The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks. See Chapter 92, Stormwater Management.
A.
The disturbed land area and the duration of exposure
shall be kept to a practical minimum.
B.
Any earth disturbance over 5,000 square feet of land
area shall require the submission of an adequate erosion and sedimentation
control plan to the Monroe County Conservation District.
D.
If any earth materials are removed from a site (such
as a burrow pit), the site shall be regraded and revegetated in a
manner that controls soil erosion and that allows a suitable reuse
of the site.
A.
No landowner, tenant nor lessee shall use or allow
to be used any land or structures in a way that results or threatens
to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions
that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard
that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other
than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not
limited to explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment
of property by a neighboring landowner of ordinary sensitivities.
B.
Additional information. If the Zoning Officer has
reason to believe that the proposed use may have difficulty complying
with the standards of this article, then the Zoning Officer may require
an applicant to provide written descriptions of proposed machinery,
hazardous substances, operations and safeguards.
See § 119-35.
[Amended 4-16-2013 by Ord. No. 2013-01]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, in addition to the authority provided by the Pennsylvania Municipalities Planning Code, this § 119-45 is adopted as authorized by the Pennsylvania Flood Plain Management Act of 1978.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Definitions; general provisions.
(1)
BASE FLOOD
BASE FLOOD ELEVATION
BASE FLOOD DISCHARGE
BASEMENT
COMPLETELY DRY SPACE
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOODPLAIN AREA
FLOODWAY
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LETTER OF MAP REVISION (LOMR)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PRACTICABLE ALTERNATIVE
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Words and phrases used in this § 119-45 shall have the meanings set forth in this § 119-45B(1). Words and phrases not defined in this § 119-45B(1), but defined in § 119-21, shall be given the meanings set forth in § 119-21. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (formerly called the "one-hundred-year
flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones 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.
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
Any area of the building having its floor below ground level
on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The Federal Emergency Management Agency's (FEMA) comment
on a proposed project that would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result
in the modification of the existing regulatory floodway, the effective
Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
The letter does not revise an effective National Flood Insurance Program
Map, it indicates whether the project, if built as proposed, would
be recognized by FEMA. FEMA charges a fee for processing a CLOMR to
recover the costs associated with the review. Building permits cannot
be issued based on a CLOMR, because a CLOMR does not change the NFIP
Map. Once a project has been completed, the community must request
a revision to the Flood Insurance Rate Map (FIRM) to reflect the project.
"As-built" certification and other data must be submitted to support
the revision request.
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 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 Federal Emergency Management Agency's modification to
an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and
Floodway Map (FBFM), or both. LOMRs are generally based on the implementation
of physical measures that affect the hydrologic or hydraulic characteristics
of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective Base Flood Elevations (BFES), or
the Special Flood Hazard Area (SFHA). The LOMR officially revises
the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway
Map (FBFM), and sometimes the Flood Insurance Study (FIS) report,
and when appropriate, includes a description of the modifications.
The LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM, FBFM, or FIS report.
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 § 119-45.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 May 2, 2013, the effective date of this § 119-45, as amended, and includes any subsequent improvements to such structures. Any construction started after February 17, 1988, the date of the first floodplain management standards adopted by the Township, and before May 2, 2013, the effective date of this § 119-45, as amended, is subject to the ordinance in effect at the time the permit was issued, provided that the start of construction was within 180 days of permit issuance.
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 the 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:
The base flood elevation 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, AO, A3-A30, AE, A99, or AH.
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.
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 section,
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 statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the requirements of this section. 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.
(2)
General provisions.
(a)
Intent. This § 119-45 is 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.
(b)
Applicability. This § 119-45 shall apply to all new construction, development, and improvements, including the placement of fill material, in any identified floodplain area.
[1]
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within Chestnuthill Township unless a permit
has been obtained from the Floodplain Administrator.
[2]
A permit shall not be required for minor repairs to existing
buildings or structures unless required by other provisions of this
chapter.
(c)
Warning and disclaimer of liability.
[1]
The degree of flood protection sought by the provisions of this § 119-45 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study.
[2]
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 § 119-45 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.
(d)
Abrogation and greater restrictions. This § 119-45 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 § 119-45, the more restrictive shall apply.
(e)
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this § 119-45 shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this § 119-45 are hereby declared to be severable.
C.
Administration.
(1)
Designation of the Floodplain Administrator. The Chestnuthill Township Zoning Officer is hereby appointed to administer and enforce this § 119-45 and is referred to herein as the "Floodplain Administrator."
(2)
Zoning permits required. A zoning permit shall be required before
any construction or development is undertaken within any area of Chestnuthill
Township, including identified floodplain areas.
(3)
Duties and responsibilities of the Floodplain Administrator. In addition
to the duties and responsibilities of the Zoning Officer established
by this chapter, the Floodplain Administrator shall:
(a)
State and federal laws. Prior to the issuance of any permit,
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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); 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.
(b)
Repetitive loss. In the case of existing structures, review
the history of repairs to the subject building prior to the issuance
of any zoning permit so that any repetitive loss issues can be addressed
before the permit is issued.
(c)
Construction codes. The Floodplain Administrator shall consider
the requirements of the 34 Pa. Code and the 2009 IBC and the 2009
IRC or latest revisions thereof.
(4)
Application procedures and requirements. Applications shall be made in accordance with § 119-3 of this chapter and, in addition to all other information required by this chapter, applications shall include the following:
(a)
Listing of other permits required.
(b)
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.
(c)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, the applicant
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
[1]
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.
[2]
All utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage.
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
[5]
Building materials are flood resistant.
[6]
Appropriate practices that minimize flood damage have been used.
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipments, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(d)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 50 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if available.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, drives, and other accessways.
[5]
The location of any existing bodies of water or 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.
(e)
Plans of all proposed buildings, structures and other development,
drawn at suitable scale showing the following:
(f)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[2]
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 more
than one foot at any point.
[3]
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.
[4]
Detailed information needed to determine compliance with § 119-45M(10), Storage, and § 119-45F(3)(g), Dangerous materials or substances including:
[a]
The amount, location and purpose of any materials or substances referred to in § 119-45M(10), and § 119-45F(3)(g) which are intended to be used, produced, stored or otherwise maintained on site.
[b]
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 § 119-45F(3)(g) during a base flood.
[5]
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.
(5)
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, County Conservation
District, etc.) for review and comment.
D.
Basic development standard. In designated floodplain areas, only
the following types of activities/development in compliance with this
chapter shall be permitted:
(1)
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.
E.
Identification of floodplain areas.
(1)
Identification and adoption; overlay.
(a)
Identification and adoption.
[1]
The identified floodplain area shall be:
[a]
Any areas 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), as shown
on FIRM Panel Numbers Monroe County - 42089CIND0A and Chestnuthill
Township - 42089C0240E, 42089C0245E, 42089C0380E, 42089C0385E, 42089C0390E,
42089C0395E, 42089C0405E and 42089C0415E, or the most recent revisions
thereof, including all digital data developed as part of the Flood
Insurance Study; and
[b]
Any Community-Identified Flood Hazard Areas. [See also § 119-45E(2)(c).]
[2]
The FIS and FIRMs referenced in § 119-45E(1)(a)[1][a], and any subsequent revisions and amendments, are hereby adopted by the Township and are declared to be a part of this § 119-45.
[a]
Floodplain Overlay District. The identified floodplain
areas shall be considered an overlay to the underlying zoning districts
as shown on the Zoning Map and the provisions of the floodplain overlay
district shall supplement those of the underlying district. In the
case of any conflict between the floodplain overlay district requirements
and the underlying zoning district requirements, the most restrictive
shall apply.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
Floodway Area. 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 on the FIRM or 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.
(b)
AE Area Without Floodway.
[1]
Those areas identified as a Zone A1-30 or 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.
[2]
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District Without Floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the base flood elevation than one foot at any point.
(c)
Community Identified Flood Hazard Areas.
[1]
Those areas where the Township has identified local flood hazard
or ponding areas, as delineated and adopted on a Local Flood Hazard
Map using best available topographic data and locally derived information
such as flood of record, historic high-water marks, soils or approximate
study methodologies.
[2]
Where the Township has reason to believe that land along a waterway
or drainage swale may be subject to a base flood, and the applicable
length of the waterway or drainage swale was not studied as part of
the official Flood Insurance Study, then the Floodplain Administrator
shall require an applicant for development that would alter such land
to provide a floodplain study.
[a]
The floodplain study shall be prepared by a qualified
licensed/registered professional and shall be based upon generally
accepted methodology to determine the extent of a Community Identified
Flood Hazard Area.
(d)
A Area.
[1]
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.
[2]
In lieu of the above, the Township 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.
(3)
Changes in identification of area. The identified floodplain area,
including any Community Identified Flood Hazard 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.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, the 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.
F.
Prohibited development. In identified floodplain areas, the following
shall be prohibited:
(1)
Buildings. All walled and roofed buildings except on certain lots of record pursuant to § 119-45K(1).
(2)
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.
(3)
Developments of special concern.
(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 shall be prohibited:
[1]
Assisted living facility.
[2]
Bus, limousine or taxi terminal.
[3]
Cemetery.
[4]
Community center.
[5]
Concentrated animal feeding operation.
[6]
Cultural center.
[7]
Day-care center.
[8]
Domestic violence shelter.
[9]
Dormitory.
[10]
Emergency services station.
[11]
Green box transfer station/recycling facility.
[12]
Group home, institutional.
[13]
Group quarters.
[14]
Health facility.
[15]
Hospital.
[16]
Jail, prison or other correctional facility.
[17]
Junkyard.
[18]
Natural gas compressor station.
[19]
Natural gas processing plant.
[20]
Nursing home.
[21]
Oil and gas operation.
[22]
Park and ride facility.
[23]
Personal care home.
[24]
Place of worship.
[25]
Recycling facility.
[26]
Resource recovery facility.
[27]
School, public or private primary or secondary
school.
[28]
Self-storage facility.
[29]
Semipublic building or use.
[30]
Solid waste facility.
[31]
Vehicle and equipment rental.
[32]
Vehicle and equipment repair operation.
[33]
Vehicle and equipment sales operation.
(b)
Manufactured home park or subdivision. The commencement of,
or any construction of, a new manufactured home park or manufactured
home subdivision, or substantial improvement to an existing manufactured
home park or manufactured home subdivision.
(c)
Recreational vehicles. The parking or use of a recreational
vehicle unless it is fully licensed and ready for highway use.
(d)
Fill. The placement of fill material that is not associated
with a permitted activity.
(e)
Sewage disposal. On-lot or community subsurface sewage disposal
systems in any floodway.
(f)
Mineral extraction. Structures associated with mining or oil
and gas production (e.g., water storage facilities, fluid-containment
facilities, or well pads).
(g)
Dangerous materials or substances.
[1]
Any type of development or activity involving a material or
substance in any amount which is subject to reporting or regulation
under:
[a]
The Emergency Planning and Community Right-to-Know
Act (EPCRA), also known as Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
[b]
Section 112(r) of the Clean Air Act (CAA).
[c]
The Resource Conservation and Recovery Act (RCRA).
[d]
The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA).
[2]
If not addressed by § 119-45F(3)(g)[1], any type of development or activity which will be used for the production or storage of any of the following, or which will be used for any activity requiring the maintenance of a supply of more than a combined total of 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]
Any other substance as determined by the Township.
G.
Permitted activities/development. The following activities/development are permitted in identified floodplain areas, provided that such activity/development does not involve any activity/development prohibited by § 119-45F:
(1)
Agricultural activities.
(2)
Plant nurseries.
(3)
Forestry and seed production.
(4)
Fish hatcheries.
(5)
Parking lots constructed to existing grade allowing for field conditions
within two feet of existing grade.
(6)
Temporary fairs or carnivals.
(7)
Accessory uses for residential purposes.
(8)
Private sportsmen's club activities (for example, archery, hunting,
horse shoes etc.).
(9)
Outdoor athletic facilities.
(10)
Orchards.
(11)
Wildlife sanctuaries.
(12)
Boat launch sites constructed to existing grade allowing for
field conditions within two feet of existing grade.
(14)
The parking or use of recreational vehicles which are fully
licensed and ready for highway use.
(15)
Development on certain lots of record pursuant to § 119-45K(1).
H.
Unspecified activities/development. Any activity/development not expressly permitted in § 119-45G (permitted activities/development) shall only be permitted by variance and shall be undertaken only in full compliance with § 119-45L, Variances and § 119-45M, Design and construction standards. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by § 119-45F(3), Developments of special concern.
I.
Watercourses and stream banks; Letter of Map Revision.
(1)
Watercourses and stream banks.
(a)
Alteration or relocation of watercourse.
[1]
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 and other
applicable agencies. The applicant shall provide the Township with
proof of the required notifications and copies of any responses.
[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.
(b)
Restoration of unstable stream banks. No stream bank restoration
or stabilization projects shall be undertaken until the applicant
obtains a permit from the Department of Environmental Protection and
other applicable agencies. 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.
(2)
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:
(a)
Any development that causes a rise in the base flood elevations
within the floodway.
(b)
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.
(c)
Alteration or relocation of a stream, including, but not limited
to, installing culverts and bridges. This shall not apply to replacing
culverts in-kind.
J.
Existing structures in floodplain area. The provisions of this § 119-45 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:
(1)
Expansions or enlargements. No expansion or enlargement of an existing structure shall be allowed within any floodway area/district unless a variance is granted in accordance with § 119-45L. [See § 119-45L(2).].
(2)
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 base flood elevation more than one foot
at any point.
(3)
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 Regional
Office.
(4)
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 § 119-45F(3)(g).
(5)
Substantial improvement. 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 § 119-45.
(6)
Less than substantial improvement. 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.
(8)
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,
or the most recent revisions thereof.
K.
Existing lots or parcels of record and newly created lots or parcels.
(1)
Existing lots or parcels of record.
(a)
Wholly in floodplain. In the case where an existing lot or parcel of record is located wholly within an identified floodplain area, notwithstanding the prohibitions of § 119-45F(1), Buildings, § 119-45F(3)(d), Fill and § 119-45F(3)(e), Sewage disposal, walled and roofed buildings, accessory uses, fill and on-lot sewage disposal shall be permitted pursuant to the standards and criteria in § 119-45M.
(b)
Partially in floodplain.
[1]
In the case where an existing lot or parcel of record is located partially within any identified floodplain area, notwithstanding the prohibitions of § 119-45F(1) Buildings, § 119-45F(3)(d), Fill and § 119-45F(3)(e), Sewage disposal, walled and roofed buildings, accessory uses, fill and on-lot sewage disposal shall be permitted in the identified floodplain area pursuant to the standards and criteria in § 119-45M, provided that the Floodplain Administrator determines that a building envelope meeting all applicable setback, lot coverage, slope limitation and other standards cannot be identified on the parcel outside the identified floodplain area.
[2]
The determination shall be based on documentation provided by
the applicant and any other information available.
[3]
Any aggrieved party may appeal the determination to the Zoning
Hearing Board.
(c)
AE Area Without Floodway. In any AE Area Without Floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of the proposed development would not, together
with all other existing and anticipated development, increase the
base flood elevation by more than one foot at any point.
(d)
Prohibited development. Nothing in this § 119-45K(1) shall authorize any other development prohibited by § 119-45F.
(2)
Newly created lots or parcels.
(a)
Development purposes.
[1]
After the effective date of this § 119-45, 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 § 119-45K(2)(b).
[2]
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 which does not comply with the Township floodplain
regulations in effect when such development is proposed.
(b)
Nondevelopment purposes. After the effective date of this § 119-45, 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.
(c)
Variance prohibited. No variance shall be granted for any development in any identified floodplain area affecting any lot or parcel created after the effective date of this § 119-45 unless a new flood study results in an increase in the identified floodplain area affecting such lot or parcel and which precludes the development of the lot.
(3)
Special requirements for subdivisions. 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 is 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.
L.
Variances. If compliance with any of the requirements of this § 119-45 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. Requests for variances shall be considered in accordance with §§ 119-12 and 119-13 and the following:
(1)
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.
(2)
Floodway.
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the base flood elevation.
(b)
Where a variance may be granted, necessary permits shall be
obtained from the Department of Environmental Protection Regional
Office.
(c)
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.
(3)
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 base flood elevation greater
than one foot at any point.
(4)
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 Regional Office.
(5)
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 base flood elevation plus a freeboard safety factor of 1 1/2 feet. In A Zones, the regulatory flood elevation shall be determined in accordance with § 119-45E(2)(d).
(6)
Design and construction standards. Any development permitted by variance shall comply with the requirements of § 119-45M and all other applicable requirements of the National Flood Insurance Program.
(7)
Substantial improvements. The Zoning Hearing Board may grant a variance to the prohibition of substantial improvements to existing structures in identified floodplain areas, provided that all requirements of this § 119-45L are satisfied.
(8)
Developments of special concern. No variance shall be granted for any development of special concern identified in § 119-45F(3).
(9)
Least modification. If granted, a variance shall involve only the
least modification necessary to provide relief.
(10)
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 § 119-45.
(12)
Review factors. In reviewing any request for a variance, the
Zoning Hearing Board shall consider that the granting of the variance
will not:
M.
Design and construction standards. 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:
(1)
Residential and nonresidential structures.
(a)
In any AE Area Without Floodway, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
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 § 119-45E(2)(d).
(c)
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.
(2)
Space below the lowest floor.
(a)
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.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(3)
Manufactured homes.
(b)
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 United States 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
Chapter 401-405.
(c)
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.
(4)
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:
(a)
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.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure shall have a low damage potential.
(d)
The structure shall be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
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:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(5)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
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.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(6)
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 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.
(7)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
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.
(d)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities from Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
(8)
Other utilities. All other utilities such as gas lines and electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(9)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(10)
Storage. All materials that are buoyant, flammable or explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 119-45F(3)(g), shall be stored at or above the regulatory flood elevation.
(11)
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.
(12)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(13)
Floors, walls and ceilings.
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(14)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(16)
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.
(17)
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.
(18)
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this § 119-45, to the extent that they are more restrictive and/or supplement the requirements of this § 119-45:
A.
No principal or accessory use, or operations or activities
on its lot, shall generate a sound level exceeding the limits established
in the table below, when measured at the specified locations:
|
Land Use or Zoning District Receiving
the Noise
|
Hours/Days
|
Maximum Sound Level
| |
|---|---|---|---|
|
At a lot line of a residential use in a residential
district
|
1) 7:00 a.m. to 9:00 p.m. other than Sundays,
Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial
Day
|
1) 62 dBA
| |
|
2) 9:00 p.m. to 7:00 a.m. plus all day Sundays,
Christmas Day, Thanksgiving Day, New Year's Day, Easter Sunday, Labor
Day and Memorial Day
|
2) 55 dBA
| ||
|
At any other lot line
|
All times and days
|
70 dBA
|
|
Note: "dBA" means "A" weighted decibel.
|
B.
The maximum permissible sound level limits set forth
in the above table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction
of structures, sidewalks or streets between the hours of 7:00 a.m.
and 8:00 p.m., except for clearly emergency repairs which are not
restricted by time.
(3)
Household power tools and lawnmowers between the hours
of 8:00 a.m. and 9:00 p.m.
(4)
Agricultural activities, including permitted raising
of livestock, but not exempting a commercial kennel.
(5)
Public celebrations specifically authorized by the
Board of Supervisors or a county, state or federal government agency
or body.
(6)
Unamplified human voices or the sound of a single
animal.
(7)
Routine ringing of bells and chimes by a place of
worship or municipal clock.
(8)
Vehicles operating on a public street, railroads and
aircraft.
No use shall generate odors or dust that are
offensive to persons of average sensitivities beyond the boundaries
of the subject lot.
[Amended 5-1-2014 by Ord. No. 2014-01]
Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Any proposal which is considered a land development as defined by Chapter 98 shall be governed by the light and glare standards in Chapter 98. Following the establishment of any land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of this § 119-48, and violations shall be subject to the enforcement provisions of this chapter.
A.
Purpose. To set standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor places where public health,
safety and welfare are potential concerns;
(2)
Protect drivers and pedestrians from the glare of nonvehicular light
sources;
(3)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass from improperly selected, placed, aimed,
applied, maintained or shielded light sources; and
(4)
Promote energy-efficient lighting design and operation.
B.
Applicability.
(1)
This section shall apply to all uses within the Township where there
is exterior lighting that is viewed from outside, including, but not
limited to, residential, commercial, industrial, public and private
recreational/sports and institutional uses, and sign, billboard, architectural
and landscape lighting.
(2)
Exemptions. The following lighting applications are exempt from the
requirements of this section:
(a)
Lighting within a public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right-of-way or easement when the
purpose of the luminaire is to illuminate areas outside the public
right-of-way or easement.
(b)
Lighting for public monuments and statuary.
(c)
Underwater lighting in swimming pools and other water features.
(d)
Low-voltage landscape lighting.
(e)
Individual porch lights of a dwelling.
(f)
Repairs to existing luminaires not exceeding 25% of the number
of total installed luminaires.
(g)
Temporary lighting for theatrical, television, performance areas
and construction sites.
(h)
Temporary lighting and seasonal decorative lighting, provided
that individual lamps are less than 10 watts and 70 lumens.
(i)
Emergency lighting, as may be required by any public agency
while engaged in the performance of its duties, or for illumination
of the path of egress during an emergency.
C.
Standards.
(1)
Illumination levels. Lighting shall have illuminances, uniformities
and glare control in accord with the recommended practices of the
Illuminating Engineering Society of North America (IESNA), unless
otherwise directed by the Township.
(2)
Luminaire design.
(a)
Horizontal surfaces.
[1]
For the lighting of predominantly horizontal surfaces, such
as, but not limited to, parking areas, roadways, culs-de-sac, vehicular
and pedestrian passage areas, merchandising and storage areas, automotive-fuel
dispensing facilities, automotive sales areas, loading docks, active
and passive recreational areas, building entrances, sidewalks, bicycle
and pedestrian paths, and site entrances, luminaires shall be aimed
straight down and shall meet IESNA full-cutoff criteria.
[2]
Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional 40-watt incandescent or ten-watt compact fluorescent lamp, are exempt from this § 119-48C(2). In the case of decorative streetlighting, the Township may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria rather than full-cutoff.
(b)
Nonhorizontal surfaces.
[1]
For the lighting of predominantly nonhorizontal surfaces, such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays and statuary, when their use is specifically permitted by
the Township, luminaires shall be shielded and shall be installed
and aimed so as to not project their output into the windows of neighboring
residences, adjacent uses, past the object being illuminated, skyward
or onto a public roadway.
[2]
Luminaires with an aggregate rated lamp output not exceeding 500 lumens, (e.g., the rated output of a standard nondirectional 40-watt incandescent or 10-watt compact fluorescent lamp) are exempt from the requirements of this § 119-48C(2)(b).
(3)
Control of glare.
(a)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance
by projecting or reflecting objectionable light onto a neighboring
use or property.
(b)
Directional luminaires, such as floodlights and spotlights,
when their use is specifically approved by the Township, shall be
so shielded, installed and aimed that they do not project their output
into the windows of neighboring residences, adjacent uses, past the
object being illuminated, skyward or onto a public roadway or pedestrian
way. Floodlights installed above grade on residential properties,
except when motion-sensor actuated, shall not be aimed out more than
45° from straight down. When a floodlight creates glare as viewed
from an adjacent residential property, the floodlight shall be required
to be reaimed and/or fitted with a shielding device to block the view
of the glare source from that property.
(c)
"Barn lights," aka "dusk-to-dawn lights," when a source of glare
as viewed from an adjacent property, shall not be permitted unless
effectively shielded as viewed from that property.
(d)
The use of floodlights and wall-mounted luminaires (wall packs)
shall not be permitted to illuminate parking areas unless it can be
proven to the satisfaction of the Township that the employment of
no other means is possible.
(e)
Parking facility and vehicular and pedestrian way lighting (except
for safety and security applications and all-night business operations)
for commercial, industrial and institutional uses shall be automatically
extinguished no later than one hour after the close of business or
facility operation. When safety or security lighting is proposed for
after-hours illumination, it shall not be in excess of 25% of the
number of luminaires or illumination level required or permitted for
illumination during regular business hours. When it can be demonstrated
to the satisfaction of the Township that an elevated security risk
exists, e.g., a history of relevant crime, an appropriate increase
above the 25% limit may be permitted.
(f)
Luminaires shall be automatically controlled through the use
of a programmable controller with battery power-outage reset, which
accommodates daily and weekly variations in operating hours, annual
time changes and seasonal variations in hours of darkness. The use
of photocells is permitted when in combination with the programmable
controller to turn luminaires on at dusk and also for all-night safety/security
dusk-to-dawn luminaire operation when such lighting is specifically
approved by the Township. The use of motion detectors is permitted.
(g)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff luminaires, shields
and baffles, and appropriate application of luminaire mounting height,
wattage, aiming angle and luminaire placement.
(h)
Light spillover.
[1]
Residential. The illumination projected from any use onto a
residential use or permanent open space shall at no time exceed 0.1
initial footcandle, measured line-of-sight at any time and from any
point on the receiving residential property. This shall include glare
from digital or other illuminated signs.
[2]
Nonresidential. The illumination projected from any property
onto a nonresidential use shall at no time exceed 1.0 initial footcandle,
measured line-of-sight from any point on the receiving property.
(i)
Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. "Mounting height" shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, refer to § 119-48D(6).
(j)
The United States, state and other official flags may be illuminated
from dusk to dawn. All other flags shall not be illuminated past 11:00
p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens
per flagpole. The light source shall have a beam spread no greater
than necessary to illuminate the flag.
(k)
Under-canopy lighting for such applications as gas/service stations,
hotel/theater marquees, and fast-food/bank/drugstore drive-ups shall
be accomplished using flat-lens full-cutoff luminaires aimed straight
down and shielded in such a manner that the lowest opaque edge of
the luminaire shall be below the light source and its light-directing
surfaces, at all lateral angles around the luminaire. The average
illumination intensity in the area directly below the canopy shall
not exceed 20 maintained footcandles, and the maximum density shall
not exceed 30 initial footcandles.
(l)
Soffit lighting around building exteriors shall not exceed 15
initial footcandles.
(m)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys and radio/communication towers is prohibited
during hours of darkness, except as required by the FAA.
(4)
Installation.
(a)
Electrical feeds for lighting standards shall be run underground,
not overhead, and shall be in accord with the National Electrical
Code (NEC) Handbook.
(b)
Poles supporting luminaires for the illumination of parking
areas and located within the parking area or directly behind parking
spaces, or where they could be hit by snow plows or wide-swinging
vehicles, shall be protected by being placed a minimum of five feet
outside paved area or tire stops, or placed on concrete pedestals
at least 30 inches high above the pavement, shielded by steel bollards
or protected by other Township-approved means.
(c)
Pole-mounted luminaires for lighting horizontal surfaces shall
be aimed straight down, and poles shall be plumb.
(d)
Poles and brackets for supporting luminaires shall be those
specifically manufactured for that purpose and shall be designed and
rated for the luminaire and mounting accessory weights and wind loads
involved.
(e)
Pole foundations shall be designed consistent with manufacturer's
wind load requirements and local soil conditions involved.
(5)
Maintenance. Luminaires and ancillary equipment shall be maintained
so as to meet the requirements of this chapter.
(6)
Billboards and signs. The lighting of new or relighting of existing
billboards and signs shall require a zoning permit, which shall be
granted when the Township is satisfied that excessive illumination,
light pollution, glare and light trespass have been adequately mitigated,
and shall be subject to the following requirements:
(a)
Externally illuminated billboards and signs shall have luminaires
mounted at the top of the billboard or sign and aimed downward. The
luminaires shall be designed, fitted and aimed to shield the lamp
and its reflective surfaces from off-site view and to place the light
output onto and not beyond the sign or billboard. Lighting shall be
by linear fluorescent unless it can be demonstrated to the satisfaction
of the Township that such a mounting arrangement is not possible.
At no point on the face of the sign or billboard and at no time shall
the illumination exceed 30 vertical footcandles during hours of darkness.
(b)
Internally illuminated signs shall have a dark field and light
message. The aggregate output of the light sources shall not exceed
500 initial lumens per square foot of sign face per side.
(d)
The illumination of a billboard within 400 feet of a residential
use shall not be permitted.
(e)
Rotating, traveling, pulsing, flashing or oscillating light
sources, lasers, beacons, searchlights or strobe lighting shall not
be permitted.
(f)
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
D.
Recreational uses. The nighttime illumination of outdoor recreational
facilities for such sports as baseball, basketball, soccer, tennis,
track and field, and football typically necessitates higher than normally
permitted luminaire mounting heights and aiming angles, utilizes very-high-wattage
lamps and potentially produces unacceptable levels of light trespass
and glare when located near residential properties. Permission to
illuminate such facilities shall be granted only when the Township
is satisfied that the health, safety and welfare rights of nearby
property owners and the Township as a whole have been properly protected.
When recreational uses are specifically permitted by the Township
for operation during hours of darkness, the following requirements
shall apply:
(1)
Racetracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination may be permitted by conditional use. A visual impact plan, as set forth in Subsection D(6) below, shall be required.
(2)
Recreational facilities for basketball, baseball, football, soccer,
miniature golf, tennis or track shall not be illuminated if located
within a residential district or sited on a nonresidential property
located within 1,000 feet of a property within a residential district.
(3)
Sporting events shall be timed to end at such time that all lighting
in the sports facility, other than lighting for safe exit of patrons,
shall be extinguished by 10:00 p.m., except on the occurrence of extra
innings or overtimes.
(4)
The Township reserves the right to limit the number of illuminated
sporting events per week or season.
(5)
Maximum mounting heights for recreational lighting shall be in accord
with the following:
(6)
Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under § 119-48E, but also by a visual impact plan that contains the following:
(a)
Plan views containing a layout of the recreational facility
and showing pole locations and the location of residences on adjoining
properties.
(b)
Elevations containing pole and luminaire mounting heights, horizontal
and vertical aiming angles and luminaire arrays for each pole location.
(c)
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five feet line-of-sight.
(d)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 119-48C(3).
(e)
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
E.
Plan submission. Lighting plans shall be submitted for Township review
and approval for subdivision and land development, conditional use,
variance, zoning permit and special exception applications. The submitted
information shall include the following:
(1)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
existing and proposed trees, and adjacent uses that might be adversely
impacted by the lighting. The lighting plan shall contain a layout
of all proposed and existing luminaires, including, but not limited
to, area, architectural, building entrance, canopy, soffit, landscape,
flags and signs, by location, orientation, aiming direction, mounting
height, lamp, photometry and type.
(2)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of
maintained horizontal footcandles overlaid on the site plan, plotted
out to 0.0 footcandle, which demonstrates compliance with the light
trespass, illuminance and uniformity requirements as set forth in
this chapter. When the scale of the plan, as judged by the Township,
makes a ten-foot-by-ten-foot grid plot illegible, a more-legible grid
spacing may be permitted.
(3)
Light-loss factors, IES candela test-filename, initial lamp-lumen
ratings and specific lamp manufacturer's lamp ordering nomenclature,
used in calculating the plotted illuminance levels.
(4)
Description of the proposed equipment, including luminaire catalog
cuts, photometrics, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details, pole-protection
means and mounting methods.
(5)
Landscaping plans shall contain luminaire locations, demonstrating
that the site lighting and landscaping have been coordinated to minimize
conflict between vegetation and intended light distribution, both
initially and at vegetation maturity.
(6)
When requested by the Township, the applicant shall also submit a visual impact plan in accord with § 119-48D(6).
(7)
Plan notes. The following notes shall appear on the lighting plan:
(a)
"Post-approval alterations to lighting plans or intended substitutions
for specified lighting equipment on the approved plan shall be submitted
to the Township for review and approval prior to installation. Requests
for substitutions shall be accompanied by catalog cuts of the proposed
equipment that demonstrate the proposed substitution is equal to or
exceeds the optical quality and maintainability of the specified luminaires;
and accompanied by a lighting plan, including a point-by-point plot,
which demonstrates that proposed substitutions will result in a lighting
design that equals or exceeds the quality of the approved plan."
(b)
"The Township reserves the right to conduct post-installation
inspections to verify compliance with ordinance requirements and approved
lighting plan commitments and, if deemed appropriate by the Township,
to require remedial action at no expense to the Township."
(c)
"All exterior lighting, including building-mounted lighting,
shall meet IESNA full-cutoff criteria unless otherwise specifically
approved by the Township."
(d)
"Installer shall notify Township to arrange for inspection and
approval of all exterior lighting, including building-mounted lighting,
prior to its installation."
F.
Compliance monitoring.
(1)
Safety hazards. If the Zoning Officer determines that a lighting installation creates a safety hazard, enforcement proceedings shall be initiated in accord with § 119-7.
(2)
Nuisance glare and inadequate illumination levels. If the Zoning Officer determines that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from the requirements of this chapter, enforcement proceedings shall be initiated in accord with § 119-7.
G.
Nonconforming lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 119-48 when:
(1)
It is deemed by the Zoning Officer to create a safety hazard;
(2)
It is replaced, abandoned or relocated;
(3)
There is a change in use; or
(4)
Minor corrective action is deemed appropriate by the Zoning Officer
to bring the fixture or installation into conformance with the requirements
of this chapter. "Minor corrective action" shall be defined as having
a cost not to exceed 25% of the cost of the replacement of the fixture
or installation.
H.
ARCHITECTURAL LIGHTING
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
IESNA
LAMP
LED
LIGHTING SYSTEM
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINAIRE, SHIELDED DIRECTIONAL
Lighting designed to reveal architectural beauty, shape and/or
form and for which lighting for any other purpose is incidental.
The amount of illumination the inside surface of a one-foot-radius
sphere would receive if there were a uniform point source of one candela
in the exact center of the sphere. The footcandle is equal to one
lumen per square foot and is measurable with an illuminance meter
(light meter).
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire and no more than 10% of the lamp's intensity
is emitted at or above an angle 10° below that horizontal plane,
at all lateral angles around the luminaire. A full-cutoff luminaire,
by definition, also is "fully shielded."
A luminaire with opaque top and sides, capable of emitting
light only in the lower photometric hemisphere as installed. See also
"full cutoff."
Light entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or loss in
visual performance and visibility.
Illuminating Engineering Society of North America.
A generic term for a source of optical radiation, often called
a "bulb" or "tube."
Light-emitting diode.
On a site, all exterior electric lighting and controls.
Light emitted by a luminaire or installation, which is cast
beyond the boundaries of the property on which the lighting installation
is sited.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s), when applicable, together with the parts
designed to distribute the light (reflector lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
A fully shielded luminaire with an adjustable mounting device
allowing aiming in a direction other than straight downward.
See § 119-31.
See § 119-33.
A.
Solid waste shall not be deposited in a manner that
does not comply with state solid waste management regulations. Solid
waste shall not be deposited on a lot without the permission of the
lot owner.
B.
Commercial uses selling ready-to-consume food and
beverage shall provide outdoor litter receptacles in locations that
are convenient for customers. Such receptacles shall be regularly
emptied.
