The flood hazard areas of Schuylkill Township are subject to periodic inundation which would result or has resulted in loss of property and damage to structures, and may result in loss of life, injury to people, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief, and impairment of the tax base, all of which do or may adversely affect the public health, safety and general welfare. Such flood losses are or will be caused by the cumulative effect of obstructions in flood hazard areas which cause increases in flood heights and velocities and the occupancy of flood hazard areas by uses vulnerable to floods. In addition to the general purposes of §
370-2 and the community development objectives expressed in §
370-5 of this chapter, it is the purpose of this district to promote the public health, safety, and general welfare and to minimize those losses described above by provisions designed to:
A. Promote the general health, welfare and safety of the public, according
to the provisions of Section 604(1) of the Pennsylvania Municipalities
Planning Code;
B. Restrict or prohibit uses which are dangerous to the public health
or safety, which may damage property in times of flood or which could
cause increased flood heights or velocities;
C. Protect the quality and quantity of surface and subsurface water
supplies adjacent to the underlying flood hazard areas;
D. Protect open space along streams in woodlands and in wetlands, and
provide areas for the deposition of flood-borne sediment;
[Amended 2-3-1999 by Ord. No. 99-01; 8-4-2010 by Ord. No.
2010-04]
E. Require that uses vulnerable to floods, including public facilities,
utilize appropriate construction practices in order to prevent or
minimize flood damage;
F. Preserve the integrity of streambanks and their immediate vicinity
from erosion and the degradation of natural vegetation;
G. Promote the understanding that, where uses are permitted by variance,
the land subject to the variance may be designated as lying either
totally or partially within the flood hazard area; and
H. Comply with federal and state floodplain management requirements.
Within the Flood Hazard and Wetlands District, all uses not
allowed as permitted uses or authorized by grant of variance or by
special exception shall be prohibited. No encroachment or development
shall be permitted within the Floodway District (FW) which will cause
any increase in the 100-year flood elevation.
A. Permitted uses. Except as otherwise provided in §
370-58 of this chapter, the following uses and no others shall be permitted within the Flood Hazard and Wetlands District and then only to the extent that they are not prohibited by any other article or ordinance:
[Amended 7-12-2006 by Ord. No. 2006-04; 10-11-2006 by Ord. No.
2006-08; 8-4-2010 by Ord. No. 2010-04; 12-7-2011 by Ord. No.
2011-11]
(1) Agricultural uses that do not require permanent structures, as follows:
general farming, pasture, orchard, grazing, outdoor plant nurseries,
truck farming, forestry, and wild crop harvesting;
(2) Recreation uses that do not require structures, use of motor vehicles, and which do not include amplified sound systems, such as the following: park, picnic grounds, fairs, boating, golf course, archery, hiking, riding, hunting, fishing, game farm, fish hatchery, wildlife sanctuary, nature preserve, and swimming areas; any nonprohibited recreation use may be allowed only by special exception (see Subsection
B herein);
(3) Three-quarters of the front, side, or rear yard setbacks required
for development of any lot or tract in any district contiguous to
the Flood Hazard and Wetlands District;
[Amended 6-7-2017 by Ord.
No. 2017-04]
(4) With the exception of stormwater management facilities, no structure
shall be placed less than 50 feet from the boundary of any Flood Hazard
and Wetlands District;
[Added 6-7-2017 by Ord.
No. 2017-04]
(5) Water lines and sealed wells;
(7) Storm sewers and storm sewer outlets, subject to the approval of
the Township Engineer; and
(8) Accessory uses customarily incidental to any of the foregoing pursuant to the provisions of §
370-132.
B. Uses by special exception. The following uses may be permitted by
special exception subject to review and approval under provisions
of this chapter applicable to the grant of special exceptions, provided
the applicant establishes to the reasonable satisfaction of the Zoning
Hearing Board that the grant thereof will not result in increasing
the elevation of a 100-year flood:
(1) Any use under permitted uses requiring a temporary structure, pursuant to any applicable provisions of Article
XX.
(2) Permeable improved parking areas and roads to serve other permitted uses in the Flood Hazard and Wetlands District or where required by the regulations for any contiguous district, but only to the extent that such parking areas or roads cannot feasibly be located outside of the Flood Hazard and Wetlands District, pursuant to any applicable provisions of Article
XX.
(3) Railroads, roads, bridges, and utility transmission lines, pursuant to the provisions of §
370-167.
(4) Docks and piers for boating, pursuant to any applicable provisions of Article
XX.
(5) Recreation uses not prohibited under Subsection
A(2) above, pursuant to the provisions of §
370-147.
(6) Sanitary sewers and sewage pumping stations, provided the construction
is floodproof.
[Added 10-11-2006 by Ord. No. 2006-08]
(7) Dams, impoundment basins, culverts and bridges approved by the commonwealth
or by the Township Engineer.
[Added 10-11-2006 by Ord. No. 2006-08]
C. Conditional use. Notwithstanding any setback regulations otherwise applicable with regard to the subject lot, an internal, curbed or uncurbed, on-site drive aisle providing access to off-street parking spaces, provided the applicant establishes that the same are proposed in conjunction with the redevelopment of an existing use at the subject lot and are necessary to permit the reasonable legal use of that lot following such redevelopment, may be permitted by conditional use within 50 feet of a Flood Hazard and Wetlands District, subject to review and approval under the provisions of this chapter applicable to the grant of conditional uses, provided that the applicant establishes that the grant thereof will not result in an increase in the elevation of the 100-year flood elevation as determined pursuant to §
370-71 and that such construction methods as are reasonable to prevent dislodging of the same during the 100-year flood event will be utilized and, provided, further, that the total aggregate area of the proposed improvements does not exceed 5% of the total Flood Hazard and Wetlands District setback area on the subject lot.
[Added 7-12-2006 by Ord.
No. 2006-04; amended 6-7-2017 by Ord. No. 2017-04]
D. Prohibited uses and activities. The following uses and activities
are specifically prohibited in any Flood Hazard and Wetlands District:
(2) Removal of topsoil, unless required in the construction or installation
of another use or activity otherwise permitted herein or for which
relief is sought to permit.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(3) Cutting or removal of trees or other flora except where the area
is devoted to forestry or nursery use, in which case cutting or removal
shall be on a selective basis with reforestation measures practiced,
and further, except as required in the construction or installation
of another use or activity otherwise permitted herein or for which
relief is sought to permit.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(4) Any new or substantially improved structure which will be used for
the production or storage of any of the following 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 or any
amount of radioactive substances) of any of the following materials
shall be prohibited:
(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.
(5) Any proposed hospital, jail, or prison, or any nursing home or similar
facilities.
(6) Any mobile home on an individual lot or in a mobile home park.
E. Grading, filling, and storage of material.
(1) A change in grade by either cut or fill, or a combination or both, may be permitted as a special exception, pursuant to any applicable provisions of Article
XX and upon the following conditions:
(a)
The effect is not to decrease the cross-sectional area or the
profile of the floodplain;
(b)
The effect is not to increase the runoff characteristics of
the area disturbed; and
(c)
The effect is not to increase the elevation of the 100-year
flood.
(2) No storage of any material that may be hazardous to the health and
welfare of the surrounding population or which is in violation of
the Clean Streams Act or regulation of the Department of Environmental Protection
shall be permitted within the Flood Hazard and Wetlands District.
F. Variances.
(1) Standards and criteria. In any instance where the Zoning Hearing
Board is required to consider a request for variance from the provisions
of this article, the Board shall determine that the standards and
criteria enumerated in Section 910.2 of the Pennsylvania Municipalities
Planning Code are met before granting the request. In considering whether
the variance, if granted, would be injurious to the public health,
welfare, or safety, the Board shall consider the following factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation system and ability
of these systems to avoid causing disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owners.
(e)
The importance of the proposed use to the community.
(f)
The availability of alternative locations not subject to flooding
for the proposed use.
(g)
The compatibility of the proposed use with existing and foreseeable
nearby uses.
(h)
The relationship of the proposed use to the Schuylkill Township
Comprehensive Plan.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwater expected at the site.
(k)
Such other factors as are relevant to the purposes of this article.
(2) Procedures.
(a)
In case of any dispute concerning the boundaries of a Flood
Hazard and Wetlands District, the initial determination shall be made
by the Township Zoning Administration Officer; a party aggrieved by
a decision of the Zoning Administration Officer as to the location
of boundaries of the Flood Hazard and Wetlands District may appeal
to the Zoning Hearing Board.
(b)
Upon receiving an application for a variance hereunder, the
Zoning Hearing Board shall, prior to hearing, require the applicant
to furnish such of the following material as the Township Engineer
shall deem necessary for a complete consideration of the matter 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;
and photographs or drawings showing existing uses and vegetation,
statement of soil types and other pertinent information.
[2]
A series of cross sections at such intervals as the Township
Engineer may deem necessary along the lot or a shoreline, showing
the stream channel or the lake or pond bottom, elevation of adjoining
land areas to be occupied by the proposed uses, and the 100-year flood
elevation.
[3]
Profile showing the slope of the bottom of the channel, lake,
or pond.
[4]
Specifications for building materials and construction, filling,
dredging, grading, landscaping, storage, water supply, sanitary facilities,
floodproofing, and/or elevation methods; and the proposed elevation
of the lowest floor, including basement, and other related anchoring
and floodproofing documentation, certified by a registered professional
engineer or architect.
[5]
Computation of the increase, if any, in the height of flood
stages which would be attributable to any proposed uses.
(c)
In considering any application for a variance, the Zoning Hearing
Board may, before hearing, request reports from the Planning Commission
and the Township Engineer concerning the extent to which the proposed
use would diminish the capacity of the floodplain to store and absorb
floodwaters, to moderate flood velocities, and to accommodate sediment;
be subject to flood damage; and cause erosion and impair the amenity
of the Flood Hazard and Wetlands District. All written reports submitted
to the Zoning Hearing Board in advance of or at the hearing shall
be made available for inspection at the hearing by any party thereto.
(3) Conditions.
(a)
Requests for variances and/or special exceptions in the Flood
Hazard and Wetlands District shall be considered by the Zoning Hearing
Board in accordance with the following procedures:
[1]
No variances shall be granted for any construction, development,
use or activity within any designated Floodway (FW) District that
would cause any increase in the 100-year elevation.
[2]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[3]
In granting any variance, the Zoning Hearing Board may 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 chapter.
[4]
Whenever a variance is granted, the Zoning Hearing Board shall
notify the applicant in writing that:
[a] The granting of the variance may result in increased
premium rates for flood insurance.
[b] Such variance may increase the risks to life and
property.
[5]
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but not be limited to, the following:
[a] That there is good and sufficient cause.
[b] That failure to grant the variance would result
in exceptional hardship to the applicant.
[c] That the granting of the variance will not result
in any unacceptable or prohibited increased flood heights, additional
threats to public safety, extraordinary public expense, or create
nuisance, cause fraud on, or victimize the public, or conflict with
any other applicable local or state ordinances and regulations.
[6]
A complete record of all variance requests and related actions
shall be maintained by Schuylkill Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
[Amended 10-11-2006 by Ord. No. 2006-08]
[7]
In reviewing any request for a variance involving any space
located below the lowest floor of a structure or building, the Zoning
Hearing Board shall give consideration to the following:
[a] A fully enclosed space below the lowest floor (including
basement) is prohibited.
[b] A partially enclosed space below the lowest floor
(including basement), 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 purposes of equalizing
hydrostatic forces on exterior walls. The term "partially enclosed
space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
[1] Provisions must be made for 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; and
[3] Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(4) Prospective sale. In any case where the Zoning Hearing Board grants
a variance to permit the erection of a structure or permit a change
in a nonconforming use in the Flood Hazard and Wetlands District and,
if it appears that the premises are to be offered for sale or lease,
the following conditions shall apply:
(a)
Require the applicant to advise prospective purchasers and/or
lessees, in writing no less than 15 days in advance of the effective
settlement or lease date for the premises, that the lot is located
either entirely or partially, as the case may be, in the Flood Hazard
and Wetlands District.
(b)
Require that, before settlement or change in nonconforming use,
as the case may be, may take place, the purchaser or lessee shall
signify in writing that he has been advised that the premises lies
partially or entirely in the Flood Hazard and Wetlands District and
a signed copy of such signification shall be delivered to the Township.
(c)
Where the premises are to be conveyed, the deed shall contain the following provision: "This lot is entirely (partially) within the Flood Hazard and Wetlands District as defined by Chapter
370, Zoning, of the Code of the Township of Schuylkill, Chester County, Pennsylvania."
G. Floodproofing measures. Any new structure or improvement is prohibited
in any floodway and in the FW Floodway District. Any structure or
improvement permitted in the FF Flood Fringe District as a special
exception or by variance granted by the Zoning Hearing Board shall
include floodproofing measures in accordance with the following criteria:
(1) All structures shall be:
(a)
Firmly anchored to prevent flotation, collapse or lateral movement;
(b)
Constructed so as to prevent entrance of floodwaters into water
supply and waste treatment systems as well as other utility and facility
systems; and
(c)
Waste treatment systems shall be designed to minimize or eliminate
discharges from the systems into floodwaters.
(2) Any new construction which is permitted as a special exception or
variance shall have the lowest floor, including basement, elevated
to the regulatory flood elevation, or 1 1/2 feet above the base
flood elevation.
(3) Any improvement to an existing structure which may be allowed as
a special exception or as a variance shall be constructed so that:
(a)
Improvements to any part of a residential structure shall be
elevated to the regulatory flood elevation; and
(b)
Any improvements allowed as a special exception or by variance
to nonresidential structures shall be elevated to the regulatory flood
elevation and, if such is impossible, then shall be floodproofed in
accordance with the publication "Floodproofing Regulations," as prepared
by the U.S. Army Corps of Engineers, June 1972, as amended March 1992.
(4) All development shall be accompanied by adequate storm drainage facilities
designed to convey the flow of stormwater runoff in a safe and efficient
manner. The system shall insure drainage at all points along streets
and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent
properties.
(5) If any development and/or construction is permitted under this subsection,
it shall only be permitted where it is demonstrated that it will strictly
comply with all requirements of this and other applicable ordinances
and the requirements of the National Flood Insurance Program regulations
of 44 CFR 60.3(d) and the Pennsylvania Floodplain Management of 1978,
as amended.
[Added 10-11-2006 by Ord. No. 2006-08]
(6) The standards and specifications contained 34 Pa. Code Chapters 401
through 405, as amended, and not limited to the following provisions,
shall apply to the above and other sections and subsections of this
chapter, to the extent that they are more restrictive and/or supplement
the requirements of this chapter:
[Added 10-11-2006 by Ord. No. 2006-08]
International Building Code (IBC) 2003 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
|
International Residential Building Code (IRC) 2003 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
|
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
areas:
A. 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 100-year flood.
B. Any modification, alteration, reconstruction, removal, replacement
or improvement of any kind to an existing structure shall constitute
a substantial improvement and shall be undertaken only in full compliance
with the provisions of this chapter.
[Amended 6-7-2017 by Ord.
No. 2017-04]
C. Any modification, alteration, reconstruction, removal, replacement
or improvement of any kind to an existing structure shall be elevated
and/or floodproofed to the greatest extent possible.
[Amended 6-7-2017 by Ord.
No. 2017-04]
D. The requirements of 34 Pa. Code Chapters 401 through 405, as amended,
and the 2003 IRC (Sections R102.7.1, R105.3.1, R105.3.1, R105.3.1.1
and Appendixes E and J) or the latest revision thereof and the 2003
IBC (Sections 101.3, 3403.1 and Appendix G) or the latest revision
thereof shall also be utilized in conjunction with the provisions
of this section.
[Added 10-11-2006 by Ord. No. 2006-08]
E. A conditional use approval is required for any demolition within
a Flood Hazard and Wetlands District.
[Added 6-7-2017 by Ord.
No. 2017-04]
[Added 2-3-1999 by Ord. No. 99-01; amended 6-7-2017 by Ord. No. 2017-04]
Except as permitted by state and/or federal permit, no use shall be permitted in wetlands as determined pursuant to the federal and state wetland definition and there shall be a setback of 50 feet from the border of any wetlands in accordance with Article
XXVIII.