Chester 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 may be submitted by
the Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, by the Floodplain Administrator. The issuance
of a development permit does not refer to the zoning approval.
(2)
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
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.
(3)
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.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; 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;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(3)
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.
A.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of the township of Willistown classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated September
29, 2017, 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; and
(b)
Any community identified flood hazard areas.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township of Willistown and
declared to be a part of this article.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
Within any floodway area, no new construction or development
shall be allowed unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office.
(2)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(b)
The AE Area without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
[1]
No encroachments, including fill, new construction, substantial
improvements, or other development, shall be permitted in an AE Zone
without floodway unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed development, together with all other existing
and anticipated development, would not result in an increase in flood
levels within the entire community during the occurrence of the base
flood discharge.
[2]
No new construction or development shall be located within the
area measured 100 feet landward from the top-of-bank of any watercourse
unless the appropriate permit is obtained from the Department of Environmental
Protection's regional office.
(3)
A Area/District.
(a)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(b)
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. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(4)
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In Zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
(5)
Community Identified Flood Hazard Areas shall be those areas where
Willistown Township has identified local flood hazard or ponding areas,
as delineated and adopted on a "Local Flood Hazard Map" using best
available topographic data and locally derived information such as
flood of record, historic high-water marks, soils or approximate study
methodologies.
(6)
Additional areas.
(a)
To the extent that there shall be any lands in Willistown Township
not covered by the Flood Insurance Study referred to above, the Floodplain
Conservation District shall be as shown on other official zoning maps
of Willistown Township or a map or maps specifically designated as
a Willistown Township Floodplain Conservation District Map, either
or both or all of which are hereby made a part of this article and
which shall be available to the public at the Township offices.
(b)
The Floodplain Conservation District shall include all lands
designated by the following map symbols and mapping unit names on
map sheets of the Chester and Delaware Counties soil reports of the
Soil Conservation Service, United States Department of Agriculture:
|
Map Symbol
|
Mapping Unit Name
|
|---|---|
|
We
|
Wehadkee silt loam
|
|
Ch
|
Chewacla silt loam
|
(c)
Silt loams and local alluvium, while not displaying all of the
characteristics common to the alluvial soils indicated in the preceding
tables, may be subject to periodic flooding. For this reason, they
shall be considered an integral part of a floodplain network. However,
they may be exempted from the provisions of this article where it
is determined that such exemption would not have the effect of nullifying
the purpose of this article. Those cases in which silt loams and local
alluvium are involved shall be referred to the Planning Commission,
which shall examine such case and recommend either compliance with
or exemption from the provisions of this article and shall attach
any conditions appropriate to meet the purposes of this article; provided,
however, that this subsection shall not apply to any areas in Willistown
Township covered by the Flood Insurance Study referred to above.
C.
Changes in identification of 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. See § 73-20A(2) for situations where FEMA notification is required.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
of Willistown and any party aggrieved by this decision or determination
may appeal to the Board of Supervisors. The burden of proof shall
be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
General.
(1)
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 municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's 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)
When Willistown Township proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including, but not limited to, installing culverts and
bridges), the applicant shall (as per 44 CFR 65.12):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR 67.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this article and any other applicable
codes, ordinances and regulations.
(4)
In accordance with Article XII, Riparian Buffer Area Conservation District, within any identified floodplain area, no new construction or development shall be located within the area measured 100 feet landward from the top-of-bank of any watercourse.
(5)
Permitted uses. In the Floodway District, the following uses and activities and no others are permitted, provided that they are in compliance with the requirements of § 73-21 and with the provisions of the underlying zoning district and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment:
(a)
Agricultural uses, excepting those that: require till, require
chemical application or include the grazing of animals. In addition,
agricultural operations must utilize soil conservation practices consistent
with an approved conservation plan. Such uses shall be located outside
Zone 1 of the Riparian Buffer Area Conservation District and shall
not be permitted in Zone 2 along those portions of Ridley and Crum
Creeks that are designated as "exceptional value" or "high-quality
special protection waters" by the Commonwealth of Pennsylvania.
(b)
Public or private open space, exclusive of structures and impervious
cover, without disturbance of vegetation.
(c)
Accessory residential uses such as yard areas, gardens and play
areas, provided such uses are located outside Zone 1 of the Riparian
Buffer Area Conservation District and are consistent with the provisions
of Zone 2 of said District.
(d)
Other uses as permitted by right or by conditional use in the
Riparian Buffer Area Conservation District.
(6)
For all uses permitted under this District, the Township shall consider
all relevant factors and procedures specified in other sections of
the Code and the following:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No proposed use, development
or activity shall be permitted that will cause any increase in flood
levels in the Floodway District.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use and its contents to flood
damage, and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed use
to the community.
(f)
The requirements of the use for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(l)
The potential direct or indirect impacts to the Riparian Buffer
Area Conservation District from the use proposed.
(m)
The potential direct or indirect impacts to those portions of
the Ridley and Crum Creeks that are designated as "exceptional value"
or "high-quality special protection waters" by the Commonwealth of
Pennsylvania.
B.
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article VIII, then the following provisions apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including the basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 73-19B(3) of this article.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including the basement) at or above the
highest adjacent grade at least as high as the depth number specified
on the FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including the basement) elevated up to, or above, the regulatory
flood elevation, or be designed and constructed so that the space
enclosed below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 73-19B(3) of this article.
(c)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(d)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
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. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
(e)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[1]
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include, at a minimum:
[2]
Flood emergency operation plan detailing the procedures to be
followed during a flooding event, and must include information pertaining
to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
[a]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[b]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[c]
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
[d]
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[e]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
(f)
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 latest revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
(3)
Space below 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]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space installed
on two separate walls.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
chapter, must comply with all chapter requirements that do not preclude
the structure's continued designation as an historic structure. Documentation
that a specific chapter requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from chapter
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
C.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. Within any identified floodplain area, the use of fill shall
be prohibited. No variance shall be granted.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site waste disposal system shall be located
within any identified floodplain area.
(d)
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 73-20D Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(12)
Equipment.
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The Standards and Specifications
contained in 34 Pa. Code (Chapters 401-405), as amended and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this chapter, to the extent that they are more
restrictive and supplement the requirements of this chapter.
(a)
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Sections
R104, R105, R109, R322, Appendix E, and Appendix J.
D.
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in § 73-21A below, shall be prohibited. No variance shall be granted.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which: will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be prohibited.
The following list of materials and substances are considered dangerous
to human life:
(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)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(s)
Any other dangerous materials or substances regulated by the
appropriate federal or state agencies.
E.
Special requirements for subdivisions and development. All subdivision
proposals and land development proposals containing at least 10 lots
or at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
F.
Special requirements for manufactured homes. Within any identified
floodplain area, manufactured homes shall be prohibited. No variance
shall be granted.
G.
Special requirements for recreational vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. No variance
shall be granted.
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 following activities
shall be prohibited within any identified floodplain area:
(1)
The commencement of any of the following activities; or the construction,
enlargement, or expansion of any structure used, or intended to be
used, for any of the following activities:
(a)
Hospitals.
(b)
Nursing homes.
(c)
Jails or prisons.
(d)
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.
(e)
Any filling in the Floodplain Conservation District or relocation
of any watercourse.
(f)
Sanitary landfill, dump, junkyard, outdoor storage of vehicles
and/or materials.
(g)
On-site sewage disposal system.
A.
Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 73-19B(3).
(2)
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.
(3)
The above activity shall also address the requirements of the 34
Pa. Code, as amended and the 2009 IBC and the 2009 IRC or most recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Within any Floodway Area/District [see § 73-19B(1)], no new construction or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(5)
Within any AE Area/District without Floodway [see § 73-19B(2)], no new construction or development shall be located within the area measured 100 feet landward from the top-of-bank of any watercourse unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(7)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this article.
A.
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township of Willistown Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
B.
Variance procedures and conditions. Requests for variances shall be considered by the Township of Willistown Zoning Hearing Board in accordance with the procedures contained in § 73-18K and the following:
(1)
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In the A Area/District, BFEs are determined using the methodology in § 73-19B(3).
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Township of Willistown Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this article.
(6)
In reviewing any request for a variance, the Township of Willistown
Zoning Hearing Board shall consider, at a minimum, the following:
(7)
A complete record of all variance requests and related actions shall
be maintained by the Township of Willistown Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
C.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
