[Amended 10-14-1975 by Ord. No. 1616]
In addition to the goals listed in § 182-102 of this chapter, the districts established in this Article are intended to achieve the following:
A.
To preserve the open character of large areas of the
Township which are now dominated by or are particularly suited to
institutional and quasi-public uses.
B.
To encourage a harmonious pattern of institutional
development which can mutually benefit the Township and the institutions
themselves.
C.
To provide suitable areas for recreation and open
space for residents of Haverford Township and to protect the same
from encroachment from other types of developments.
D.
To conserve and protect land adjoining streams which
periodically overflow their banks in the interest of protecting public
health, safety and welfare and to the interest of preserving the ecological
balance in such areas.
[Amended 12-12-1977 by Ord. No. 1689]
A.
Specific intent. It is the purpose of this district
to encourage the development of institutional uses in accordance with
approved standards, to ensure the compatibility of institutional uses
with surrounding land use and to promote the planning for the location
of future institutional uses serving a regional population.
B.
Use regulations. In any INS District, land, buildings
or premises shall be used for any one of the following uses:
[Amended 9-30-1985 by Ord. No. 1934; 10-11-1994 by Ord. No.
2212]
(1)
Uses by right.
(a)
Public community center, public library or public
park, after providing opportunity for public comment on the proposed
facility consistent with the state's open meeting laws.
(b)
Municipal building or municipal public works
facility, after providing opportunity for public comment on the proposed
facility consistent with the state's open meeting laws.
(c)
Churches, chapels, convents or similar religious
institutions, including rectories or parish houses.
(2)
Conditional uses if authorized by the Board of Commissioners after review by the Township Planning Commission and in accordance with the procedures for conditional uses provided in Article XII of this chapter.
(a)
General, medical or surgical hospitals, mental
health care agencies or facilities, convalescent or nursing homes
or similar health facilities.
(b)
Public or private educational institutions,
including colleges, elementary and secondary schools and nursery schools,
but not including business or trade schools, dance studios or similar
facilities.
(c)
Cemeteries and crematoriums, provided that no
crematorium shall be located closer than 200 feet to a residential
district boundary line.
(d)
Governmental uses and facilities not specifically
defined above.
(3)
Uses by special exception. The following additional
uses, whether as a primary or accessory use when authorized by the
Zoning Hearing Board as a special exception:
(a)
The installation and/or construction of satellite
dishes, earth station satellites and television satellites.
(4)
Accessory uses. Only the following accessory
uses shall be permitted:
(a)
Playfields or recreational or fitness facilities
in conjunction with a permitted main use.
[Amended 3-12-2012 by Ord. No. 2658]
(b)
Dormitories.
(c)
Day care, as an accessory use to a church or
public school, provided that off-street parking requirements for the
main use have been met.
(d)
Living accommodations for watchmen or caretakers
of the permitted institution.
(e)
Offices of staff doctor.
(f)
Dining or food service establishments when operated in conjunction with a public use identified in § 182-602B(1)(a) above, including a takeout window or food kiosk.
[Added 3-12-2012 by Ord. No. 2658]
(g)
Solar energy equipment.
[Added 3-12-2012 by Ord. No. 2657]
C.
Area and bulk regulations. The following regulations
shall be observed:
(1)
Lot size: two acres minimum.
(2)
Street frontage: 150 feet minimum.
(3)
Building coverage: 20% maximum.
(4)
Front yard: 100 feet minimum.
(5)
Side yards: 50 feet minimum each.
(6)
Rear yard: 75 feet minimum.
(7)
Height: 35 feet maximum or three stories; provided,
however, that the height of a building may be increased to a maximum
height of 60 feet or five stories by providing two feet of additional
front, rear and side yard setbacks for each one additional foot of
height of the building above 35 feet.
[Amended 1-10-2000 by Ord. No. 2327]
(8)
Impervious surface ratio: 40% maximum.
[Added 12-13-1993 by Ord. No. 2189]
D.
Special development regulations. The following regulations
shall be observed:
(1)
In the case of living accommodations accessory to a main institutional use as permitted in Subsection B(2) hereof, the lot area, exclusive of that provided around a main building, shall not be less than 1,200 square feet per apartment and not less than 10,000 square feet per individual house intended for occupancy by the family of a resident staff member or other employee of an institution.
(2)
The tract of land on which each permitted use
is conducted shall, in its entirety, be owned and operated as a single
or common management and maintenance unit, with common open spaces,
parking, utility, maintenance and service facilities and services.
E.
Future use of institutional lands.
(1)
Because of the unique character of institutional
land, it is not necessarily true that land zoned so as to permit one
institutional use by right or by condition may be suitable to permit
another use of a different character even though that use may also
be permitted as a use by right or by condition in the Institutional
District.
(2)
It is the intent of this section that provision
be made to ensure a reasonable choice of appropriate uses for a property
presently zoned for institutional use. In the event of the nonuse,
abandonment or change in the current use of any institutionally zoned
land, the Planning Commission, on its own motion or upon petition
for rezoning, shall review the specific site and make a recommendation
to the Board of Township Commissioners concerning the most appropriate
use for the site and shall recommend a zoning district classification
for the Zoning Map to accommodate such use.
(3)
No substantial change to the use or character of the use or occupancy of any existing institutional facility, whether it is a use by right, conditional use or use by special exception or whether such change is implemented by the current owner or occupant of the facility, may be made without first receiving permit approval from the Haverford Township Zoning Officer, so that a determination may be made that the proposed change is consistent with the provisions and intent of this Code. Such permit must be applied for pursuant to the provisions of § 182-902 of this chapter.
[Added 10-11-1994 by Ord. No. 2212]
F.
Off-street parking regulations. Off-street parking regulations shall be as required by § 182-707 of this chapter, except that no parking shall be allowed within 50 feet of an R-1, R-2 or R-3 Residential District or within 25 feet of an R-4-or-higher-density residential district.
G.
Off-street loading regulations. Off-street loading regulations shall be as required by § 182-708 of this chapter.
A.
Specific intent. It is the purpose of this district
to encourage the provision of outdoor recreational opportunities,
to protect existing outdoor recreational uses, to promote the planning
for future sites in accordance with the comprehensive park and recreation
plan of the Township and to preserve and maintain open space within
Haverford Township.
B.
Use regulations.
(1)
Uses by right. In any ROS District, land or
premises shall be used by right for only one or more of the following
uses:
(2)
Accessory uses. Only the following accessory
uses shall be permitted:
(a)
Accessory uses on the same lot with and customarily incidental to any of the uses permitted in the district, including signs as permitted in § 182-701, storage facilities, snack bars, pro shops and offices associated directly with the permitted use.
(b)
Solar energy equipment.
[Added 3-12-2012 by Ord. No. 2657]
(3)
Specific declaration of use intent. The intent
of this section is to encourage uses which will allow the enjoyment
of recreation and open space land with minimal detrimental impact
on the land and its resources. Accordingly, the Board of Commissioners
specifically states that it does not intend the uses permitted in
this district as either primary or accessory uses to be interpreted
so as to allow such intensive recreational uses as amusement parks,
racetracks, day camps or permanent stadiums, except that bleacher
seats accommodating up to 50 individuals may be erected in conjunction
with permitted playing fields or courts.
C.
Area and bulk regulations.
(1)
No structures shall be permitted in an ROS District unless such structures are clearly incidental to the primary use of the land and are intended for accessory uses as permitted by Subsection B(2) hereof.
(2)
Regulations for accessory structures shall be
as follows:
(a)
Lot size: no minimum.
(b)
Street frontage: none required.
(c)
Building coverage: 5%.
(d)
Front yard: 75 feet minimum.
(e)
Side yard: 35 feet minimum for each side yard.
(f)
Rear yard: 50 feet minimum.
(g)
Height: 12 feet or one story.
(h)
Impervious surface ratio: 15% maximum.
[Added 12-13-1993 by Ord. No. 2189]
D.
Off-street parking regulations. Off-street parking regulations shall be as required by § 182-707 of this chapter.
[Amended 3-13-1977 by Ord. No. 1670; 12-13-1993 by Ord. No. 2188; 12-14-2009 by Ord. No. 2587]
A.
Statutory authorization and specific intent.
[Amended 4-8-2013 by Ord. No. 2685]
(1)
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 Commissioners of the Township of Haverford does hereby order as
follows.
(2)
Specific
intent. It is the intent of this section to regulate development of
lands in the Township which are subject to periodic flooding for the
following purposes:
(a)
To protect the ecology of the floodplain and promote the general
health, safety and welfare of the community.
(b)
To encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future or downstream
bank erosion.
(c)
To minimize danger to public health and safety by protecting
water supply, sanitary sewage disposal and natural drainage.
(d)
To 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.
B.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, the
construction, reconstruction, substantial improvement, enlargement,
alteration or relocation of any structure (including manufactured
homes) or any other development of a structure or grounds within an
identified one-hundred-year floodplain area or flood-prone area as
set forth in the Flood Insurance Study (FIS) and on its attached Flood
Insurance Rate Maps (FIRMs) prepared and approved by the Federal Emergency
Management Agency, Community No. 420417, Map Panel Numbers 42045C0038F,
42045C0039F, 42045C0043F, 42045C0101F, 42045C0102F, 42045C0104F, 42045C0106F,
42045C0107F and 42045C0108F, dated November 18, 2009, or any revisions
or amendments thereto, and made a part thereof by reference, including
any digital data developed as part of the flood study, unless an approved
building permit has been obtained from the Township Code Enforcement
Office. The above referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Township of Haverford and declared
to be a part of this chapter.
[Amended 9-8-2015 by Ord.
No. 2759]
C.
Severability, abrogation and greater restrictions.
[Amended 9-8-2015 by Ord.
No. 2759]
(1)
If any section, subsection, paragraph, sentence, clause, or
phrase of this section shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this section,
which shall remain in full force and effect, and for this purpose
the provisions of this section are hereby declared to be severable.
(2)
This section supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
Code 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 section, the more restrictive
shall apply.
D.
Liability. The degree of flood protection sought by the provisions
of this section is considered reasonable for regulatory purposes in
the identified floodplain area(s). Larger floods may occur on rare
occasions. Flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris or upstream
development. This section does not imply that areas outside any identified
floodplain areas will be free from flooding or flood damages. This
section shall not create liability upon the Township, its officers
or employees for any flood damages that result from reliance on this
section or any administrative decision lawfully made thereunder.
E.
Administration.
[Amended 4-8-2013 by Ord. No. 2685]
(1)
The Township Zoning Officer, having been designated to administer and enforce this chapter at § 182-901A, shall be referred to herein as the Floodplain Administrator. The Floodplain Administrator will fulfill the duties and responsibilities set forth in these regulations and may, at his/her discretion, delegate such duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, 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 Haverford
Township Manager or his designee.
(3)
No encroachment, alteration, relocation 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 and until all adjacent municipalities
which may be affected by such action have been notified by the Haverford
Township and until all required permits or approvals have been first
obtained from the Department of Environmental Protection Regional
Office, the Federal Emergency Management Agency and the Pennsylvania
Department of Community and Economic Development.
(4)
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least .50 lot or at least
five acres, whichever is the lesser, all or partially located in flood
hazard areas where base flood elevation data are not available, shall
be supported by hydrologic and hydraulic engineering analyses that
determine base flood elevations and floodway information. The analyses
shall be prepared by a licensed professional engineer in a format
required by FEMA for a conditional letter of map revision or letter
of map revision. Submittal requirements and processing fees shall
be the responsibility of the applicant.
(5)
Building permit(s) shall be required before any proposed construction
or development is undertaken within any identified floodplain or flood-prone
area of Haverford Township. The Township Floodplain Administrator
shall issue a building permit 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. No building
permit shall be issued until all other required permits have been
obtained from any other office or agency.
(6)
Application procedures. Applications for such a building permit
shall be made in writing to the Township Floodplain Administrator
on forms supplied by the Township. Such applications shall include
the following minimum information:
[Amended 9-8-2015 by Ord.
No. 2759]
(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 constructor.
(d)
Location of site.
(e)
If the proposed construction involves new construction, the
horizontal expansion or addition to or substantial improvement of
an existing structure within an identified flood prone area, an elevation
certificate prepared by a licensed professional engineer or land surveyor
with the proposed lowest floor, basement and floodproofing elevations
based upon North American Vertical Datum of 1988 shall be provided.
(f)
Brief description of proposed work and estimated cost.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(h)
The date of construction of the existing structure.
(i)
The current market value of the existing structure.
(7)
Building permits. A copy of all applications and plans for new
construction in any flood-prone area to be considered for approval
shall be submitted by the Township Floodplain Administrator to the
following offices or agencies for recommendations and/or comments:
(8)
Other permit issuance requirements. Prior to the issuance of
any building permit, the Floodplain Administrator shall review the
application for a permit to determine if all other necessary governmental
permits, such as those required by state and federal laws, have been
obtained, including those required by Act 537, the Pennsylvania Sewage
Facilities Act;[1] the Water Obstruction Act of 1913;[2] and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1334. No permit shall
be issued until this determination has been made.
(9)
Changes/as-builts. After the issuance of a building 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. A certificate by an engineer or surveyor must be filed with the Code Enforcement Office in accordance with Ordinance No. 1960, Chapter 58, Building Construction, § 58-2C.
(10)
Placards. In addition to the building permit, the Floodplain
Administrator shall issue a placard which shall be conspicuously displayed
on the premises during the time construction is in progress. This
placard shall show the number of the building permit and the date
of its issuance and shall be signed by the Floodplain Administrator
and Building Code Official.
(11)
Provisions involving time limitations for the validity of a permit, inspection requirements, revocation procedures and required permit fees shall be governed under Chapter 58, Building Construction, of the General Laws of Haverford Township, and are hereby incorporated as if fully set forth herein.
(12)
Notices; hearings; orders; appeals.
(a)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
section, or of any regulation adopted pursuant thereto, such authority
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
[1]
Be in writing.
[2]
Include a statement of the reasons for its issuance.
[3]
Allow a reasonable time for the performance of
any act it requires.
[4]
Be served upon the property owner or his agent
as the case may require; provided, however, that such notice or order
shall be deemed to have been properly served with such notice by any
other method authorized or required by the laws of this state.
[5]
Contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter,
or any part thereof, and with the regulations adopted pursuant thereto.
(b)
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this section,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Township Zoning Hearing
Board, provided that such person files with the Township Zoning Officer
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 30 days after the notice
was served. The filing of the request for a hearing shall operate
as a stay of the notice and the suspension. Upon receipt of such petition,
the Township Zoning Officer shall set a time and place for such hearing
and shall give the petitioner written notice thereof. At such hearing
the petitioner shall be given an opportunity to be heard and to show
why such notice shall be modified or withdrawn. The hearing shall
be commenced not later that 60 days following the date on which the
petition was filed.
(c)
Findings and order. After such hearing, the Township Floodplain
Administrator and Township Zoning Hearing Board shall make findings
as to compliance with the provisions of this chapter and regulations
issued thereunder and shall issue an order, in writing, sustaining,
modifying or withdrawing the notice which shall be served as provided
in § 182-604E(9)(a).
(d)
Record and appeals. The proceedings at such a hearing, including
the finding and decision of the Zoning Hearing Board, together with
a copy of every notice and order related thereto, shall be entered
as a matter of public record in the Township of Haverford. Any person
aggrieved by a decision of the Zoning Hearing Board may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of this commonwealth.
(13)
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator, the Haverford Township Zoning Hearing Board or any other authorized employee of the municipality shall be guilty of an offense and shall be subject to the enforcement remedies and penalty provisions contained in § 182-901G and H of this chapter. In default of any fine or penalty imposed by a court of competent jurisdiction, such person shall be imprisoned in county prison for a period not to exceed 10 days.
F.
Floodplain provisions/variances.
(1)
No construction or development.
(a)
No construction, development, fill or other placement of an
obstruction shall take place within any identified floodplain or flood-prone
area of the Township of Haverford.
(b)
Repairs, improvements or modifications to an existing structure
which amount to less than 50% of the market value are permitted, provided
that such work does not result in the horizontal expansion or enlargement
of the structure.
(c)
Water and sanitary sewer facilities and systems are permitted
to be repaired or replaced, subject to the following:
[Added 4-8-2013 by Ord. No. 2685]
[1]
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.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within any
identified floodplain area except in strict compliance with all state
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
(2)
Identification.
(a)
FLOOD-FRINGE AREA
FLOOD-PRONE
FW (FLOODWAY AREA)
GENERAL FLOODPLAIN AREA
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The remaining portions of the one-hundred-year floodplain
in those areas identified as an AE Zone in the FIS, where a floodway
has been delineated. The basis for the outermost boundary of this
area shall be the one-hundred-year flood elevations as shown in the
flood profiles contained in the FIS.
Those areas denoted as having alluvial soils on the most
recent soil survey of the Soil Conservation Service,[3] United States Department of Agriculture, or any area measured
50 feet landward from the top-of-bank of any watercourse.
The areas identified as "floodway" in the AE Zone in the
Flood Insurance Study (FIS) prepared by FEMA. 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 FIS.
Those areas of the Township of Haverford which have been
identified as Zone A in the FIS for which no one-hundred-year flood
elevations have been provided. When available, information from other
federal, state, and other acceptable sources shall be used to determine
the one-hundred-year elevation, as well as a floodway area, if possible.
When no other information is available, the one-hundred-year elevation
shall be determined by using a point on the boundary of the identified
floodplain area which is nearest the construction site in question.
In lieu of the above, the applicant may be required 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 Township.
[3]
Editor's Note: Now the Natural Resources Conservation Service.
(b)
The identified floodplain area may be revised or modified by
the Township Board of Commissioners where studies or information,
provided by a qualified agency or person documents the need for such
revision or modification. However, prior to any change to the special
flood hazard area, approval must be obtained from the Federal Emergency
Management Agency. 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.
[Amended 4-8-2013 by Ord. No. 2685]
(c)
Should a dispute concerning any identified floodplain boundary
arise, any party aggrieved by such determination may appeal from any
decision by the Township Floodplain Administrator or any other authorized
employee of the municipality. The burden of proof shall be on the
appellant. Technical or scientific data shall be submitted by the
applicant to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR
or a conditional letter of map revision (CLOMR) are required are:
[Amended 4-8-2013 by Ord. No. 2685]
(3)
Variances.
(a)
All of the information required in § 182-1005, as well as:
[1]
A plan which accurately delineates the area which is subject
to flooding, the location of the proposed construction, the location
of any other flood-prone development or structures and the location
of any existing or proposed stream improvements or protective works.
Included shall be all plans for proposed subdivision and land development
in order to assure that:
[a]
All such proposals are consistent with the need
to minimize flood damage.
[b]
The proposed lowest floor and basement elevations
based upon North American Vertical Datum of 1988.
[c]
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located, elevated and constructed
to minimize or eliminate flood damage.
[d]
Adequate drainage is provided so as to reduce exposure
to flood hazards.
[2]
Such plan shall also include existing and proposed contours;
the elevation of the one-hundred-year floodplain, flood depths, velocities
and other applicable information such as pressures and impact and
uplift forces associated with the one-hundred-year flood; size of
structures; location and elevations of streets; water supply and sanitary
sewage facilities; soil types; and floodproofing measures.
[3]
Sufficient details for the following shall be submitted to assure:
[Added 4-8-2013 by Ord. No. 2685[4]]
[a]
All buildings and structures (including manufactured
homes) 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;
[c]
Building materials are flood-resistant;
[d]
Appropriate practices that minimize flood damage
have been used;
[e]
Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities have been designed
and located to prevent water entry or accumulation.
[f]
Fully enclosed space below the lowest floor (excluding
basements) which will be used solely for the parking of a vehicle,
building access, or incidental storage in an area other than a basement,
shall be designed and constructed to allow for the automatic entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "fully enclosed space" also includes
crawl spaces. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect, or meet
or exceed the following minimum criteria:
[i]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[ii]
The bottom of all openings shall be no higher
than one foot above grade.
[iii]
Openings may be equipped with screens, louvers,
or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
[4]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection F(3)(a)[3] as Subsection F(3)(a)[4].
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces and other hydrodynamic and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a detailed description of the type and extent of floodproofing measures which have been incorporated into the design of the structure, including the design requirements for water and sanitary sewer provisions in Subsection F(1)(c) above. The statement should also provide supplemental information as may be necessary under 34 Pa. Code, Chapters 401 to 405, as amended, and any applicable provisions of the International Building Code or International Residential Code in effect at the time of permit application.
[Amended 4-8-2013 by Ord. No. 2685]
(b)
Notwithstanding the provisions of this section, no variance
shall be granted for:
[2]
The commencement of, or any construction of, a new manufactured
home park or manufactured home park, subdivision or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[3]
Any new or substantially improved structure which will be used
for the production or storage of any of the following dangerous materials
or substances or which will be used for any activity requiring the
maintenance of a supply (more than 550 gallons or other comparable
volume of any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzene.
[d]
Calcium carbide.
[e]
Carbon disulfide.
[f]
Celluloid.
[g]
Chlorine.
[h]
Hydrochloric acid.
[i]
Hydrocyanic acid.
[j]
Magnesium.
[k]
Nitric acid and oxides of nitrogen.
[l]
Petroleum products (gasoline, fuel oil, etc.).
[m]
Phosphorus.
[n]
Potassium.
[o]
Sodium.
[p]
Sulphur and sulphur products.
[q]
Pesticides (including insecticides, fungicides
and rodenticides).
[r]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief. If it should become necessary to grant
any variance, the applicant shall be required to comply with all applicable
requirements of the National Flood Insurance Program Regulations (60.3),
including the requirements for elevation, floodproofing and anchoring
and no increase in the one-hundred-year flood elevations within the
floodway. Within any identified floodplain area, the lowest floor
(including basement) of any new construction, or any substantial improvement
to an existing structure, shall be at least 1 1/2 feet above
the one-hundred-year flood elevation. Except for those used solely
for the parking of a vehicle, building access, or incidental storage,
fully enclosed spaces below the lowest floor shall be prohibited.
The applicant must also comply with any other requirements considered
necessary by the Zoning Hearing Board.
[Amended 9-8-2015 by Ord.
No. 2759]
(d)
In granting any variance, the Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare and to achieve the
objectives of this subsection.
(e)
Whenever a variance is granted, the Township shall notify the
applicant, in writing, that:
[1]
The granting of the variance may result in increased premium
rates for flood insurance.
[2]
Such variances may increase the risks to life and property.
[3]
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 Haverford Township
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office. In
addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by Haverford Township prior to any alteration or relocation of any
watercourse.
(4)
Within any identified floodplain area, recreational vehicles
shall be prohibited.
[Added 4-8-2013 by Ord. No. 2685]
G.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
ONE-HUNDRED-YEAR FLOOD or BASE FLOOD
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE (for floodplain management purposes)
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VIOLATION
Definitions. Unless specifically defined below or as defined in § 182-106B of this chapter, words and phrases used in this section shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this section its most reasonable application.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
[Added 4-8-2013 by Ord. No. 2685]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 4-8-2013 by Ord. No. 2685]
Any area of the building having its floor subgrade (below
ground level) on all sides.
See "structure."
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
[Amended 4-8-2013 by Ord. No. 2685]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 4-8-2013 by Ord. No. 2685]
A general and temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 4-8-2013 by Ord. No. 2685]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 4-8-2013 by Ord. No. 2685]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
[Amended 4-8-2013 by Ord. No. 2685]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Amended 4-8-2013 by Ord. No. 2685]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Amended 4-8-2013 by Ord. No. 2685]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
any addition, change or modification in construction, exit facilities
or permanent fixtures or equipment.
Structures for which the start of construction commenced
on or after April 8, 2013, and includes any subsequent improvements
to such structures. Any construction started after July 5, 1977, and
before April 8, 2013, is subject to the ordinance in effect at the
time the permit was issued, provided the start of construction was
within 180 days of permit issuance.
[Amended 4-8-2013 by Ord.
No. 2685; 9-8-2015 by Ord. No. 2759]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added 4-8-2013 by Ord. No. 2685]
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard or change the direction of the flow of water either
in itself or by catching or collecting debris, corroding such water,
or is a place where the flow of water might carry the same downstream
to the damage of life or property.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
[Added 4-8-2013 by Ord. No. 2685]
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and 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.
[Added 4-8-2013 by Ord. No. 2685]
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building,
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the costs equal or exceed 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include:
[Amended 4-8-2013 by Ord. No. 2685]
Any project for improvement of a structure to correct existing
violation of state or local health, sanitary, or safety code specifications
which have been identified by the Code Enforcement Official and which
are the minimum necessary to assure safe living conditions.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this chapter,
must comply with all requirements of this section that do not preclude
the structure's continued designation as a historic structure. Documentation
that a specific requirement of this section will cause removal of
the structure from the National Register of Historic Places or the
Pennsylvania inventory of historic places must be obtained from the
Secretary of the Interior or the Pennsylvania Historic Preservation
Officer. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
H.
Abrogation and greater restrictions. The provisions of this section
shall supersede any ordinances, codes or portions thereof currently
in effect regulating flood-prone areas. However, any ordinance, code
or portion thereof shall remain in full force and effect to the extent
that its provisions are more restrictive.
