[Amended 3-28-2013 by Ord. No. 192]
The Floodplain Overlay District is hereby created to be coterminous
with the areas classified as Special Hazard Area (SFHA) in the Flood
Insurance Study and the accompanying FIRM (Flood Insurance Rate Map)
issued by the Federal Emergency Management Agency. In addition to
all other applicable standards of this chapter, the floodplain regulations
in this division shall apply in the Floodplain Overlay District.
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Floodplain Management Act of 1978,[1] 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, this
division is hereby adopted by the Township Board of Supervisors as
authorized:
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
This division shall apply to all new construction, development,
and improvements, including the placement of fill material, in any
identified floodplain area.
A.
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the Township unless a permit has been
obtained from the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing
buildings or structures, unless required by other provisions of this
division.
A.
Intent. This division is to meet the requirements of the National
Flood Insurance Program and the Pennsylvania Floodplain Management
Act,[1] as amended. More specifically, this division contains
provisions generally necessary to comply with the requirements of
the National Flood Insurance Program, as well as the requirements
of the Pennsylvania Floodplain Management Act, as amended, and the
associated regulations, as amended, and adopted by the Pennsylvania
Department of Community and Economic Development, pursuant to that
act. This section is also intended to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply
and natural drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(5)
Maintain the existing hydrologic regime through the sound management
of floodplains for their capacity to convey, transport, store and
dissipate flood-flow volumes and velocities, to protect water quality
and to maintain stream channel stability.
(6)
Eliminate disturbance in floodplains of watercourses with a
channel identified as vulnerable to destabilization due to disturbance
and development within the floodplain.
(7)
Maintain and restore stream buffers and their water quality
values.
(8)
Reduce the number of persons unknowingly investing in new property
that is prone to flooding.
(9)
Ensure that inappropriate development does not occur along previously
unstudied segments of waterways, such as areas of alluvial soils that
were not studied in depth.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this division is considered reasonable
for regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur or flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This division does not imply that areas outside
any identified floodplain areas, or that land uses permitted within
such areas, will be free from flooding or flood damages. This division
shall not create liability on the part of the Township or any officer
or employee thereof for any flood damages that result from reliance
on this division or any administrative decision lawfully made thereunder.
C.
Abrogation and greater restrictions. This division supersedes
any other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance 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 division, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this division shall be declared invalid for any
reason whatsoever, such a decision shall not affect the remaining
portions of this division, which shall remain in full force and effect,
and for this purpose the provisions of this division are hereby declared
to be severable.
A.
Designation of the Floodplain Administrator. The Township Zoning
Officer is hereby appointed to administer and enforce this division
and is referred to herein as the Floodplain Administrator. The Floodplain
Administrator may fulfill the duties and responsibilities set forth
in these regulations, delegate duties and responsibilities set forth
in these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees, or enter into a written agreement
or written contract with another agency or private sector entity to
administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR. 59.22.
B.
Zoning permit required. A zoning permit shall be required before
any construction or development is undertaken within any area of the
Township, including floodplain areas.
C.
Duties and responsibilities of the Floodplain Administrator. In addition to the duties, powers and responsibilities of the Zoning Officer set forth in Article VIII:
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act[2] (Act 1978-325, as amended); the Pennsylvania Clean Streams
Act[3] (Act 1937-394, as amended); and the United States Clean
Water Act, § 404, 33 U.S.C. § 1344. No permit
shall be issued until this determination has been made.
(3)
In the case of existing structures, prior to the issuance of
any development/building permit, the Floodplain Administrator shall
review the history of repairs to the subject building, so that any
repetitive loss issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(7)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application procedures and requirements. An application for
permit shall be made in accordance with this division, in addition
to the information required by § 084-010. The application
shall include the following:
(1)
A listing of other permits required.
(2)
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(3)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings and structures.
(4)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need
to minimize flood damage and conform with the requirements of this
and all other applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas,
electrical, and water systems are located and constructed to minimize
or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
(d)
Structures will be anchored to prevent flotation,
collapse, or lateral movement.
(e)
Building materials are flood resistant.
(f)
Appropriate practices that minimize flood damage
have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(5)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date.
(b)
Topographic contour lines.
(c)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development.
(d)
The location of all existing streets, drives, and
other accessways.
(e)
The location of any existing bodies of watercourses,
identified floodplain areas, limits of earth disturbance, and, if
available, information pertaining to the floodway, and the flow of
water including direction and velocities.
(6)
Plans of all proposed buildings, structures and other development,
drawn at suitable scale showing the following:
(7)
The following data and documentation:
(a)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
(b)
Documentation, certified by a registered professional
engineer, to show that the cumulative effect of any proposed development
within an AE Area without floodway, when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
(c)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
(d)
Detailed information needed to determine compliance
with § 110-150J, Storage, and § 110-080D(7), Dangerous
materials and substances, including:
[Amended 6-13-2013 by Ord. No. 193]
[1]
The amount, location and purpose of any materials
or substances referred to in § 110-150J and § 110-080D(7)
which are intended to be used, produced, stored or otherwise maintained
on site.
[2]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 110-080D(7)
during a base flood.
(e)
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
(f)
Where any excavation or grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection,
to implement and maintain erosion and sedimentation control and stormwater
management.
(8)
Any other pertinent information as may be required by the Floodplain
Administrator to determine compliance with this division.
E.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Township Engineer, Monroe County Conservation
District, etc.) for review and comment.
In designated floodplain areas, only the following types of
activities/development in compliance with this division shall be permitted:
A.
Activities/development that are compatible with maintaining
the existing hydrologic regime and do not alter the cross-sectional
dimension of the floodplain and its storage capacity, except in compliance
with this division.
B.
Activities/development permitted under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter 102.
C.
Activities/development specifically authorized by this division.
A.
Identification. The identified floodplain area shall be any
area of the Township classified as a Special Flood Hazard Area (SFHA)
in the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated May 2, 2013, and issued by the Federal Emergency
Management Agency (FEMA) or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study.
B.
Adoption of FIS and FIRMs. The FIS and FIRMs referenced in § 110-070A,
and any subsequent revisions and amendments are hereby adopted by
the Township and declared to be part of this division.
C.
Description of identified floodplain areas. The identified floodplain
area shall consist of the following specific areas:
(1)
Floodway area. Those areas identified as floodway on the FIRM
as well as those floodway areas which have been identified in other
available studies or sources of information for those AE Areas where
no floodway has been identified in the FIS. The floodway represents
the channel of a watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot at any
point.
(2)
AE Area without floodway. Those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA and for which base
flood elevations have been provided in the FIS but no floodway has
been delineated.
(3)
A Area.
(a)
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 source shall be used
when available. Where other acceptable information is not available,
the base flood elevation shall be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site.
(b)
In lieu of the above, the municipality may require
the applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township.
D.
Changes in identification of area. The identified floodplain
area may be revised or modified by the Township where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change to the Special Flood Hazard
Area, approval must be obtained from 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 changes to the Special Flood
Hazard Area by submitting technical or scientific data.
E.
Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Floodplain Administrator and any party aggrieved by this decision
or determination may appeal to the Zoning Hearing Board. The burden
of proof shall be on the appellant.
In identified floodplain areas, the following shall be prohibited:
A.
Buildings: all walled and roofed buildings.
B.
Any new construction or development that will in any manner retard, divert or alter the natural flow of floodwaters on the site except activities permitted by the Pennsylvania Department of Environmental Protection under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter 102. (See definition of "development.")
C.
Floodway. No new construction or development shall be permitted
in any floodway area. In the absence of a floodway area no new construction
or development shall be permitted within the area measured 50 feet
landward from the top-of-bank of any watercourse unless a permit is
obtained from the Department of Environmental Protection.
D.
Developments of special concern.
(2)
Manufactured home park or subdivision. The commencement of,
or any construction of, a new manufactured home park or manufactured
home park or subdivision, or substantial improvement to an existing
manufactured home park or manufactured home subdivision.
(3)
Recreational vehicles. The parking of any recreational vehicle
unless it is fully licensed and ready for highway use.
(4)
Fill. The placement of fill material that is not associated
with a permitted activity.
(5)
Sewage disposal. On-lot or community subsurface sewage disposal
systems.
(6)
Mineral extraction. Structures associated with mining or oil
and gas production, i.e., water storage, fluid containment, or well
pads.
(7)
Dangerous materials and substances. Any type of development
or activity shall be prohibited 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 of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or, which will involve the production, storage, or use of any amount
of radioactive substances. The following list of materials and substances
are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
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 substance as determined by Township.
The following activities/development are permitted in identified
floodplain areas, provided such activity/development does not involve
any activity/development prohibited by § 110-080, Prohibited
development:
A.
Agricultural activities.
B.
Plant nurseries.
C.
Forestry and seed production.
D.
Fish hatcheries.
E.
Parking lots constructed to existing grade.
F.
Temporary fairs or carnivals.
G.
Accessory uses for residential purposes.
H.
Private sportsmen's club activities (for example, archery, hunting,
horse shoes, etc.).
I.
Athletic facilities not involving structures (for example, sports
field).
J.
Orchards.
K.
Wildlife sanctuaries.
L.
Boat launch sites constructed to existing grade.
M.
Stormwater conveyance and stormwater management facilities for
water quality and quality control as outlined in this division.
N.
The parking of recreational vehicles which are fully licensed
for highway use.
Any activity/development not expressly permitted in § 110-090
shall only be permitted by variance and shall be undertaken only in
full compliance with § 110-140, Variances, and § 110-150,
Design and construction standards. However, no activity/development
shall be permitteed which involves any activity/development expressly
prohibited by § 110-080, Prohibited development.
A.
Alteration or relocation of watercourse, restoration of banks.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, improvement or development
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action, the Federal Emergency Management
Agency, and the Pennsylvania Department of Community and Economic
Development have been notified in writing by the applicant by certified
mail, and until all required permits or approvals have been first
obtained from the Department of Environmental Protection, Northeast
Regional Office, and other applicable agencies. The applicant shall
provide the Township with proof of the required notifications and
copies of any responses.
(b)
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse unless it can be shown that
the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way.
(2)
Restoration of unstable stream banks. No stream bank restoration
or stabilization projects shall be undertaken until the applicant
provides a detailed report addressing the fluvial geomorphology of
stable reaches above and below the unstable reach. Any restoration
or stabilization project shall include all necessary measures to ensure
the maintenance of stability in the adjacent stable reaches of the
stream channel.
B.
Letter of map revision. 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 the completion of
any new construction, development or other activity resulting in changes
in the base flood elevation. The situations when a LOMR or a conditional
letter of map revision (CLOMR) are required are:
(1)
Any development that causes a rise in the base flood elevations
within the floodway; or
(2)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation;
or
(3)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
The provisions of this division do not require any changes or
improvements to be made to lawfully existing structures. However,
when an improvement is made to any existing structure in the identified
floodplain area, the following provisions shall apply:
A.
Expansions. Any substantial improvement to an existing structure
which results in the horizontal expansion of the structure within
the floodway shall be prohibited.
B.
Floodways. No vertical expansion or enlargement of an existing
structure shall be allowed within any floodway area that would cause
any increase in the base flood elevation.
C.
AE Area without floodway. No vertical expansion or enlargement
of an existing structure shall be allowed within any AE Area without
floodway that would, together with all other existing and anticipated
development, increase the BFE more than one foot at any point.
D.
AE Area without floodway and A Area. No permitted expansion
or enlargement of an existing structure shall be allowed within 50
feet landward from the top-of-bank of any watercourse within any AE
Area which lacks a designated floodway or within any A Area unless
necessary permits are obtained from the Department of Environmental
Protection.
E.
Danger to human life. No modification, alteration, reconstruction,
or improvement of any kind to an existing structure shall be permitted
which involves any activity which may endanger human life as listed
in § 110-080D(7).
[Amended 6-13-2013 by Ord. No. 193]
F.
Substantial improvements. 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.
G.
Less than substantial improvements. Any modification, alteration,
reconstruction, or improvement of any kind to an existing structure,
to an extent or amount of less than 50% of its market value, shall
be elevated to the greatest extent possible.
H.
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall only
be permitted by variance and shall be undertaken only in full compliance
with § 110-140, Variances, and § 110-150, Design
and construction standards.
I.
Construction codes. The above activity shall also address the
requirements of the 34 Pa. Code, as amended, and the 2009 IBC and
the 2009 IRC.
A.
Existing lots or parcels of record. In the case where an existing
lot or parcel of record is located wholly within an identified floodplain
area, or where the usable area of a lot or parcel partially within
any identified floodplain area is found to be inadequate for the proposed
development, any prohibited development listed in § 110-080
may only be permitted by variance in accord with § 110-140.
B.
Newly created lots or parcels.
(1)
After the effective date of this division, every lot or parcel
created for development purposes shall contain an area adequate for
the proposed use outside of an identified floodplain area, except
as provided in § 110-130B(2) below. The subdivision plan
and deed for any such lot or parcel shall include a restriction that
the lot or parcel shall not be used for any development.
(2)
After the effective date of this division, the subdivision plan
and deed for any lot or parcel created for nondevelopment purposes
(e.g., forestry or agriculture) which contains any identified floodplain
area shall include a restriction that the lot or parcel shall not
be used for any development which does not comply with the Township
floodplain regulations in effect when such development is proposed.
(3)
No variance shall be granted for any development in any identified
floodplain area contained within any lot or parcel created after the
effective date of this division. No variance shall be granted for
any development in any identified floodplain area contained on any
development plans submitted, after the effective date of this division.
(4)
All subdivision proposals containing at least 50 lots or at
least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in the 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.
If compliance with any of the requirements of this division
would result in an exceptional hardship to a prospective builder,
developer, or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements, in accordance
with the procedures contained in § 083-060 and the following:
A.
Alternatives analysis. No variance shall be granted until the
applicant has performed an alternatives analysis to find practicable
alternatives to development in the identified floodplain area.
B.
Floodway. No variance shall be granted for any construction,
development, use, or activity within any floodway area that would
cause any increase in the BFE. Where a variance may be granted, necessary
permits shall be obtained from the Department of Environmental Protection
Regional Office. 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.
C.
AE Area without floodway. No variance shall be granted for any
construction, development, use, substantial improvement or activity
within any AE Area without floodway that would, together with all
other existing and anticipated development, increase the BFE greater
than one foot at any point.
D.
AE Area without floodway and A Area. No variance shall be granted
for any construction, development, use, substantial improvement or
activity within 50 feet landward from the top-of-bank of any watercourse
within any AE area which lacks a designated floodway or within any
A Area unless necessary permits are obtained from the Department of
Environmental Protection.
E.
Elevation required. Any building permitted by variance shall
be elevated to the regulatory flood elevation. Within any identified
floodplain area, any new construction or substantial improvement of
a residential structure or nonresidential structure shall have the
lowest floor (including basement) elevated up to, or above, the regulatory
flood elevation. The regulatory flood elevation is defined as the
BFE plus a freeboard safety factor of 1 1/2 feet. In A Zones,
the regulatory flood elevation shall be determined in accordance with § 110-070C(3).
F.
Design and construction standards. Any development permitted
by variance shall comply with the requirements of § 110-150
and all other applicable requirements of the National Flood Insurance
Program.
G.
Substantial improvements. The Zoning Hearing Board may grant
a variance to the prohibition of substantial improvements to existing
structures in identified floodplain areas, provided all requirements
of this § 110-140 are satisfied.
H.
Developments of special concern. No variance shall be granted
for any development of special concern identified in § 110-080D.
I.
Newly created lots or parcels. No variance shall be granted
for any development in any identified floodplain area contained within
any lot or parcel created after the effective date of this division.
No variance shall be granted for any development in any identified
floodplain area contained on any development plans submitted, after
the effective date of this division.
J.
Least modification. If granted, a variance shall involve only
the least modification necessary to provide relief.
K.
Conditions. In granting any variance, the Zoning Hearing Board
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare,
and to achieve the objectives of this division.
M.
Review factors. In reviewing any request for a variance, the
Zoning Hearing Board shall determine that the granting of the variance
will not:
N.
Record. A complete record of all variance requests and related
actions shall be maintained by the Zoning Hearing Board. In addition,
a report of all variances granted during the year under this § 110-140
shall be included in the annual report to the FEMA.
The following minimum standards, in addition to all applicable
National Flood Insurance Program requirements, shall apply to any
construction and development approved within any identified floodplain
area:
A.
Residential and nonresidential structures.
(1)
In AE Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)
In A Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation determined in accordance with
§ 110-070C(3) of this article.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized.
B.
Space below the lowest floor.
(1)
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.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
(b)
The bottom of all openings shall be no higher than
one foot above grade.
(c)
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
C.
Manufactured homes.
(2)
Installation of manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, shall apply and 34 Pa. Code, Chapters
401 to 405, so that the lowest floor of the manufactured home is at
least 1 1/2 feet above the base flood elevation.
(3)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the unit's proposed installation.
D.
Accessory structures. Structures accessory to a principal building
need not be elevated to remain dry, but shall comply, at a minimum,
with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 100 square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets shall be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
(b)
The bottom of all openings shall be no higher than
one foot above grade.
(c)
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
E.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points.
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes, are submitted to, and
approved by, the Floodplain Administrator.
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
F.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner
in accordance with all applicable Township stormwater control requirements.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
G.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewage facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewage 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.
H.
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.
I.
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
J.
Storage. All materials that are buoyant, flammable, explosive
or, in times of flooding, could be injurious to human, animal, or
plant life, and not listed in § 110-080D(7), shall be stored
at or above the regulatory flood elevation.
K.
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.
L.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
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.
M.
Floors, walls and ceilings.
(1)
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.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
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.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
N.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
P.
Equipment. 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.
Q.
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
R.
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this Article XI, to the extent that they are more restrictive and/or supplement the requirements of this Article XI.
[Amended 6-13-2013 by Ord. No. 193]
Words and phrases used in this division which are defined below
shall have the meanings set forth below. Words not defined below but
defined in Division 020 shall have the meanings set forth in Division
020. In the event of a conflict between the definitions in Division
020 and this division, the definition in this division shall prevail,
but only for purposes of this division; in all other cases the definition
in Division 020 shall prevail. All other words and phrases shall be
given their common, ordinary meaning, unless the context requires
otherwise.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zone AE 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.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
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.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special hazards and the risk
premium zones applicable to the community.
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.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is any of the following:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
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 article.
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, and 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.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after April 2, 2013, and includes any subsequent improvements
to such structures. Any construction started after December 16, 1988,
and before April 2, 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 6-13-2013 by Ord. No. 193]
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.
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
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 temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions for which the cost of repairs at the time of each such flood
event, on average, equals or exceeds 25% of the market value of the
structure before the damages occurred.
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 or AE.
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.
See "watercourse."
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, fences, walls, storage tanks, and other similar items. This
term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
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 cost equals or exceeds 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
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local 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 article,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from 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 certificates, 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.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
