A.
The FP Floodplain District is established to protect designated floodplain
areas subject to periodic inundation by overflow from streams situated
in or contiguous to Carroll Township. This district is intended to
control floodplain uses and activities that, acting alone or in combination
with other uses, will cause or contribute to loss and destruction
of life and property during periods of flooding.
B.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur. Flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain area or that land uses
permitted within such areas will be free from flooding or flood damages.
C.
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
For purposes of administering and meeting the requirements of the Floodplain District, the words and phrases listed herewith shall be defined as follows. Words not specifically cited below shall be defined as indicated in Article III of this chapter or, if not listed therein, shall be interpreted so as to give this chapter its most reasonable application.
Any area of the building having its floor below ground level
on all sides.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations, the
subdivision of land, and the storage of materials and equipment.
A space that 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 temporary inundation of normally dry land areas.
A relatively flat or low land area that 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.
Any combination of structural and nonstructural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
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; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood. Included would be
areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain
(FA).
The replacement of existing work with equivalent materials
for the purpose of 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,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for assembly operations, and constructed so that it may be used
with or without a permanent foundation. 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 of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Structures for which the start of construction commenced
on or after June 17, 1966, and includes any subsequent improvements
thereto.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area, that:
a) may impede, retard, or change the direction of the flow of water
either in itself or by catching or collecting debris carried by such
water; or b) is placed where the flow of the water might carry the
same downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
A vehicle which is: i) built on a single chassis; ii) not
more than 400 square feet, measured at the largest horizontal projections;
iii) designed to be self-propelled or permanently towable by a light
duty truck; iv) not designed for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
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 repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: a) before the improvement or repair is started;
or b) if the structure has been damaged and is being restored, before
the damage occurred. The term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either: a) any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions; or b) any alteration of a structure listed
on the National Register of Historic Places or a state inventory of
historic places.
In addition to the administrative enforcement provisions specified
under other sections of this chapter, the following additional provisions
shall apply to any and all types of development undertaken within
any floodplain district in the Township of Carroll.
A.
Any construction or development or change to existing conditions
of any type, whether involving structures or land features, is prohibited
unless a zoning permit has been obtained from the Zoning Officer.
B.
Prior to the issuance of any zoning permit, the Zoning Officer shall
review the application for a permit to determine if all other necessary
governmental permits required by state and federal laws have been
obtained.
C.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities that may be affected
by such action have been notified by the Township and until all required
permits or approvals have been first obtained by the Department of
Environmental Protection, Bureau of Dams and Waterway Management.
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified by the Township prior to any alteration
or relocation of any watercourse.
D.
The application for a zoning permit shall include a plan of the site
showing the exact size and location of the proposed activity as well
as any existing buildings or structures of any type.
E.
For proposed construction or development activity located entirely
or partially within a floodplain district, applicants for zoning permits
shall provide necessary information in sufficient detail and clarity
to enable the Zoning Officer to determine that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with applicable codes and ordinances;
(2)
All utilities and facilities are located and constructed to minimize
or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
The following minimum information, plus any other pertinent
data as may be required by the Zoning Officer, shall be filed by applicants
for zoning permits in floodplain districts.
A.
A plan of the entire site, drawn at a scale of one inch equals 100
feet or less, showing the following:
(1)
North arrow, scale and date.
(2)
Topographic contour lines.
(3)
All property and lot lines, including dimensions, and the size of
the site expressed in acres or square feet.
(4)
The location of all existing and proposed structures, improvements,
and the location of existing or proposed development.
(5)
The location of existing streets and accessways.
(6)
The location of any bodies of water or watercourses, identified floodplain
areas, and information pertaining to the floodway and the flow of
water, including direction and velocities, if available.
B.
Plans of all proposed buildings, structures and other improvements,
drawn at scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building based
upon National Geodetic Vertical Datum of 1929.
(2)
The elevation of the one-hundred-year flood.
(3)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood.
(4)
Detailed information concerning proposed floodproofing measures.
C.
The following data and documentation shall be submitted:
(1)
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 one-hundred-year flood elevations,
pressures, velocities, impact and uplift forces associated with the
one-hundred-year-flood. Such statement shall include a description
of the type and extent of floodproofing measures incorporated into
the design of the development.
(2)
Detailed information needed to determine compliance with § 260-34C and E of this chapter, including the amount, location and purpose of any materials or substances which are intended to be used, produced, stored or otherwise maintained on site, and a description of the safeguards incorporated into the design to prevent leaks or spills of substances listed in § 260-34C.
(3)
The appropriate component of the Department of Environmental Protection's
Planning Module for Land Development.
D.
The following additional data and documentation shall be included:
(1)
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.
(2)
A statement, certified by a registered professional engineer, architect
or landscape architect, containing a description of any loose buoyant
materials or debris that may possibly exist or be stored in any manner
on the site below the one-hundred-year flood elevation.
E.
Inspection and revocation. During the construction or development
period, the Zoning Officer shall inspect the premises to determine
that the work is in compliance with the information provided on the
zoning permit application. In the discharge of these duties, the Zoning
Officer shall have the authority to enter any building, structure,
premises or development in the identified flood-prone area upon presentation
of proper credentials at any reasonable hour.
For the purposes of this chapter, the areas considered to be
floodplain within the Township of Carroll shall be those areas identified
as being subject to the one-hundred-year flood in the Flood Insurance
Study prepared for the Township by the Federal Emergency Management
Agency, dated December 5, 1995, or the most recent revision thereof.
A.
A map showing all areas considered to be subject to the one-hundred-year-flood
is available for inspection at the Township offices.
(1)
The identified floodplain area shall consist of the following specific
areas:
(a)
FW (Floodway Area). The areas identified as "floodway" in the
AE Zone in the Flood Insurance Study prepared by the FEMA. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study where a floodway has been delineated.
(c)
FA (General Floodplain Area). The areas identified as "Zone
A" in the FIS for which no one-hundred-year flood elevations have
been provided. When available, information from other federal, state,
and other acceptable sources shall be used to determine the one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
(2)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
B.
The areas considered to be floodplain may be revised or modified
by the Board of Supervisors where studies or information provided
by a qualified agency or person documents the need or possibility
for such revision.
(1)
No modification or revision of any floodplain area identified in
the Flood Insurance Study shall be made without prior approval from
the Federal Emergency Management Agency.
(2)
Should a dispute arise concerning the identification of any floodplain
area, an initial determination shall be made by the Planning Commission,
and any party aggrieved by such decision may appeal to the Zoning
Hearing Board. The burden of proof shall be on the appellant.
(3)
The Zoning Hearing Board may require other sources of information
to be undertaken. Such analysis shall be acceptable only if prepared
by professional engineers or others of demonstrated qualification.
All such material shall be submitted in sufficient detail to allow
a thorough technical review by Township officials.
(4)
Any changes in the elevation of the floodplain areas shall be subject
to the review and approval of the Federal Insurance Administrator.
C.
The Flood Insurance Study prepared for Carroll Township by the Federal
Emergency Management Agency, accompanying floodway data, the Flood
Insurance Rate Map, together with amendments, map inserts, ordinances,
notations, references or designations shown on said material are hereby
made a part of this chapter.
In the identified floodplain area, all uses of land and associated
activities shall comply with the restrictions and requirements of
this and all other applicable codes and ordinances in force in the
municipality.
A.
Uses permitted in the M-1 and M-2 Industrial Districts that have
a low flood damage potential and do not obstruct flood flows may be
permitted within the Floodplain District. In addition, the following
uses may be permitted:
B.
Special requirements for manufactured homes.
(1)
Within any FW (Floodway Area), manufactured homes shall be prohibited.
(2)
Within any FA (General Floodplain Area) or FE (Special Floodplain
Area), manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
C.
The following activities shall be specifically prohibited within
any FW (Floodway Area), FF (Flood-Fringe Area) or any FA (General
Floodplain Area).
D.
No use shall adversely affect the capacity of the channels or floodways
of any tributary to a main stream, drainage ditch, or any other drainage
facility or stream. Within the floodway, no development shall be permitted
if the development would cause any increase in the one-hundred-year
flood elevation.
A.
Any construction, development, uses or activities allowed within
any identified floodplain shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
(1)
Within any FW (Floodway Area):
(a)
Any new construction, development, use, activity or encroachment
that would cause any increase in one-hundred-year flood heights shall
be prohibited.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection,
Bureau of Dams and Waterway Management.
(c)
Mobile homes/house trailers shall be prohibited.
(2)
Within any FA (General Floodplain Area). No new construction or development
shall be located 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, Bureau of Dams and Waterway
Management.
(3)
Residential structures. Within any FW, FF or FA, the lowest floor
(including basement) of any new construction or substantially improved
residential structure shall be at least 1 1/2 feet above the
one-hundred-year flood elevation.
(4)
Nonresidential structures.
(a)
Within any FW, FF or FA, the lowest floor (including basement)
of any new construction or substantially improved nonresidential structure
shall be at least 1 1/2 feet above the one-hundred-year flood
elevation, or be designed and constructed so that the space enclosed
by such structure shall remain either completely or essentially dry
during any flood up to that height.
(b)
Any structure, or part thereof, that will not be completely
or adequately elevated, shall be designed and constructed to be completely
or essentially dry in accordance with the standards contained in the
publication entitled "Flood-Proofing Regulations" (United States Army
Corps of Engineers, June 1972), or some other equivalent standard,
for that type of construction.
(c)
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.
(5)
Fully enclosed areas below the lowest floor shall be prohibited.
(6)
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exist of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. 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.
B.
The following standards shall apply for all construction and development
proposed within any identified floodplain area:
(1)
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, unless substantiated
data justifying steeper slopes is submitted to, and approved by, the
Zoning Permit Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage. Storm drainage facilities shall be designed to convey the
flow of stormwater runoff in a safe and efficient manner. The system
shall ensure proper drainage along streets and provide positive drainage
away from buildings. The system shall also be designed to prevent
the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
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.
(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.
(4)
Other utilities. All other utilities, such as gaslines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
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 § 260-34C, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings, structures and mobile homes/house trailers.
(a)
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.
(b)
All mobile homes/house trailers and any improvements thereto
shall be placed on a permanent foundation, elevated so that the lowest
floor of the manufactured home is 1 1/2 feet or more above the
elevation of the one-hundred-year-flood and anchored to resist flotation,
collapse or lateral movement.
(8)
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.
(9)
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.
(10)
Paints and adhesives.
(a)
Paints or other finishes used at or below the regulatory flood
elevation shall be of a marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant quality.
(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.
(12)
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.
(13)
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.
C.
In order to control development that may endanger human life, and
in accordance with the Pennsylvania Flood Plain Management Act and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances, or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons or other comparable volume of any of the following dangerous
materials or substances on the premises, or will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Sodium
| |
|
Sulphur and sulphur products
| |
|
Pesticides (including insecticides, fungicides and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated.
|
D.
Within any FW (Floodway Area), any structure, material or substance of the kind described in § 260-34C above shall be prohibited.
E.
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure, material or substance described in § 260-34C above shall be:
(1)
Elevated or designed and constructed to remain completely dry up
to at least 1 1/2 feet above the one-hundred-year flood; and
(2)
Designed to prevent pollution from the structure or activity during
the course of a one-hundred-year flood.
(3)
Any such 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.
F.
Existing structures in identified floodplain areas. Structures existing
in any identified floodplain area prior to the enactment of this chapter
may continue, subject to the following provisions. Where any conflict
is raised between any section of this chapter and the following provisions,
the requirements of the latter shall prevail.
(1)
No expansion or enlargement of an existing structure shall be allowed
within any identified floodway that would cause any increase in flood
heights.
(2)
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 chapter.
(3)
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 and/or floodproofed to the
greatest extent possible.
If compliance with any of the requirements of Article X of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of said requirements, subject to the following:
A.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the provisions of Article XX of this chapter and the following:
(1)
No variance 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.
(2)
No variance shall be granted for any of the requirements of this chapter which pertain to activities specifically prohibited in § 260-33B or to development that may endanger human life.
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to achieve the objectives of this chapter.
B.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, but not be limited to, the following:
(2)
That the granting of the variance will neither result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense; nor create nuisances, cause
fraud on, or victimize the public, or conflict with any other applicable
state statute or regulation or local ordinance or regulation.
C.
A report of all variances granted during the year which involve uses
or activities in an FW (Floodway Area), FF (Flood-Fringe Area) or
FA (General Floodplain Area) shall be included in the annual report
to the Federal Emergency Management Agency.
D.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
