[Amended 10-25-1993 by Ord. No. 527]
A. The Floodplain Conservation District Map is incorporated into this chapter and shall be an overlay
district to the Zoning Map.
B. Identified floodplain area.
[Amended 12-14-2009 by Ord. No. 709]
(1) The
identified floodplain area shall be any areas of Middletown Township,
subject to the one-hundred-year flood, identified as a special flood
hazard area in the Flood Insurance Study (FIS) dated November 18,
2009, and the accompanying maps or most recent revisions thereof as
issued by the Federal Emergency Management Agency, including all digital
data developed as part of the Flood Insurance Study (FIS). The above-referenced
FIS and Flood Insurance Rate Map (FIRM) and any subsequent revisions
and amendments are hereby adopted by the Township of Middletown and
declared to be a part of this chapter. The identified floodplain area
shall consist of the following specific areas:
[Amended 11-8-2010 by Ord. No. 715]
(a)
The floodway area shall be those areas identified in the FIS
and the FIRM as "floodway" and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[Amended 8-24-2015 by Ord. No. 758]
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(b)
The AE Area 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.
[Amended 8-24-2015 by Ord. No. 758]
[1]
AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(c)
The A Area shall be those areas identified as an A Zone on the
FIRM included in the FIS prepared by FEMA and for which no base flood
elevations have been provided. For these areas, elevation and floodway
information from other federal, state, or other acceptable sources
shall be used when available. Where other acceptable information is
not available, the base flood elevation shall be determined by using
the elevation of a point on the boundary of the identified Floodplain
area which is nearest the construction site.
[Amended 8-24-2015 by Ord. No. 758]
(d) FA (General Floodplain Area) - The areas 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.
(2) In
lieu of the above, the municipality may require the applicant to determine
the elevation with hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualifications, who shall certify
that the technical methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough technical review
by the Township.
C. Amending
the map. The delineation of the FW, AE and A portions of the Floodplain
Conservation District may be revised, amended or modified by Council,
in compliance with the National Flood Insurance Program when:
[Amended 12-14-2009 by Ord. No. 709; 8-24-2015 by Ord. No. 758]
(1) There
are changes in flood elevations through natural or other causes.
(2) Different
locations are identified by additional hydrologic, hydraulic or soils
information.
D. The identified
floodplain area may be revised or modified by the Township Council
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change,
approval must be obtained from the Federal Emergency Management Agency
(FEMA). Additionally, as soon as practicable, but not later than six
months after the date such information becomes available, a community
shall notify the FEMA of the changes by submitting technical or scientific
data.
[Amended 12-14-2009 by Ord. No. 709; 11-8-2010 by Ord. No. 715]
[Amended 10-25-1993 by Ord. No. 527; 12-14-2009 by Ord. No.
709]
A. The following uses and no others shall be permitted in all identified
floodplain areas, provided that no buildings shall be erected.
[Amended 11-8-2010 by Ord. No. 715]
(1)
Permitted uses. The following uses shall be permitted, provided
that they will not cause an increase in the one-hundred-year flood
height:
(a)
Agricultural uses such as pastures, orchards, grazing and outdoor
plant nurseries. Such activities shall be conducted in accordance
with a plan approved by the Delaware County Soil and Water Conservation
District or recognized soil conservation practices approved by the
Township. No plowing shall be permitted.
(b)
Selective cutting of trees, provided that desirable mature shade
trees are not eliminated; particular attention is paid to retaining
trees within 25 feet of any stream bank; and no mature trees growing
upon a stream bank shall be removed unless dead, diseased or damaged
and threatening the stability of the bank.
(c)
Recreation uses such as parks, camps, picnic grounds, golf courses,
golf driving ranges, archery and shooting ranges, hiking and riding
trails, hunting and fishing areas, game farms and fish hatcheries,
provided that no tennis or basketball courts or other uses involving
significant paved areas and/or fences shall be permitted.
(2)
Conditional uses. The following uses are permitted only when Council grants a conditional use pursuant to a specific application. In considering applications for these conditional uses, Council shall be guided by the factors cited in §
275-174 of this article and Article
XXXVI of this chapter:
(a)
Storm and sanitary outlets, but not in the FW subdistricts;
(b)
Circuses, festivals and similar transient amusement enterprises.
(c)
Boat rentals, docks and piers.
(d)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive; are not prohibited by Subsection
A(4)(c) and
(d) below; are not subject to major damage by flooding; and provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
(e)
Other similar uses and activities, provided they cause no increase
in the one-hundred-year flood heights, velocities and/or direction
or otherwise represent a potential safety hazard. All uses, activities
and structural improvements shall be undertaken in strict compliance
with the floodproofing provisions contained herein and with all other
applicable codes and ordinances.
(3)
Accessory uses. Accessory uses, which do not involve structures,
customarily incidental to the permitted use or the approved conditional
use.
(4)
Activities and uses specifically prohibited. The following activities
and uses are not permitted whether proposed in conjunction with a
permitted use or otherwise in all identified floodplain areas.
[Amended 11-8-2010 by Ord. No. 715]
(a)
Clear-cutting.
[1]
Clear-cutting of trees or the clearing of vegetation, except
where such clearing is necessary to:
[a] The preparation of land for a permitted use or
approved conditional use;
[b] A reforestation measure; or
[c] A means to eliminate dead, diseased or hazardous
tree stands.
[2]
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 Council. Under no circumstances shall
a clear-cutting operation be conducted within 50 feet of a stream.
(c)
Storage of any material which, if inundated, would float; any
flammable or toxic material; any other material which, if inundated,
or otherwise released to the stream, would degrade or pollute the
stream or cause damage if swept downstream.
(d)
Under no circumstances will the following activities and/or
development be located, enlarged or expanded since they present a
special hazard to the safety and health of the public:
[1]
Hospitals (public or private).
[2]
Nursing homes (public or private).
[4]
Individual mobile homes, new mobile home parks, mobile home
subdivisions and substantial improvements thereto.
[5]
Production and/or storage of the following toxic chemicals and
the construction, enlargement or expansion of any structure which
would be used for the production, storage or maintenance of such toxic
chemicals:
[k] Nitric acid and oxides of nitrogen.
[l] Petroleum products (gasoline, fuel oil, etc.).
[p] Sulphur and sulphur products.
[q] Pesticides (including insecticides, fungicides
and rodenticides).
[r] Radioactive substances, insofar as such substances
are not otherwise regulated.
[s] Any other toxic and/or dangerous materials or substances
regulated by the appropriate federal or state agencies.
(e)
Depositing fill material.
(f)
No part of any on-lot or on-site sewage disposal system.
(g)
Any new construction, development, use, activity, or encroachment
that would cause any increase in flood heights.
B. Special floodplain area (A Area). Within any A Area (special floodplain
area), no new construction or development shall be allowed unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the elevation of the one-hundred-year flood more
than one foot at any point.
[Amended 8-24-2015 by Ord. No. 758]
C. Development of lots partially within the Floodplain Conservation
District. When part of a lot is in the Floodplain Conservation District
and part is in another district and the part in such other district
is to be developed, such development shall comply with the following:
(1)
To the extent not prohibited by other requirements of this chapter,
parts of lots within the Floodplain Conservation District may be counted
toward the minimum lot area and density requirements of the district
where the development, use or activity is to be located.
(2)
No part of any yard or setback required for any other district
may be located within the Floodplain Conservation District.
D. Existing nonconforming structures and uses. Existing structures and
land uses within the Floodplain Conservation District which do not
conform to the requirements of this section may continue but must
comply with the following:
(1)
Existing structures located in the Floodway (FW) shall not be
expanded or enlarged.
(2)
Any modification, repair, reconstruction or improvement of any existing structure in the Floodway (FW) must be authorized by the Zoning Hearing Board as a special exception and must comply with the requirements listed in §
275-174 and in the Building Code, provided that the cost of such construction shall not
exceed 50% of the fair market value of the structure prior to the
start of construction of the improvement. This term includes structures
which have incurred substantial damage.
(3)
Existing uses (other than structures) located in the Floodway
(FW) may be expanded only when authorized as a special exception by
the Zoning Hearing Board, provided that such expansion shall not cause
an increase in flood levels.
(4)
The expansion, enlargement or the substantial modification, alteration, repair, reconstruction or improvement of an existing structure or use located in the AE Area or A Area subdistricts must be authorized as a special exception by the Zoning Hearing Board and must comply with the requirements of §
275-174.
[Amended 8-24-2015 by Ord. No. 758]
(5)
No nonconforming structure located in the FW or AE Area subdistricts
which is destroyed to an extent that reconstruction would cost 50%
or more of its predamage fair market value shall be reconstructed.
[Amended 8-24-2015 by Ord. No. 758]
(6)
Council may authorize, as a conditional use, the expansion,
enlargement, alteration, repair, improvement or reconstruction of
any structure located in the Floodplain Conservation District which
is listed in or determined to be eligible for the National Register
of Historic Places or the Pennsylvania Inventory or Register of Historic
Places. In deciding upon any such application, Council shall consider
the degree to which the requested use will be essential to preserving
the structure and weigh the preservation benefits of the proposed
use against its potential impact on flood heights and velocities and
the flood hazards attendant to the structure itself. In no event shall
a conditional use be granted that would result in an increase in flood
heights within the Floodway (FW) subdistrict.
E. Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any A Area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
[Amended 8-24-2015 by Ord. No. 758]
(3)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
(4) Any
modification, alteration, reconstruction, or improvement of any kind
that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter.
[Added 11-8-2010 by Ord. No. 715]
F. Zoning applicable to land removed from the Floodplain Conservation
District. Should the Floodplain Conservation District, which is an
overlay district, become inapplicable to any tract by reason of amendment
by Council or interpretation by Township Engineer or the Zoning Hearing
Board or a court of competent jurisdiction, the zoning applicable
to such tract shall be that of the (underlying) district in which
the land is located.
[Amended 10-25-1993 by Ord. No. 527]
A. Burden of proof. The applicant for a conditional use or special exception must establish that the use proposed complies with all of the requirements of this section and the specific standards and criteria in Subsection
C below. At the hearing on such an application, opponents who seek the denial of the application should be prepared to identify and establish specific aspects of the proposed use which do not comply with this chapter.
B. Evidence in support of the application.
[Amended 12-14-2009 by Ord. No. 709]
(1)
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 one-hundred-year flood;
(c) If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood; and
(d) Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[Amended 11-8-2010 by Ord. No. 715]
(e) Supplemental information as may be necessary under 34 Pa. Code, Chapters
401-405 as amended, and Sections 1612.5.1, 104.7 and 109.3 of the
2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.
(2) The
following data and documentation:
(a) Documentation, certified by a registered professional engineer or
architect, to show that the cumulative effect of any proposed development
within an A Area (special floodplain area), when combined with all
other existing and anticipated development, will not increase the
elevation of the one-hundred-year flood more than one foot at any
point.
[Amended 8-24-2015 by Ord. No. 758]
(b) 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 one-hundred-year 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.
(d) The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
(e) Where any excavation of grading is proposed, a plan meeting the requirements
of the Department of Environmental Protection, to implement and maintain
erosion and sedimentation control.
C. Standards and criteria to be applied to applications.
(1)
In addition to the standards and criteria stated in Article
XXXVI of this chapter, Council, in deciding conditional use applications and the Zoning Hearing Board in deciding special exception applications, shall consider the following general criteria and apply the following specific standards:
(a)
General criteria.
[1]
The danger to life and property due to increased
flood heights or velocities caused by encroachments.
[2]
The danger that materials may be swept onto
other lands or downstream to injure persons or property.
[3]
The proposed water supply and sanitation systems
and ability of these systems to prevent contamination and unsanitary
conditions.
[4]
The susceptibility of the proposed use to flood
damage and the effect of such damage on the users.
[5]
The importance of the use to the community.
[6]
The need for a waterfront location for the use
and any unique characteristics of the site.
[7]
The availability of alternative locations not
subject to flooding.
[8]
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future.
[9]
The relationship of the proposed use to the
comprehensive plan and the flood management facilities and needs of
the area and the Township.
[10] The safety of and need for access
to the use, during flooding, by both ordinary and emergency vehicles.
[11] The expected heights, velocity,
duration, rate of rise and sediment transport of the floodwaters expected
at the site, the impact of these conditions on the proposed use and
of the use on these flood characteristics.
[12] The likelihood that the proposed
use will result in extraordinary public expense or create public nuisance.
[13] The possibility that the proposed
use will alter natural water flows or water temperatures.
[14] Any adverse effects, degradation
or destruction of historic sites, structures or wildlife habitats.
[15] Any adverse impact, during construction
or afterward, of the proposed use on stream bank and soil stability.
[16] Such other factors as are relevant
to the purposes and intent of this chapter.
(b)
Specific standards.
[1]
No conditional use or special exception shall
be granted for any proposed use, development or activity that will
cause any increase in flood levels during the one-hundred-year flood.
[2]
Elevation.
[Amended 12-14-2009 by Ord. No. 709]
[a] Any new development, construction or substantial
improvement to an existing structure shall have the lowest floor (including
basement) elevated to 1 1/2 feet above the one-hundred-year flood
level. All proposed lowest floor and basement elevations shall be
shown in relation to mean sea level, based upon the North American
Vertical Datum of 1988. However, in areas shown on the Federal Emergency
Management Agency's Flood Insurance Rate Map as "AE Area," the required
elevation shall be based on the profiles contained in the Flood Insurance
Study of Delaware County, Pennsylvania, prepared by FEMA dated November
18, 2009, as may be revised, with the lowest floor elevated a minimum
of 1 1/2 feet above the base flood height as shown therein. Also,
in areas where no detailed study has been done, the required elevation
shall be determined by selecting the point on the boundary of the
Floodplain Conservation District, nearest to the site in question
and locating the lowest floor of the structure 1 1/2 feet above
such elevation.
[Amended 8-24-2015 by Ord. No. 758]
[b]
Space below the lowest floor.
[i]
Partially enclosed and fully enclosed space below the lowest
floor (including basement) is prohibited.
[ii]
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401-405 as amended) and the 2003 IRC (Sections R323.2.2
and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2
and 1203.3.3) as amended.
[3]
All such structures shall be securely anchored
to prevent flotation, collapse and lateral movement and shall employ
construction materials and techniques to minimize flood damage. Appropriate
drainage shall be provided.
[4]
The provisions of all other federal and state
rules and regulations are applicable to such construction.
[5]
Required floodproofing measures may include,
without limitation because of specific enumeration, the following:
[a] Installation of watertight doors,
bulkheads and shutters.
[b] Reinforcement of walls to resist
water pressures.
[c] Use of paints, membranes or mortars
to reduce seepage of water through walls.
[d] Addition of mass or weight to structures
to resist flotation.
[e] Installation of pumps to lower
water levels in structures.
[f] Construction of water supply and
waste treatment systems so as to prevent the entrance of floodwaters.
[g]
Pumping facilities for subsurface external foundation wall and
basement floor pressures.
[h]
Construction to resist rupture or collapse caused by water pressure
or floating debris.
[i]
Cutoff valves on sewer lines or the elimination of gravity flow
basement drains.
[6] The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
[Amended 12-14-2009 by Ord. No. 709]
[a] Fill. If fill is used, it shall:
[i] Extend laterally at least 15 feet beyond the building
line from all points;
[ii] Consist of soil or small rock materials only;
sanitary landfills shall not be permitted;
[iii] Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
[iv] Be no steeper than one vertical to two horizontal
feet unless substantiated data, justifying steeper slopes, are submitted
to and approved by the Building Permit Officer; and
[v] Be used to the extent to which it does not adversely
affect adjacent properties. The provisions contained in the 2003 IBC
(Sections 1801.1 and 1803.4) shall be utilized.
[b] Water and sanitary sewer facilities and systems.
[i] All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[ii] Sanitary sewer facilities and systems shall be
designed to prevent the discharge of untreated sewage into floodwaters.
[iii] 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.
[c] Other utilities. All other utilities such as gas
lines, electrical and telephone systems shall be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood.
[d] Placement of buildings and structures. All buildings
and structures shall be designed, located, and constructed so as to
offer the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
[e] Anchoring.
[i] All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
[ii] 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.
[iii] The design and construction requirements of the
UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters
401-405 as amended) and contained in the 2003 IBC (Sections 1605.2.2,
1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1
& R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
[f] Floors, walls and ceilings.
[i] Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring perpendicular to the flooring grain without causing structural
damage to the building.
[ii] Plywood used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[iii] Walls and ceilings at or below the regulatory
flood elevation shall be designed and constructed of materials that
are water-resistant and will withstand inundation.
[iv] Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
[v] The provisions of the UCC pertaining to this subsection
and referenced in the 34 Pa. Code (Chapters 401-405, as amended) and
contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6
and 1404.2), the 2003 IRC (Sections R323.1.7 & R501.3) and ASCE
24-98 (Chapter 6).
[g] Paints and adhesives.
[i] Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[ii] Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[iii] All wooden components (doors, trim, cabinets,
etc.) shall be finished with a marine or water-resistant paint or
other finishing material.
[iv] The standards and specifications contained in
34 Pa. Code (Chapters 401-405, as amended) the 2003 IBC (Sections
801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7.).
[h] Electrical components.
[i] Electrical distribution panels shall be at least
three feet above the one-hundred-year flood elevation.
[ii] Separate electrical circuits shall serve lower
levels and shall be dropped from above.
[iii] The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401-405) as amended and contained in the 2003 IBC (Section 1612.4), the IRC (Section R323.1.5), the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter
8) shall be utilized.
[i] Equipment.
[i] Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
[ii] The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code (Chapters 401-405), as amended and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5) the 2000 IFGC (Sections R301.5 and RI601.3.8) and ASCE 24 (Chapter
8) shall be utilized.
D. Council, in deciding conditional use applications,
and the Zoning Hearing Board, in deciding special exception applications,
shall attach such conditions to approved uses as are necessary implement
the intent of this section in terms of the specific use and site.
The Zoning Hearing Board shall hear and decide
all appeals from administrative actions and determinations under this
article.
[Added 8-24-2015 by Ord.
No. 758]
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.