The standards and requirements in this article
are intended to afford appropriate levels of protection to those natural
features within Westtown Township that represent significant resource
opportunities to the Township and its surrounding region or which,
when subject to undue disturbance, may constitute threats to public
health, safety, and welfare. The Township considers adherence to these
standards a basic prerequisite to any land development or disturbance
otherwise authorized under this chapter or other regulations, and
has designed the balance of this chapter to work in harmony with the
terms of this article. The Township reserves the right to hire professionals,
at the expense of the land owner or developer, to assess adherence
to these standards.
[Amended 11-4-1996 by Ord. No. 96-17; 10-16-2006 by Ord. No. 2006-3; 9-5-2017 by Ord. No. 2017-3]
A. Statutory authorization. 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 the Township does hereby order as follows.
B. Intent. The intent of this section 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 and safety by protecting water
supply, sanitary sewage disposal, and natural drainage.
(4)
Protect the quality and quantity of surface and subsurface water
supplies adjacent to and underlying floodplain areas.
(5)
Contribute to the protection of stream waters against sedimentation;
the prevention of stream bank erosion; the maintenance of cool water
temperatures; and the preservation of fish and wildlife habitats,
through the protection of trees and other riparian vegetation.
(6)
Maintain the scenic and aesthetic character of the streams and
stream valleys, consistent with the goals of the Westtown Township
Comprehensive Plan.
(7)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing the unwise design and construction
of development in areas subject to flooding.
(8)
Fulfill the responsibility of the Township as a trustee of the people's right to clean air, pure water, and the preservation of the natural, scenic, historic and aesthetic values of the environment pursuant to Article
I, Section 27 of the Pennsylvania Constitution.
(9)
Comply with federal and state floodplain management requirements.
C. Applicability. Provisions of all other codes, ordinances, and regulations
shall be applicable insofar as they are consistent with the provisions
of this chapter and Westtown Township's need to minimize the hazards
and damage resulting from flooding. It shall be unlawful for any person,
partnership, business or corporation to undertake, or cause to be
undertaken, any construction or development anywhere subject to floodplain
regulations unless a permit has been obtained from the floodplain
administrator.
D. Establishment of floodplain regulations. Floodplain regulations shall
be applicable to those areas of Westtown Township, Chester County,
which are classified as Special Flood Hazard Areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs) for Westtown Township, Chester County, Pennsylvania,
as prepared by the Federal Emergency Management Agency (FEMA), dated
September 29, 2017, or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study, and
the Soil Survey of Chester and Delaware Counties, as prepared by the
United States Department of Agriculture, Soil Conservation Service.
The above referenced FIS and FIRMs, and any subsequent revisions and
amendments are hereby adopted by Westtown Township and declared to
be a part of this section. Floodplain regulations shall be comprised
of three subareas, as follows:
(1)
Floodway Area (F1): An area identified as the "floodway" as
established in the Flood Insurance Study referenced above and shown
on the accompanying Flood Insurance Rate Map as Zone AE. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
The floodway area is required to carry and discharge the waters of
the base flood elevation without increasing the water surface elevation
at any point more than one foot above existing conditions.
(2)
Flood-Fringe Area (F2): An area identified as an AE Zone in
the Flood Insurance Study referenced above and shown on the accompanying
Flood Insurance Rate Map, where a floodway has been delineated.
(a)
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. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in a floodway
or 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.
(3)
General Floodplain Area (F3): An area subject to inundation
by the base flood, where a detailed study has not been performed,
but where a base flood elevation boundary has been approximated by
the Flood Insurance Study and shown as Zone A on the Flood Insurance
Rate Map referenced above. Where the specific base flood elevation
cannot be determined for this area using other sources of data such
as the U.S. Army Corps of Engineers, Floodplain Information Reports,
U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant
for the proposed use, development and/or activity shall determine
this elevation in accordance 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 concepts, studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow
a thorough technical review by the Township.
(4)
Revisions, amendments, and modifications.
(a)
The delineation of areas subject to floodplain regulations may
be revised, amended and modified by the Westtown Township Board of
Supervisors in compliance with the National Flood Insurance Program
when:
[1]
There are changes through natural or other causes.
[2]
Changes are indicated by future detailed hydrologic and hydraulic
studies.
[3]
Where studies or information provided by a qualified agency
or person documents the need for such revision.
(b)
Additionally, as soon as practicable, but not later than six
months after the date such information becomes available, the Township
shall notify FEMA of the changes to the special flood hazard area
by submitting technical or scientific data.
E. Boundary dispute. Should a dispute concerning any boundary subject to floodplain regulations arise, an initial determination shall be made by the Zoning Officer. Any party aggrieved by this decision may appeal to the Zoning Hearing Board under the provisions of Article
XXI of this chapter. The burden of proof shall be on the appellant.
F. Administration.
(1)
Designation of the floodplain administrator. 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: (A) Fulfill the duties and responsibilities set
forth in these regulations, (B) Delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees, or (C) 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 Township 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.
(a)
In the absence of a designated floodplain administrator, the
floodplain administrator duties are to be fulfilled by the Township
Engineer.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken in areas subject to floodplain regulations.
(3)
Duties and responsibilities of the floodplain administrator.
(a)
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.
(b)
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); and the U.S. Clean Water Act, Section
404, 33, U.S.C. 1344. No permit shall be issued until this determination
has been made.
(c)
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 preimprovement
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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 for whatever action it considers
necessary.
(h)
The floodplain administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this section including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(i)
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.
(j)
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.
(k)
The floodplain administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the floodplain administrator on forms supplied by Westtown Township.
Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction
is to occur.
[3]
Name and address of contractor.
[4]
Site location including address.
[5]
Listing of other permits required.
[6]
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.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
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:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this section and
all other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems are located 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, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the floodplain
administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a] North arrow, scale, and date;
[b] Topographic contour lines, if available;
[c] The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d] The location of all existing streets, drives, and
other accessways; and
[e] 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.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[a] The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988;
[b] The elevation of the base flood;
[c] 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.
[4]
The following data and documentation:
[a] Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[b] If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[c] Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development subject to floodplain regulations (see §
170-401D) when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[d] A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
[e] Detailed information needed to determine compliance with §
170-401I, Activities specifically prohibited when subject to floodplain regulations, including:
[i]
The amount, location and purpose of any materials or substances referred to in §
170-401I which are intended to be used, produced, stored or otherwise maintained on site.
[ii]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in §
170-401I during a base flood.
[f] The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[g] Where any excavation or grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection,
to implement and maintain erosion and sedimentation control.
(d)
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.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development subject to floodplain
regulations 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.
(6)
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.
(7)
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.
(8)
Start of construction. 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 development permit does not refer to
the zoning approval.
(a)
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.
(b)
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.
(9)
Enforcement and penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the floodplain administrator or any other authorized employee of the Township shall be subject to the procedures, enforcement action, fines and/or penalties as set forth within Chapter
170, Articles
XXI and
XXIII, of the Township's Zoning Ordinance.
(10)
Appeals.
(a)
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 as specifically provided for in Chapter
170, Article
XXI, of the Township Zoning Ordinance. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the floodplain administrator.
(b)
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and Article
XXI of the Township Zoning Ordinance.
(c)
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.
G. Uses permitted in floodways area (F1).
(1)
The following uses (exclusive of buildings and paving) are permitted
in the floodway area. However, within any floodway area (F1), no new
construction, development, use, activity, or encroachment shall be
permitted unless the effect of such development on flood heights is
fully offset by accompanying stream improvements which have been approved
by all appropriate local and/or state authorities. When a landowner
or developer proposes to offset the effects of development in the
floodway area by construction of stream improvements, he/she shall
submit a hydrologic and hydraulic analysis performed in accordance
with standard engineering practice which fully evaluates the effects
of such construction. The report shall use the base flood as herein
defined as the basis of analysis. All adjacent communities and the
Pennsylvania Department of Community and Economic Development shall
be notified by the landowner and/or developer by certified mail of
all such intended activities prior to any alteration or relocation
of a watercourse and shall submit copies of such notification to the
Federal Emergency Management Agency. In addition, the landowner and/or
developer shall assure the Township, in writing, that the flood-carrying
capacity within the altered or relocated portion of the water course
in question will be maintained.
(a)
Agricultural uses, such as general farming, pasture, orchard,
grazing, outdoor plant nurseries, and truck farming. Such activities
should be conducted in accordance with a plan approved by the Chester
County Conservation District and recognized soil conservation practices
approved by the Township.
(b)
Selective cutting of trees provided further that desirable mature
shade trees are not totally eliminated, that particular attention
is paid to retaining such trees within 25 feet of any stream bank,
and that no such trees growing within or upon a stream bank shall
be removed unless dead, diseased, or damaged and threatening the stability
of the bank.
(c)
Recreational uses, such as park, camp, picnic grounds, golf
course, golf driving range, archery ranges, hiking and riding trails,
fishing areas, game farm, fish hatchery, wildlife sanctuary, nature
preserve and swimming areas.
(d)
Passive open space uses, including private yard area.
(e)
Construction of crossings of the floodway area by railroads,
roads, bridges, and utility transmission lines that would not result
in any increase in the flood level during the occurrence of the base
flood.
(f)
Sealed water supply wells and water pipe lines.
(g)
Storm and sanitary sewer outlets, which shall take the shortest
route across the area subject to floodplain regulations to the point
of discharge.
(2)
The following shall not be placed or caused to be placed in
the designated floodway area: fences (except that which are necessary
and appurtenant to agricultural uses and are either designed to permit
the automatic entry and exit of floodwaters or collapse during flood
events to permit the unimpeded flow of floodwaters), other matters
which may impede, retard or change the direction of the flow of water
or that will catch or collect debris carried by such water, or that
are placed where the natural flow of the stream or floodwaters would
carry the same downstream to the damage or detriment of either public
or private property adjacent to the floodplain. The placement of mobile
homes shall not be permitted in any designated floodway area.
H. Uses permitted in flood-fringe area (F2) and general floodplain area
(F3).
(1)
The following uses are permitted in the flood-fringe (F2) and
general floodplain area (F3).
(a)
Uses permitted within the floodway area as provided in Subsection
E above.
(b)
Sewage treatment plants and pumping stations when constructed
to prevent flooding of the facilities.
(c)
Placement of recreational vehicles, provided that when subject
to floodplain regulations recreational vehicles shall:
[1]
Be on the site for fewer than 180 consecutive days; and
[2]
Be fully licensed and ready for highway use, i.e., on its wheels
or jacking system and attached to the site by quick-disconnect utilities
and security devices with no permanently attached additions.
(2)
No development or use of land shall be undertaken when the effect
of such development or use of land, when combined with all other existing
and anticipated development, would increase the water surface elevation
at any point above the base flood elevation unless the effect of such
development on flood heights is fully offset by accompanying stream
improvements which have been approved by all appropriate local and/or
state authorities. When an owner and/or developer proposes to offset
the effects of development by construction of stream improvements
or to install fill or alter or relocate a watercourse, he/she shall
submit an engineering study prepared by a registered professional
engineer which fully evaluates the effects of such construction. The
report shall use the base flood elevation as herein defined as the
basis of analysis. All adjacent communities and the Pennsylvania Department
of Community and Economic Development shall be notified by the developer
by certified mail of all such intended activities prior to any alteration
or relocation of a watercourse and the developer shall submit copies
of such notification to the Federal Emergency Management Agency. In
addition, the developer shall assure the Township, in writing, that
the flood-carrying capacity within the altered or relocated portion
of the watercourse in question will be maintained.
(3)
All uses, activities, and other developments shall be undertaken
in strict compliance with the floodproofing and related provisions
contained herein, and in all other applicable codes, ordinances and
regulations.
(4)
No new construction or development shall be located within the
area measured 75 feet landward from the top-of-bank of any watercourse.
I. Activities specifically prohibited in areas subject to floodplain regulations. Any use or activity not authorized as a permitted use under the terms of Subsections
G and
H above shall be prohibited in areas subject to floodplain regulations. In particular, the following activities, whether proposed in conjunction with a permitted use or otherwise, shall not occur in any area subject to floodplain regulations:
(1)
Clear-cutting of trees, or the clearing of vegetation, except
where such clearing is necessary:
(a)
To prepare land for a use permitted by Subsections
G and
H above, or by action of the Zoning Hearing Board. Where clear-cutting is proposed in conjunction with the site of a stormwater management basin, such clear-cutting shall be authorized only when in accordance with an approved plan for development which the basin is to serve;
(b)
As a reforestation measure; or
(c)
As a means to eliminate dead, diseased, or hazardous tree stands.
Where a clear-cutting operation is deemed permissible for one of the
above reasons, it shall be consistent with the terms of a woodland
management plan approved by the Board of Supervisors. Under no circumstances
shall a clear-cutting operation be conducted within 25 feet of a stream.
(3)
Storage of any material which, if inundated, would float, or
of any flammable or toxic material or any other material which, if
inundated or otherwise released to the stream, would degrade or pollute
the stream, or cause damage if swept downstream.
(4)
Toxic chemicals.
(a)
Storage of, and the construction, enlargement or expansion of
any structure which would be used for the production, storage, or
maintenance of, a supply of the following toxic chemicals which are
dangerous to human or animal life:
[11] Nitric acid and oxides of nitrogen.
[12] Petroleum products (gasoline, fuel oil, etc.).
[16] Sulfur and sulfur products.
[17] Herbicides or pesticides (including insecticides,
fungicides and rodenticides).
[18] Radioactive substances, insofar as such substances
are not otherwise regulated.
[19] Any other dangerous materials or substances regulated
by the appropriate federal or state agencies.
(b)
Further, any substantial improvement to an existing structure
which will be used for the production or storage of any such materials
or substances, or which will be used for any activity requiring the
maintenance of a supply (more than 110 gallons or other comparable
volume or any amount of radioactive substances) of any such materials
or substances on the premises, shall be prohibited.
(5)
Installation of individual or community on-lot sewage disposal
systems.
(6)
The construction, enlargement, or expansion of mobile homes,
mobile home parks, mobile home subdivisions, manufactured homes, or
manufactured home parks or subdivisions.
(7)
The construction, enlargement, or expansion of hospitals (public
or private).
(8)
The construction, enlargement, or expansion of nursing homes
(public or private).
(9)
The construction, enlargement, or expansion of jails or prisons.
J. Nonconforming structures and uses subject to floodplain regulations. Nonconforming structures and uses of land subject to floodplain regulations shall be regulated under the provisions of Article
XIX of this chapter, but the following additional regulations also shall apply.
(1)
Existing nonconforming structures or uses located in the floodway
area (F1) shall not be expanded or enlarged.
(2)
The modification, alteration, repair, reconstruction, or improvement of any kind to a nonconforming structure or use in a floodway area (F1) and the modification, expansion, enlargement, alteration, repair, reconstruction, or improvement of any kind to a nonconforming structure or use located in a flood-fringe area (F2) or general floodplain area (F3) must be authorized as a special exception by the Zoning Hearing Board under the provisions of Article
XX of this chapter. In considering such special exceptions, the Zoning Hearing Board shall apply the following standards and criteria:
(a)
The modification, alteration, repair, reconstruction or improvement
of any structure in the floodway area (F1) shall be permitted only
where the rise in flood heights caused by the proposed development
is fully offset by accompanying improvements.
(b)
The proposed change is consistent with the spirit, purpose,
and intent of this chapter.
(c)
The proposed use is feasible and suitable in relation to the
land use capabilities of the property in question, particularly its
capabilities in terms of a suitable water supply, drainage, sewage
disposal, topography, soil conditions, and ecological consideration.
(d)
The proposed change will serve the best interests of the Township,
the convenience of the community, where applicable, and the public
welfare.
(e)
The adequacy of sanitation and public safety provisions, where
applicable, is assured and a certificate of adequacy or permit for
sewage and water facilities has been obtained from the Chester County
Health Department or other appropriate governmental agencies required
herein or deemed advisable by the Zoning Hearing Board.
(f)
If improvements to the floodway area (F1), or any filling or alterations to the elevation of the ground in the floodway area (F1), flood-fringe area (F2) or general floodplain area (F3), or any alterations or relocations of any perennial stream are contemplated, the Zoning Hearing Board shall determine that the developer has complied with the provisions of Subsections
E and
F, above, with regard to the effect of such filling or alterations on base flood elevations and has notified in writing, by certified mail, all adjacent communities which may be affected by such alterations and has submitted copies of such notification to the Township, the Pennsylvania Department of Community and Economic Development, and the Federal Emergency Management Agency and has, in addition, obtained a permit from the Pennsylvania Department of Environmental Protection Regional Office.
(g)
Any modification, alteration, repair, reconstruction, expansion,
or improvement of any kind to a nonconforming structure or use located
in the floodway area to an extent or amount less than 50% of its market
value shall be elevated and/or floodproofed to the greatest extent
possible.
(h)
Any modification, alteration, repair, reconstruction, expansion,
or improvement of any kind to a nonconforming structure or use, regardless
of location within areas subject to floodplain regulations, to an
extent or amount of 50% or more of its market value shall be undertaken
only in full compliance with the provisions of this and any other
applicable ordinances.
(i)
All structures shall be constructed and placed on the lot so
as to offer the minimum obstruction to the flow of water and shall
be designed to have a minimum obstruction effect upon the flow and
height of floodwater.
(j)
Any structure or site listed in or determined eligible for the
National Register of Historic Places (NRHP) undergoing repair or rehabilitation
that would constitute a "substantial improvement" as defined in this
chapter shall comply with all ordinance requirements that do not preclude
the structure's continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the NHRP or the State Inventory of Historic Places shall be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from ordinance requirements shall be the minimum
necessary to preserve the historic character and design of the structure.
(k)
Nonconforming structures and uses shall be undertaken in strict
compliance with the floodproofing and related provisions contained
herein, and in all other applicable federal, state and local codes,
ordinances and regulations, including those of the Pennsylvania Department
of Environmental Protection and the Chester County Conservation District.
(3)
If an existing manufactured home has incurred substantial damage
as a result of a flood, the home must:
(a)
Be elevated on a permanent foundation such that the lowest floor
is elevated 1 1/2 feet or more above the base flood elevation;
and
(b)
Be securely anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement.
K. Alteration or relocation of watercourses. Any alteration or relocation
of any perennial stream required for the construction or conduct of
permitted uses subject to floodplain regulations, including nonconforming
uses, and any of the aforesaid modifications, alterations, or relocations
required in order to gain access across land subject to floodplain
regulations shall be designed and constructed in accordance with the
following:
(1)
The developer shall submit a copy of a notification prepared,
in writing, by certified mail to the Federal Emergency Management
Agency, the Pennsylvania Department of Community and Economic Development,
and to adjacent communities which may be affected by modifications
to the elevation of ground in a floodplain, or alterations or relocations
of streams.
(2)
The developer shall submit a copy of a permit from the Pennsylvania
Department of Environmental Protection Regional Office, for the modifications
to the grade or alterations or relocations to the stream, or evidence
from the said Pennsylvania Department of Environmental Protection
Regional Office that such a permit is not required.
(3)
Proposed fills shall meet the following minimum standards. Plans submitted under the provisions of this subsection shall be subject to the review and approval of the Board of Supervisors according to procedures set forth in Chapter
149, Subdivision of Land.
(a)
Fill shall consist of soil or rock materials only. Sanitary
landfills shall not be permitted.
(b)
Fill material shall be compacted to provide the necessary stability
and resistance to erosion, scouring, or settling.
(c)
Fill slopes shall be no steeper than one vertical on three horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Zoning Officer.
(d)
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
(e)
Care shall be taken to prevent erosion and sedimentation due
to proximity to the stream. The Township Engineer shall approve the
proposed erosion/sedimentation control methodology.
(4)
Modifications to the floodplain or stream courses shall be undertaken
in strict compliance with the floodproofing and related provisions
contained herein, and in all other applicable federal, state and local
codes, ordinances and regulations, including those of the Pennsylvania
Department of Environmental Protection and the Chester County Conservation
District.
L. Special requirements for subdivisions and land development. All subdivision
proposals and land development proposals containing at least 50 lots
or at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
M. Installation of utility facilities subject to floodplain regulations.
Where utility lines or on-site facilities are required to be installed
or replaced in an area subject to floodplain regulations, the following
minimum standards shall apply:
(1)
Water facilities. All new or replacement water facilities, whether
public or private, shall be designed to minimize or eliminate infiltration
of floodwaters into the system, and be located and constructed to
minimize or eliminate flood damages.
(2)
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities, and private package sewage treatment plants (including
all pumping stations and collector systems, whether public or private)
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 to minimize or
eliminate flood damage and impairment.
(3)
Drainage. Storm drainage facilities, whether public or private,
shall be designed to convey the flow of stormwater runoff in a safe
and efficient manner.
(4)
All other new or replacement public or private utilities and
facilities shall be designed to minimize or eliminate infiltration
of floodwaters into the system, and be located and constructed to
minimize or eliminate flood damages.
N. Minimum floodproofing standards. Where a special exception has been requested under the provisions of Subsection
H above, in which it is anticipated that a structure or use will be modified, altered, repaired, reconstructed, expanded or improved in any way, when a sewage treatment plant or pumping station is contemplated under the provisions of Subsection
F above, or where a special exception or variance is granted under the provisions of Subsection
L below, the following minimum standards shall apply to floodproofing:
(1)
Within any floodway area (F1), flood-fringe area (F2) or general
floodplain area (F3), the lowest floor (including basement) of any
new or improved residential structure shall be not less than 1 1/2
feet above the base flood elevation. Any nonresidential structure,
or part thereof, made watertight below the regulatory flood elevation
shall be floodproofed in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above referenced standards. 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.
(2)
If fill is used to raise the finished surface of the lowest
floor to the base flood elevation, such fill shall extend beyond a
structure for a sufficient distance to provide acceptable access.
For residential structures, fill shall extend laterally 15 feet beyond
the building line from all points. For nonresidential structures,
fill shall be placed to provide access acceptable for intended use.
At-grade access, with fill extending laterally 15 feet beyond the
building line, shall be provided to a minimum of 25% of the perimeter
of a nonresidential structure.
(3)
For all new construction and substantial improvements, fully
or partially enclosed areas below the lowest floor (excluding basements)
located within the floodplain 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 automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must be certified by a registered professional engineer and must meet
or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area installed
on two separate walls.
(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 they permit the automatic entry and exit of floodwaters.
(4)
All air ducts, large pipes and storage tanks located at or below
the base flood elevation shall be firmly anchored to resist flotation.
(5)
Depending on the type of structure involved, the following information
shall also be included in the application and maintained on record
by the Zoning Officer:
(a)
For structures to be elevated to the base flood elevation:
[1]
A plan showing the size of the proposed structure and its relation
to the lot where it is to be constructed.
[2]
A determination of elevations of the existing ground, proposed
finished ground, lowest floors, to be certified by registered professional
engineer, surveyor or architect.
[3]
Plans showing the method of elevating the proposed structure,
including details of proposed fills, pile structures, retaining walls,
foundations, erosion protection measures, etc. These plans shall be
prepared by a registered professional engineer or architect.
[4]
Plans showing the methods used to protect utilities (including
sewer, water, telephone, electric, gas, etc.) from flooding to the
base flood elevation at the building site.
(b)
For structures to be floodproofed to the base flood elevation
(nonresidential structures only):
[1]
A registered professional engineer or architect shall develop
the structural design, specifications, and plans showing details of
all floodproofing measures, and showing the size of the proposed structure
and its relation to the lot where it is to be constructed. The plan
must include a determination of elevations of existing ground, proposed
finished ground, lowest floors and floodproofing limits.
[2]
A certificate prepared by the registered professional engineer or architect who prepared the plans in §
170-401F(4), above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[a] Below the base flood elevation the structure is
watertight with walls substantially impermeable to the passage of
water.
[b] The structure will withstand the hydrostatic, hydrodynamic,
buoyant impact and other forces resulting from the flood depths, velocities,
pressures, and other factors associated with the base flood elevation.
[3]
A certificate must be provided to the Township which includes
the specific elevation (in relation to mean sea level) in North American
Vertical Datum of 1988 to which the structures are floodproofed to
be maintained with the Township Zoning Officer.
(6)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(d)
Power lines, wiring, and outlets will be at least 1 1/2
feet above the base flood elevation.
(e)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(f)
Sanitary facilities are prohibited.
(g)
Lateral movement and shall be designed to automatically provide
for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[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.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(h)
If a variance is granted, a signed declaration of land restriction
(nonconversion agreement) shall be recorded on the property deed prior
to issuance of the certificate of occupancy.
(i)
The storage of hazardous materials in accessory structures is
prohibited.
O. Hardships.
(1)
When the provisions of this §
170-401 are deemed by the applicant to be unreasonable or to create a substantial hardship, the applicant shall have a right to:
(a)
In the case of applications for permitted uses under Subsections
G or
H, above, make an appeal to the Zoning Hearing Board in accordance with the provisions of Article
XXI of this chapter.
(b)
In the case of an appeal to the Zoning Hearing Board for a special exception under the provisions of Subsection
J, above, supply additional testimony and evidence to the Zoning Hearing Board as part of his request for relief from such hardship.
(2)
All decisions on such appeals shall adhere to the following
criteria:
(a)
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
section 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.
(b)
The Zoning Hearing Board shall not grant a variance or special
exception for any construction, development, use or activity within
an area subject to floodplain regulations that would cause any increase
in the base flood elevation.
(c)
The Zoning Hearing Board shall grant special exceptions only
upon a showing of good and sufficient cause; a determination that
failure to grant the appeal would result in exceptional hardship to
the applicant; and a determination that the granting of an appeal
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, creation of nuisance,
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(d)
The Zoning Hearing Board shall grant a special exception only
upon determination that it is the minimum necessary to afford relief,
considering the flood hazard. In the case of requirements for floodproofing,
the highest feasible class of floodproofing as defined by floodproofing
regulations promulgated by the U.S. Army Corps of Engineers, shall
be provided.
(e)
The Zoning Hearing Board shall not grant a special exception
for new construction and substantial improvements of residential structures
within Zones AE and A as shown on the Flood Insurance Rate Map having
the lowest floor (including basement) 1.5 feet above base flood elevation.
(f)
The Zoning Hearing Board shall notify the applicant in writing over the signature of the Chairman of the Zoning Hearing Board that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance; and such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection
O(2)(g) below.
(g)
The Zoning Hearing Board shall maintain a record of all decisions
including justification for their issuance and report such decisions
issued in its annual report submitted to the Federal Emergency Management
Agency.
(h)
No special exception or variance shall be granted for any requirement pertaining to developments which may endanger human life [as described in §
170-401I(4),
(6),
(7),
(8), and
(9) of this chapter], hospitals, nursing homes, jails/prisons or manufactured home parks in accordance with the Pennsylvania Flood Plain Management Act, P.L. 851, No. 166 of 1978, as amended.
(i)
Upon receiving an application for a special exception or variance,
the Zoning Hearing Board shall, prior to rendering a decision thereon,
require the applicant to furnish such of the following material as
is deemed necessary by the Board:
[1]
Plans in triplicate drawn to scale showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses;
photographs showing existing uses and vegetation; soil types and other
pertinent information.
[2]
A series of cross-sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel and elevation of adjoining
land areas to be occupied by the proposed uses, and high water information.
Cross-sections shall be field-run topography based on a known USGS
benchmark.
[3]
Profile showing the slope of the bottom of the channel.
[4]
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, and water supply and sanitary
facilities.
[5]
Computation of the increase, if any, in the height of the base
flood which would be attributable to any proposed uses.
[6]
A deed notation or lease notation, to be placed on record to run with the land, which notation shall contain the following provision: "This lot is entirely (partially) within an area subject to floodplain regulations as defined by Article
IV of the Westtown Township Zoning Ordinance."
(j)
In considering any application for a special exception or variance,
the Zoning Hearing Board may request at the hearing the testimony
of any Township Board, Commission, or technical advisor concerning
the extent to which the proposed use would diminish the capacity of
areas subject to floodplain regulations to store and absorb floodwaters,
to moderate flood velocities, and to accommodate sediment; be subject
to flood damage; cause erosion and impair the amenity of areas subject
to floodplain regulations; or adversely affect the area contiguous
to areas subject to floodplain regulations as well as areas downstream;
or on any other pertinent aspect of the case.
(k)
In all proceedings before the Zoning Hearing Board, including
application for special exception from the provisions of this section,
the burden of proof shall be on the applicant to show that the use
required will be in general conformity with the objectives of this
section, that proper safeguards will be observed, and that the use
will not be injurious to the public health, safety, and general welfare.
(l)
The applicant shall demonstrate that the use will be in accordance
with all applicable federal, state and local agency codes, ordinances
and regulations including those of the Pennsylvania Department of
Environmental Protection and the Chester County Conservation District,
and that permits will be obtained from these agencies as a condition
of receiving a building or construction permit from Westtown Township
for the work identified in the application to the Zoning Hearing Board.
(m)
Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipal Planning Code and any
other local ordinance.
(n)
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.
[Added 3-3-2003 by Ord. No. 2003-2;
amended 5-2-2005 by Ord. No. 2005-4]
A. No new principal or accessory building or use, parking
or commercial or industrial storage area shall be located within a
minimum of 75 feet from the top bank of a perennial creek.
B. Where the majority of existing trees and shrubs are
removed from areas between a perennial creek and a distance of 75
feet from the top bank of such creek, new trees and shrubs shall be
planted and maintained that will have the same or better impact upon
controlling erosion and filtering pollutants from runoff.
[Added 3-3-2003 by Ord. No. 2003-2]
A. Forestry, as defined by §
170-201, shall be permitted by right in all zoning districts. These provisions in §
170-408 shall only apply to the removal of trees for use as firewood or wood products that are unrelated to any current or prospective development of land or buildings. Tree cutting as part of current or prospective development shall be regulated by §
170-404. The cutting down of trees of less than six inches trunk diameter is not regulated by this §
170-408. For the purposes of this section, all trunk diameters shall be measured at 3.5 feet above the ground level.
B. On any lot, a maximum of 10% of the trees of six inches
or more trunk diameter may be cut down in any calendar year without
a zoning permit.
C. On any lot, if more than 10% of the trees of six inches or more trunk diameter are proposed to be cut down in any calendar year, then a Township zoning permit shall be required. This §
170-408 shall not regulate Christmas tree farms. If such forestry involves more than one acre of forested land, then the following additional requirements shall apply:
(1)
The applicant shall submit a written forest
management plan prepared by a professional forester that shows that
the land will be managed according to accepted professional standards
to result in the long-term productivity of the forest and that shows
and describes the extent of tree cutting. The forestry shall comply
with the management plan.
(2)
The applicant shall submit and comply with a
soil and sedimentation control plan. This plan shall include, but
not be limited to, measures to address creek and wetland crossings
and logging roads.
(3)
Clearcutting shall be prohibited, except for
areas that need to be cleared to construct a use or structure that
has received Township approval.
(4)
A minimum of 20% of the forest cover (canopy)
shall be kept and residual trees shall be well distributed.
D. No cutting down of live trees shall occur within a
street right-of-way without a Township permit, except for forestry
conducted by Penn DOT or its contractors or public utilities.
E. In any forestry operation, the majority of trees with
trunks located within 20 feet of a lot line or street right-of-way
shall not be cut down or otherwise killed.
F. Debris from any forestry operation shall be removed,
except as otherwise provided for in the forest management plan.