[Amended 8-11-2015 by Ord. No. 1558[1]]
[1]
Editor's Note: The provisions adopted by this ordinance were originally designated as §§ 143-81 through 143-94 but were redesignated for organizational purposes.
The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base and to ensure the prospective compliance with Section 60.3(d) of the National Flood Insurance Program, as well as the requirements of Act 1978-166, the Pennsylvania Floodplain Management Act (See 32 P.S. § 679.101 et seq.), and the regulations adopted by the Pennsylvania Department of Community and Economic Development pursuant to the Act by:
A. 
Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
B. 
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
C. 
Requiring all those uses, activities and developments that do occur in flood hazard and flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Requiring that uses vulnerable to floods and located in flood hazard areas, including public facilities, be protected and/or constructed using floodproofing measures so as to be protected against flood damage, and requiring that each lot in a Flood Hazard District be provided with a safe building site with adequate access.
E. 
Preserving the integrity of stream banks and their immediate vicinity from erosion and degradation of natural vegetation.
F. 
Protecting the quality of surface and subsurface water supplies adjacent to and underlying flood hazard areas.
G. 
Providing areas for the deposition of flood-borne sediment.
H. 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
I. 
Requiring that where uses are permitted by grant of special exception or variance, notice be given to prospective purchasers and/or lessees that land under agreement of sale or to be placed under such agreement or under lease or to be leased is designated as lying either totally or partially within the flood hazard area and/or the flood-prone area.
J. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
K. 
Minimize danger to public health by protecting water supply and natural drainage.
A. 
Flood hazard areas.
(1) 
Losses resulting from periodic flooding. The flood hazard areas of Springfield Township are subject to periodic inundation which could 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.
(2) 
General causes of these flood losses. These flood losses are or may be caused by:
(a) 
The cumulative effect of obstructions in flood hazard areas causing increases in flood heights and velocities.
(b) 
The occupancy of flood hazard areas by uses vulnerable to floods.
(3) 
Flood hazard areas are comprised of features and conditions described more fully in § 143-83, District boundaries.
B. 
Flood-prone areas. The flood-prone areas of Springfield Township consist of the following features and conditions:
(1) 
Alluvial soils as described in § 143-83, located primarily adjacent to flood hazard areas.
(2) 
A fifty-foot setback area landward from the top of bank of any watercourse unless a permit is obtained by Department of Environmental Protection.
A. 
In accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, any new or substantially improved structures 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 of more than 550 gallons or other comparable volume of any of the following materials or will involve the production, storage, or use of any amount of radioactive substances shall prohibited. No variance shall be granted. The following list of materials and substances are considered dangerous to human life:
(1) 
Acetone.
(2) 
Ammonia.
(3) 
Benzene.
(4) 
Calcium carbide.
(5) 
Carbon disulfide.
(6) 
Celluloid.
(7) 
Chlorine.
(8) 
Hydrochloric acid.
(9) 
Hydrocyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.).
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
In accordance with the Pennsylvania Floodplain Management Act (Act 1978-166) (See 32 P.S. § 679.101 et seq.) and regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, as may be amended, the following obstructions and activities shall be prohibited if located partially or entirely within any flood hazard area as hereinafter set forth, whenever the district being overlain permits such uses, subject to the provisions of § 143-86. No variance shall be granted:
A. 
The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities:
(1) 
Hospitals, public or private.
(2) 
Nursing homes, public or private.
(3) 
Jails or prisons.
(4) 
New manufactured home parks and manufactured home subdivisions or substantial improvements to existing manufactured home parks and manufactured home subdivisions, unless the requirements of § 143-96 can be satisfied.
A. 
Applicability. These provisions shall apply to all lands within the jurisdiction of Springfield Township, Delaware County, identified as the Flood Hazard District, as defined by § 143-83, an overlay to the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B. 
Compliance. No development shall hereafter take place and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and with any other applicable article, ordinance, regulation or code. Prior to issuance of any zoning or building permits, Township officials shall review the application 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[2]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[3]); the Pennsylvania Clean Streams Act (Act 1937-394, as amended[4]); and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Warning and disclaimer of liability.
(1) 
The Board of Commissioners finds that the degree of flood protection sought by the provisions of this article is reasonable for regulatory purposes and is based on acceptable engineering methods of study. However, larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the Flood Hazard Districts or that land uses permitted within such districts will be free from flooding or flood damages.
(2) 
This article shall not create liability on the part of the Township of Springfield, Delaware County, or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
D. 
Preservation of other restrictions. It is not intended by this article to repeal, abrogate or impair any existing zoning or subdivision regulations, easements, covenants or deed restrictions, except that where this article imposes greater restrictions, its provisions shall prevail.
E. 
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be severable.
A. 
Boundaries of district. All areas within the Township that are subject to inundation by waters of the one-hundred-year flood and all flood-prone areas as hereinafter defined are hereby placed in the Flood Hazard District.
B. 
Establishment of boundaries and relevant flood elevation. Any areas classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated November 18, 2009 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.
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township and declared part of this ordinance.
Said boundaries are comprised as follows:
(1) 
The Floodway Area identified as floodway in the FIS which 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 (1) 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.
(a) 
Within any floodway area, encroachments, including fill, new construction, substantial improvements, or other development shall not 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.
(b) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2) 
The AE Area/District 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.
(a) 
The AE Area adjacent to the floodway (also referred as Flood-Fringe) 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.
(3) 
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 one-percent annual chance 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.
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 municipality.
(4) 
Flood-prone area.
(a) 
Flood-prone areas shall include soils subject to flooding and soils subject to localized flooding as documented and mapped in the Soil Survey of Chester and Delaware Counties, 1963, by the United States Department of Agriculture, Natural Resources Conservation Service, or the most recent edition thereof. Within Springfield Township, such areas are comprised by the following soil types:
[1] 
Chewacla silt loam (Ch).
[2] 
Congaree silt loam (Cn).
[3] 
Melvin silt loam (Mn).
[4] 
Wehadkee silt loam (We).
[5] 
Worsham silt loam (WoA).
(b) 
Areas inundated by the five-hundred-year flood.
(c) 
Flood-prone areas shall also include an area of 50 feet measured as a setback landward from the top of bank from any watercourse, pond, lake or other water body.
C. 
Overlay concept. The Flood Hazard District shall apply as an overlay to the existing underlying zoning districts as shown on the Zoning Map,[1] and the provisions of the existing districts and the Flood Hazard District shall control as follows:
(1) 
In case of any conflict between the provisions of the existing underlying zoning districts and of the Flood Hazard District, the more restrictive provisions shall apply.
(2) 
In case any provision of the Flood Hazard District is declared inapplicable by judicial or administrative action, the existing underlying zoning district provisions shall continue to be applicable.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
D. 
Interpretation of district boundaries. The initial interpretation of the boundaries of the Flood Hazard District and relevant flood elevations shall be made by the Code Enforcement Officer. If a dispute arises concerning the boundaries or the relevant flood elevations, an appeal may be taken to the Zoning Hearing Board as set forth in § 143-85 and in Article XX.
E. 
District boundary changes. The identified Flood Plain Area may be revised or modified by the Board of Commissioners 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 FEMA. Additionally, as soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.
F. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Code Enforcement Officer 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.
G. 
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in CFR 44 60.3.
A. 
General provisions for development and uses.
(1) 
All uses and development occurring in the Flood Hazard District may be conducted only in strict compliance with the provisions of this chapter and all other applicable codes and ordinances of the Township, such as the Building Code[1] and Chapter 123, Subdivision and Land Development, of the Code of the Township of Springfield.
[1]
Editor's Note: See Ch. 134, Uniform Construction Code.
(2) 
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 of Springfield unless a Permit has been obtained from the Floodplain Administrator.
(3) 
No use or development shall adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
(4) 
Prior to any proposed alteration or relocation of any stream, watercourse and the like, a permit shall be obtained from the Pennsylvania Department of Environmental Protection. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development.
B. 
Floodway.
(1) 
Permitted uses. In the floodway areas the following uses are permitted, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance of the Township, and provided that they do not require structures, fill or storage of materials and equipment:
(a) 
Agriculture uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b) 
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.
(c) 
Three-fourths of the front, side or rear yard setbacks provided by the location of buildings on any lot or tract in any district contiguous to flood hazard areas.
(d) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Regional Office.
(2) 
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(a) 
Structures (exclusive of buildings) and parking accessory to the uses and activities in Subsection B(1) above.
(b) 
Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, detention ponds and other similar or related uses.
(c) 
Water-related uses and activities, such as marinas, docks, wharves, piers and the like.
(d) 
Extraction of sand, gravel and other materials.
(e) 
Temporary uses, such as circuses, carnivals and similar activities.
(f) 
Storage of materials and equipment, provided that they are not toxic, buoyant, flammable or explosive and are not subject to major damage by flooding, or 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.
(g) 
Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
(h) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Regional Office.
(3) 
Prohibited uses.
(a) 
Any structure of the kind described in §§ 143-86 and 143-87. No variance shall be granted regarding such prohibited uses.
(b) 
Any new construction, development, use, activity or encroachment that would cause any increase in flood heights.
C. 
Flood-fringe area. In the AE Area, the development and/or use of land shall be undertaken in strict compliance with the floodproofing and related provisions contained in this article and all other applicable regulations, codes, ordinances and the like.
(1) 
Permitted uses. All uses permitted in Subsection B(1) of this section.
(2) 
Uses by special exception.
(a) 
All uses permitted in Subsection B(2) of this section, provided no building shall be located within 25 feet from the boundary of any flood-fringe area.
(b) 
Any such non-residential structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood Proofing Regulations" (United States Army Corps of Engineers, June 1972, as may be amended) or with some other equivalent watertight standard.
D. 
Other Flood-prone areas.
(1) 
Permitted uses. All uses permitted in Subsection B(1) of this section, provided that no building shall be located within 10 feet from the boundary of any flood-prone area.
(2) 
Uses by special exception.
(a) 
All uses permitted in Subsections B(2) and C(2) of this section, provided no building shall be located within 25 feet from the boundary of any flood-prone area or 50 feet from the top of bank, whichever is greater.
(b) 
Residential, commercial or industrial structures (exclusive of buildings).
E. 
Existing structures in the floodplain. A structure or use of a structure or premises which lawfully existed within the Flood Hazard District before the enactment of these provisions but which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions:
(1) 
No modification, alteration, repair or reconstruction of an existing structure shall be made in or extended into the floodway portion of the Flood Hazard District unless the effect of the proposed development on flood heights is fully offset by accompanying improvements.
(2) 
Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in a Flood Hazard District to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent practicable.
(3) 
The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a Flood Hazard District, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this chapter and any other applicable ordinance.
(4) 
Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue.
F. 
Alteration of Relocation of Watercourse.
(1) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
(2) 
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.
(3) 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
G. 
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 (6) months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required are:
(1) 
Any development that causes a rise in the base flood elevations within the floodway; or
(2) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
H. 
Any new construction, development, used or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Ordinance and any other applicable codes, ordinances and regulations.
I. 
Within any identified flood plain area, no new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.
A. 
Standards and criteria. Appeals to the Zoning Hearing Board with respect to the provisions of this article shall be governed by the terms of Article IX, Sections 910.2 and 912.1, of the Pennsylvania Municipalities Planning Code[1] (Act of 1968, P.L. 805, No. 247, as reenacted and amended), the provisions of Article XIX and provisions of this section. In the case of an application for a special exception or a variance, the Board shall consider the following standards and criteria, where appropriate, and the applicant shall have the burden of proving that they can be satisfied:
(1) 
The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance 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) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) 
The importance of the services provided by the proposed facility to the community.
(6) 
The requirements of the facility for a waterfront location.
(7) 
The availability of alternative locations not subject to flooding for the proposed use.
(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 floodplain management program for the area.
(10) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(12) 
Such other factors which are relevant to the purposes of this chapter.
[1]
Editor's Note: See 53 P.S. §§ 10910.2 and 10912.1.
B. 
Procedure.
(1) 
Upon receiving an application for an appeal, a special exception or a variance hereunder, the Zoning Hearing Board shall require the applicant, at the applicant's expense, to furnish the following materials and information as the Township Engineer shall deem necessary for a complete consideration of the matter by the Board:
(a) 
Plans, in triplicate, drawn to scale, showing the nature, location, dimensions and elevation of the lot and existing and proposed uses.
(b) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
(c) 
The elevation of the one-hundred-year flood.
(d) 
Photographs showing existing uses and vegetation.
(e) 
A report describing the soil type or types on the lot and associated soil characteristics and other pertinent information with respect thereto.
(f) 
A series of cross sections at such intervals as the Township Engineer may deem necessary along the lot shoreline, showing the stream channel or the lake or pond bottom, elevation of adjoining land areas to be occupied by the proposed uses and high-water information.
(g) 
Profile showing the slope of the bottom of the channel, watercourse, lake or pond.
(h) 
Specifications for building materials and construction, floodproofing, filling, dredging, grading, landscaping, storage, water supply and sanitary facilities.
(i) 
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses or changes. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(j) 
Computation of the increase, if any, in the runoff from the one-hundred-year frequency, twenty-four-hour-duration storm attributable to any proposed uses.
(k) 
Detailed information concerning any proposed floodproofing measures.
(2) 
In consideration of any application for a special exception or variance, the Zoning Hearing Board may, before a hearing, request reports from the Springfield Township Planning Commission, the Delaware County Planning Department 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 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. In reviewing any request for a variance or special exception, the Zoning Hearing Board shall consider, at a minimum, 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.
(3) 
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
(a) 
Unacceptable or prohibited increases in flood heights.
(b) 
Additional threats to public safety.
(c) 
Extraordinary public expense.
(d) 
Nuisances.
(e) 
The victimization of the public.
(f) 
Conflict with existing ordinances, regulations or codes.
(4) 
No variance or special exception shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(5) 
No variance or special exception shall be granted for any construction, development, use, or activity within any flood-fringe or flood-prone area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation at any point.
(6) 
If granted, a variance or special exception shall involve only the least modification necessary to provide relief.
(7) 
A complete record of all variance requests and special exceptions shall be maintained by Springfield Township. In addition, a report of all variances or special exceptions granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
C. 
Conditions.
(1) 
Upon consideration of the purposes of this article, the Zoning Hearing Board shall attach such conditions and safeguards to the granting of a special exception or a variance as it deems necessary. The following conditions may be included, where applicable, without limitation because of special enumeration:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Imposition of operational controls, sureties and deed restrictions.
(c) 
Limitations on periods of use and operation.
(d) 
Floodproofing measures, such as the following:
[1] 
Anchorage to resist flotation, collapse or lateral movement of any structure.
[2] 
Installation of watertight doors, bulkheads and shutters.
[3] 
Reinforcement of walls to resist water pressures.
[4] 
Use of paints, membranes or mortars to reduce seepage of water through walls.
[5] 
Addition of mass or weight to structures to resist flotation.
[6] 
Installation of pumps to lower water levels in structures.
[7] 
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
[8] 
Pumping facilities for subsurface external foundation wall and basement floor pressures.
[9] 
Construction to resist rupture or collapse caused by water pressure or floating debris.
[10] 
Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
[11] 
Elevation of structures to reduce the likelihood of flood damage.
(2) 
Whenever a variance or special exception is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(a) 
The granting of the variance or special exception may result in increased premium rates for flood insurance.
(b) 
Such variances or special exceptions may increase the risks to life and property.
D. 
Prospective sale. In any case where the Zoning Hearing Board shall grant a special exception or a variance to permit the erection of a structure in the Flood Hazard District, and it shall appear that such premises is to be offered for sale or lease, or the Board grants a special exception or a variance to permit a change in nonconforming use of a structure already existing in the Flood Hazard District, and it shall appear that the premises is to be offered for sale or lease, it shall, for the protection of prospective purchasers and lessees, impose the following conditions:
(1) 
Require the applicant to advise prospective purchasers and or lessees that the lot is located either entirely or partially, as the case may be, in the Flood Hazard District (in the flood hazard area and/or the flood-prone area).
(2) 
Require that, before settlement or change in nonconforming use, as the case may be, the purchaser or lessee shall signify, in writing, that he/she has been advised that the premises lies partially or entirely in the Flood Hazard District, and a signed copy of such signification shall be delivered to the Township.
(3) 
Where the premises is to be conveyed, the deed shall contain the following provision:
"This lot is entirely (partially) within the Flood Hazard District as defined by the Flood Hazard District provisions of Chapter 143, Zoning, of the Code of the Township of Springfield, Delaware County, Pennsylvania."
E. 
In those cases where the boundaries of the Flood Hazard District are contested in accordance with § 143-83D, and the Zoning Hearing Board finds that the proposed use(s) is not within the district boundaries, then the preceding conditions shall not apply.
A. 
Residential structures.
(1) 
In AE Zones, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation.
(2) 
In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation determined in accordance with Section 143-83B(3) of this ordinance.
(3) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(4) 
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 401-405 as amended) shall be utilized.
B. 
Nonresidential structures.
(1) 
In AE Zones, any new construction or substantial improvement of a non-residential structure shall have the lowest floor elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a) 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and,
(b) 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) 
In A Zones, where no Base Flood Elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed up to, or above the regulatory flood elevation determined in accordance with Section 143-83B(3) of this ordinance.
(3) 
Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(4) 
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 401-405 as amended) shall be utilized.
C. 
Fully enclosed space below the lowest floor (including basement) shall be prohibited.
D. 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(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 600 square feet.
(3) 
The structure will have a low damage potential.
(4) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5) 
Power lines, wiring, and outlets will be at least 1 1/2 feet above the one-hundred-year-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. 
Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this ordinance, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the 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 following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
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 sloper are submitted to and approved by the Floodplain Administrator; and
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure 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.
C. 
Water and sanitary sewer facilities and systems.
(1) 
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.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) 
The design and construction provisions of the UCC,[1] as amended, pertaining to this section and FEMA No. 348, Protecting Building Utilities From Flood Damages and The International Private Sewage Disposal Code, shall be utilized.
[1]
Editor's Note: See Ch. 134, Uniform Construction Code.
D. 
Other utilities. All other utilities, such as gaslines and electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
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 § 143-80, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
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.
H. 
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.
(3) 
The design and construction requirements of the UCC pertaining to this subsection and contained in ASCE 24-98, or most recent edition, shall be utilized.
I. 
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.
(5) 
The provisions of the UCC, as amended, pertaining to this subsection and contained in ASCE 24-98, or most recent edition thereof, shall be utilized.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of a 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.) shall be finished with a marine or water-resistant paint or other finishing material.
(4) 
The standards and specifications contained in the UCC, as amended, shall be utilized.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(3) 
The provisions pertaining to the above provisions and referenced in the UCC, as amended, and contained in ASCE 24-98, or the most recent edition thereof, shall be utilized.
L. 
Equipment.
(1) 
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.
(2) 
The provisions pertaining to the above provision and referenced in the UCC, as amended, and contained in ASCE 24-98 shall be utilized.
M. 
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.
N. 
Reasonably safe from flooding. 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, and adequate drainage is provided so as to reduce exposure to flood hazards.
The standards and specifications contained in 34 Pa. Code, Chapters 401 through 405, as amended, and not limited to the following provisions, shall apply for all construction within the Flood Hazard District to the extent that they are more restrictive and/or supplement the requirements of this chapter:
A. 
International Building Code (IBC) 2009, or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
B. 
International Residential Building Code (IRC) 2009, or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
C. 
International Existing Building Code 2003, or the latest edition thereof.
D. 
International Fuel Gas Code 2003, or the latest edition thereof.
E. 
International Mechanical Code 2003, or the latest edition thereof.
F. 
International Plumbing Code 2003, or the latest edition thereof.
G. 
International Private Sewage Code 2003, or the latest edition thereof.
A. 
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in Identified Floodplain Areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.