[HISTORY:[1] Adopted by the Board of Supervisors of the Township of
East Allen 6-26-2014 by Ord. No. 2014-04. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 112, Floodplain Management,
adopted 10-26-1978 by Ord. No. 78-3, as amended, was repealed 7-24-2008
by Ord. No. 2008-08.
The purpose of these provisions is to promote the general health,
welfare, and safety of the community, reduce the loss of property
and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A.
Regulating uses, activities and land development which, acting alone
or in combination with other existing or future uses, activities and
land development, will cause unacceptable increases in flood heights,
velocities and frequencies;
B.
Restricting or prohibiting certain uses, activities and land development
from locating within areas subject to flooding;
C.
Requiring all uses, activities and land development that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage;
D.
Minimizing the financial burden imposed on the community, its governmental
bodies, and individuals by floods;
E.
Maintaining, to the maximum extent possible, the floodplain in its
natural state and minimizing the removal of vegetation and compaction
of soil to maximize its flood-carrying capacity and water filtering
capabilities; and
F.
Comply with federal and state floodplain management requirements.
A.
These provisions shall apply to all lands within the Township and
shown as being located within the boundaries of any identified floodplain
area.
B.
The provisions of the identified floodplain area shall be imposed
in addition to the requirements of the underlying zoning districts.
In the event that a conflict exists between the overlay and the underlying
districts, the more restrictive provisions shall apply.
C.
No development shall be undertaken, no structure or land shall hereafter
be used; no structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered; and no area shall be developed,
graded, filled or excavated in any identified floodplain area except
in full compliance with the terms and provisions of this chapter and
any other applicable ordinances and regulations.
D.
Failure to comply with the provisions of this chapter is a violation
of a Township ordinance and the Township may proceed with court action
and/or issue a declaration of violation, under Section 1316 of the
National Flood Insurance Act of 1968[1] to the Federal Emergency Management Agency to deny flood
insurance on the property in violation. The effects of having a Section
1316 violation are nonavailability of flood insurance for any buildings,
possible reduction of market value, risk of damage without compensation,
possible mortgage foreclosure, and denial of disaster assistance for
repair of structural damage.
[1]
Editor's Note: See 42 U.S.C. § 4001 et seq.
E.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within an identified floodplain area in East Allen Township
unless a permit has been obtained from the Floodplain Administrator.
F.
Permit shall not be required for minor repairs to existing buildings
or structures.
G.
Abrogation and greater restrictions. This chapter supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other chapter 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 chapter, the more restrictive shall apply.
H.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this chapter 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 chapter are hereby declared to
be severable.
I.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter 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.
(2)
This chapter shall not create liability on the part of East Allen
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.
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
(2)
Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in the Code of Federal Regulations at 44 CFR Section
59.22.
(3)
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Manager of East Allen
Township.
B.
Permits required. A Permit shall be required before any construction
or development is undertaken within any identified floodplain area
of East Allen Township.
C.
Duties and responsibilities of Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the permit application to determine if all other necessary
government permits required by state and federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended),[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(3)
In the case of existing structures, prior to the issuance of any
development/permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(6)
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
(8)
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain chapter as the Floodplain Administrator/Manager.
(10)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by East Allen Township. Such application
shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
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.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
Location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
Location of all existing streets, drives, and other access ways;
and
[5]
Location of any existing bodies of water or watercourses, identified
floodplain areas, and, if available, information pertaining to the
floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(d)
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]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain areas (See § 112-4A.) when combined with all other existing and anticipated development, will not increase the base flood elevation (as established by § 112-4B) at any point within the community.
[4]
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. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
or the development.
[5]
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
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.
(4)
Applications for permits shall be accompanied by a fee, payable to
East Allen Township, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
E.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
F.
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 or individuals (e.g.,
Planning Commission, municipal engineer, etc.) for review and comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
I.
Start of construction. Work on the proposed construction or development
shall begin within 180 days after the date of issuance and shall be
completed within 12 months after the date of issuance of the permit
or the permit shall expire unless a time extension is granted, in
writing, by the Floodplain Administrator. The actual start of construction
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/or 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.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request and the
original permit is compliant with the chapter and FIRM/FIS in effect
at the time the extension is granted.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state; and
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this chapter.
(2)
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of East Allen Township, shall be
guilty of a summary offense and upon conviction shall pay a fine to
East Allen Township, of not less than $25 nor more than $600 plus
costs of prosecution. In addition to the above penalties, all other
actions are hereby reserved, including an action in equity for the
proper enforcement of this chapter. The imposition of a fine or penalty
for any violation of, or noncompliance with, this chapter shall not
excuse the violation or noncompliance or permit it to continue. All
such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this chapter may be declared
by the Board of Supervisors to be a public nuisance and abatable as
such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of East Allen Township, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated July 16, 2014, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(2)
Any community identified flood hazard areas; and
(3)
As identified by other sources and studies found acceptable by the
Township, whichever source shows the larger area.
B.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by East Allen Township and declared
to be a part of this chapter.
C.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas/districts:
(1)
The A Area/District shall be those areas identified as Zone A on
the FIRM included in the FIS prepared by FEMA and for which no one-percent
annual chance flood elevations have been provided. For these areas,
elevation and floodway information from other federal, state, or other
acceptable source shall be used when available. Where other acceptable
information is not available, the 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.
(a)
In lieu of the above, East Allen 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.
(2)
Community identified flood hazard areas shall be those areas where
East Allen 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.
D.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors 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 FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See §§ 112-5B(8) and 112-5D(1)(c) for situations where FEMA notification is required.
E.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Floodplain
Administrator and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
F.
Jurisdictional Boundary Changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Existing uses. A structure or use of a structure or premises which
lawfully existed before the enactment of the identified floodplain
area provisions, but which is not in conformity with those provisions,
shall be subject to the requirements of this section.
B.
Permitted uses and development in the identified floodplain area.
In the identified floodplain area, the following uses and activities
are permitted in the A or AE Zones provided they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance:
(2)
Public and private recreational uses and activities, limited to parks,
day camps, picnic grounds, boat launching and swimming areas, hiking
and horseback riding trails, wildlife and nature preserves, game farms,
fish hatcheries and hunting and fishing areas.
(3)
Uses accessory to those permitted in the underlying zoning district,
including yard areas, gardens and play areas, provided that no structures
are erected and no impervious surfaces are created.
(4)
Redevelopment projects that:
(a)
Do not include critical facilities;
(c)
Are consistent with the goals and objectives of the Township
Comprehensive Plan;
(d)
Are permitted in the applicable underlying zoning district;
(e)
Are elevated to regulatory flood elevation (RFE) and in full
compliance with the floodproofing requirements in the Township Building
Code as amended.
(5)
The repair or expansion of riparian buffers.
(6)
Floodproofing to protect only lawfully existing nonconforming structures
and lawfully existing nonconforming uses within structures.
(7)
Fences and temporary protective fencing that do not impede floodwaters.
(8)
Dams, culverts, bridges, and altered or relocated watercourses with
permits and/or applicable approvals from the PA Department of Environmental
Protection, and/or U.S. Army Corps of Engineers. Furthermore, notification
of such actions shall be provided to all affected adjoining municipalities,
FEMA and the Pennsylvania DCED. The approval of a permit by any of
the preceding state or federal agencies for one of the uses allowed
in the identified floodplain area shall in no way relieve the applicant
from compliance with the requirements imposed upon the use under the
regulations of the identified floodplain area.
(9)
Public utility facilities under the exclusive jurisdiction of the
Pennsylvania Public Utility Commission.
C.
Prohibited uses and development in the identified floodplain area.
The following uses are prohibited from locating within the identified
floodplain area:
(1)
All uses prohibited in the underlying zoning district.
(3)
The production, storage, or use of any amount of radioactive substances.
(4)
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality or human, animal, plant, fish or aquatic
life.
(5)
The production, storage or use of:
(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)
Mercury.
(l)
Nitric acid and oxides of nitrogen.
(m)
Petroleum products (gasoline, fuel oil, etc.).
(n)
Phosphorus.
(o)
Polychlorinated biphenyls (PCBs).
(p)
Potassium.
(q)
Sodium.
(r)
Sulphur and sulphur products.
(s)
Pesticides (including insecticides, fungicides, and rodenticides).
(t)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(u)
Explosives.
(6)
The storage or disposal of materials used for snow and ice control
including sand, salt and other deicing chemicals.
(7)
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage
of vehicles and/or materials.
(8)
The storage or disposal of any soil, loam, peat, sand, gravel, rock,
or other mineral substance, refuse, trash, rubbish, debris, or dredged/excavated
spoil.
(9)
Draining, excavation, or dredging, or removal or relocation of loam,
peat, sand, gravel, soil, rock, or other mineral substance, except
as accessory to work permitted as of right or by special exception
approval.
(10)
Manure storage facilities and manure stockpiles.
(11)
Improvements to existing manufactured home parks and subdivisions.
(12)
Sewage disposal facilities.
(13)
Other than required to meet the requirements of § 112-5B, fill is prohibited in the identified floodplain area.
(14)
The following uses are prohibited and subject to additional
outside agency review to qualify for a variance:
(b)
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] in addition to the burden of proof required for variances
identified in this chapter, no variances may be permitted for the
commencement, construction, enlargement, substantial improvement or
expansion of any structure to be used for these uses without prior
consultation with the Department of Community and Economic Development
and the Department of Environmental Protection to verify that their
requirements have been satisfied.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
D.
General.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection regional office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse.
(2)
Encroachment requiring FEMA involvement.
(a)
When a community proposes to permit the following encroachments:
[1]
Any development that causes a rise in the base flood elevations
within the floodway; or
[2]
Any development occurring in Zones A1-30 and Zone AE without
a designated floodway, which will cause a rise of more than one foot
in the base flood elevation; or
[3]
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(b)
Then the applicant shall (as per 44 CFR 65.12):
[1]
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
[2]
Upon receipt of the administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR 67.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
(4)
Within any identified floodplain area (See § 112-4A.), 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 regional office.
(5)
Any new construction, uses, activities or land development occurring
within the identified floodplain area shall be undertaken only in
strict compliance with the provisions of this chapter and with all
other applicable codes, ordinances and regulations including the Township
Building Code, Stormwater Management Ordinance,[2] Earth Disturbance Ordinance and the Township Subdivision
and Land Development Ordinance.[3]
(6)
Any new construction and/or land development, with the exception
of redevelopment projects, that would cause any increase in the base
flood elevation identified in the Flood Insurance Study shall be prohibited.
(7)
New construction, development or redevelopment in the Flood Way (FW)
area is prohibited.
E.
Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in § 112-7, then the following provisions apply:
(1)
Residential structures.
(a)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 112-4B of this chapter.
(b)
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 through 405 as amended) shall be
utilized.
(2)
Nonresidential structures.
(a)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 112-4B of this chapter.
(b)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(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 through 405 as amended) shall be
utilized.
(3)
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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
chapter, must comply with all chapter requirements that do not preclude
the structure's continued designation as a historic structure.
Documentation that a specific chapter 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 chapter requirements will be the minimum necessary to preserve
the historic character and design of the structure.
F.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill.
(a)
Within any designated floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Section 112-7, then the following provisions apply. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one-foot vertical to two feet horizontal
unless substantiated data justifying steeper slopes are submitted
to, and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. 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 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 No.
348, "Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(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 § 112-5C, Prohibited uses, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
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.
(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 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.
(12)
Equipment. Water heaters, furnaces, air-conditioning, 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.
(14)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and supplement the requirements of this
chapter.
(a)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
G.
Special requirements for development which may endanger human life. If a variance is obtained to permit a prohibited use, as noted in § 112-5C, then the following provisions apply. The structure shall be:
(1)
Prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse;
(2)
Elevated, or designed and constructed to remain completely dry up
to at least 1 1/2 feet above base flood elevation; and
(3)
Designed to prevent pollution from the structure or activity during
the course of a base flood. 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 contained in the publication "Flood Proofing Regulations"
(U.S. Army Corps of Engineers, June 1972 as amended March 1992), or
with some other equivalent watertight standard.
H.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least three lots or at least
one acre, whichever is the lesser, in flood hazard areas where base
flood elevation data are not available, shall be supported by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a conditional
letter of map revision or letter of map revision. Submittal requirements
and processing fees shall be the responsibility of the applicant.
I.
Special requirements for manufactured homes.
(1)
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in § 112-7, then here permitted, all manufactured homes, and any improvements thereto, shall be:
(a)
Prohibited within the area measured 50 feet landward from the
top-of-bank of any watercourse.
(b)
Placed on a permanent foundation.
(c)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above the base flood elevation.
(d)
Anchored to resist flotation, collapse, or lateral movement.
(e)
Have all ductwork and utilities including HVAC/heat pump elevated
to the regulatory flood elevation.
(2)
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing 1984 Edition, draft
or latest revision thereto shall apply and 34 Pa. Code Chapters 401
through 405.
(3)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended where appropriate and applicable to units
where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
A.
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 112-6 shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would, together with all other existing and anticipated development, cause any increase in the BFE. For Zone A, BFE is determined using the methodology in § 112-4B.
(2)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 10% 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)
Within any identified floodplain area (See § 112-4A.), 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 regional office.
(4)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
10% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(5)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter, as well
as the following:
(a)
An improvement to a repetitive loss structure to an extent 10%
or more of its market value of the intact structure shall be prohibited.
Any permitted improvement to a repetitive loss structure shall be
in full compliance with the floodproofing requirements of the Township
Building Code as amended, and shall have the lowest floor, including
basement, elevated to regulatory flood elevation.
(b)
An improvement to a severe repetitive loss structure to an extent
5% or more of its market value as an intact structure shall be prohibited.
Any permitted improvement to a severe repetitive loss structure shall
be in full compliance with the floodproofing requirements of the Township
Building Code as amended, and shall have the lowest floor, including
basement, elevated to regulatory flood elevation. The reconstruction
of a severe repetitive loss structure shall be in full compliance
with the Township Building Code, as amended; shall have the lowest
floor, including basement, elevated to regulatory flood elevation
and the applicant shall provide documentation from the Township, the
State of Pennsylvania and the Federal Emergency Management Agency
that states the Township, the State of Pennsylvania or FEMA will not
acquire the property for the purposes of flood mitigation prior to
the reconstruction of the structure.
(c)
The cost of improvements or reconstruction commenced since the
adoption of this chapter must be calculated at today's current
cost.
(d)
It is the responsibility of the applicant to supply the information
necessary (e.g., appraisals, construction costs, estimates, etc.)
to make the determination that the market value is reasonably accurate
and that the cost estimate reasonably reflects the actual costs of
the improvements to the structure.
(6)
Any improvement or reconstruction to an existing partially damaged
structure shall be undertaken only in full compliance with the floodproofing
requirements in the Township Building Code as amended.
(7)
Any improvement or reconstruction to a substantially damaged structure
shall be in full compliance with the floodproofing requirements in
the Township Building Code as amended, and shall have the lowest floor,
including basement, elevated to regulatory flood elevation.
(8)
The above activity shall also address the requirements of the 34
Pa. Code, as amended and the 2009 IBC and the 2009 IRC.
A.
General. If compliance with any of the requirements of this chapter
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.
B.
Variance procedures and conditions. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 112-3K and the following:
(1)
No variance shall be granted for any construction, development, use, or activity within any floodplain area that would cause any increase in the BFE. For Zone A, BFE is determined using the methodology in § 112-4B.
(2)
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by prohibited activities (See § 112-5C.).
(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 protect the public health, safety, and welfare, and to achieve
the objectives of this chapter.
(5)
(6)
The applicant shall be obligated to provide sufficient hydrologic
and hydraulic analyses to support any claim presented to the Zoning
Hearing Board. All hydrologic and hydraulic analyses shall be undertaken
only by professional engineers 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 and the
Pennsylvania Department of Community and Economic Development.
(7)
The Zoning Hearing Board shall consider all relevant factors and
procedures specified in other sections of this chapter and:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use and its contents to flood
damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed use
to the community.
(f)
The requirements of the use for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the Township Comprehensive
Plan and the Township stormwater management objectives and regulations.
(j)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(l)
The requirements of the National Flood Insurance Program Regulations,
Part 59: General Provisions, and Part 60: Criteria for Land Management
and Use.
(m)
Such other factors which are relevant to the purposes of this
chapter.
(8)
All structures shall be designed and constructed so as to have the
capability of resisting the one-percent annual chance flood.
(9)
Supplemental technical review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a variance to any engineer or other qualified person or agency
for technical assistance in evaluating the proposed project in relation
to flood heights and velocities, and the adequacy of the plans for
protection and other related matters.
(11)
A complete record of all variance requests and related actions
shall be maintained by the Zoning Hearing Board. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the one-hundred-year-flood
or one-percent annual chance flood).
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).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
The Board of Supervisors of East Allen Township.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Cost that includes both the structural and finish or labor
and materials, minus those required to meet floodproofing and flood
elevation regulations and the cost of permits. This includes lighting
fixtures, built-in appliances, interior moldings, paneling, tiling,
wall-to-wall carpet over subflooring, built-in cabinets, etc. The
cost to demolish undamaged building components must be established
and included.
Cost that includes both the structural and finish or labor
and materials minus those required to meet floodproofing and flood
elevation regulations and the cost of permits, to reproduce by new
construction the exact form and detail of a structure or a part thereof,
as it appeared at a specific period of time.
Those facilities that are vital to the community in the event
of a hazard event or disaster, that provide essential services to
the general public, are necessary to preserve the welfare and quality
of life in the region, that fulfill important public safety, emergency
response or disaster recovery functions, or contain at-risk or special
needs populations such as the elderly or children. Examples include
emergency shelters, emergency services, hospitals, public utilities,
government buildings, schools, day cares and elderly housing.
A basis of valuation, which values an asset at the amount
which it would currently cost to obtain.
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.
Construction, placement of fill or similar alteration of
topography in the floodplain that reduces the area available to hold
or convey floodwaters.
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).
Any clean soil or rock materials (sand or clay) used to raise
the ground elevation.
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 flood hazard 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 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 which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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 which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation 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. Or individually listed on a State of Pennsylvania
inventory of historic places; or
Individually listed on a local inventory of historic places
in the Township that has been approved by the Pennsylvania Historic
and Museum Commission (PHMC).
The creation or addition of structural or functional capacity
of a structure that adds to its value and useful life. The term does
not include either:
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;
or
Any improvement of a "historic structure," provided that the
improvement will not preclude the structure's continued designation
as a "historic structure."
A structure that is undamaged in any way; whole.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
A development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
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 chapter.
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 animal excrement, including poultry litter, which is
produced at an agricultural operation. It includes materials such
as bedding and raw materials which are commingled with that excrement.
A storage pile of manure accumulated for future use that
is not confined within a manure storage facility.
A permanent structure or pond, a portion of a structure or
pond, or a group of structures or ponds at one agricultural operation,
utilized for the purpose of containing manure or agricultural process
wastewater. This includes concrete, metal or other fabricated tanks
and underground structures, as well as earthen and synthetically lined
manure storage ponds.
The most probable price which a property should bring in
a competitive and open market under all conditions requisite to a
fair sale; the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus.
To reduce to the smallest amount or extent possible. "Minimize"
shall not mean complete elimination but shall require that the most
substantial efforts possible under the circumstances have been taken
to reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include but not be limited to the requirement that
the placement of dwellings and other structures and the locations
of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the
activity in question to the smallest amount possible under the circumstances
consistent with otherwise permitted development.
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, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
regulation adopted by the community and includes any subsequent improvements
to such structures. Any construction started after February 11, 1983,
and before the effective start date of this floodplain management
chapter is subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A structure or part thereof which does not conform to the
applicable provisions or requirements of the district in which it
is located, either at the time of enactment of an ordinance, or as
a result of subsequent amendments thereto, where such structure lawfully
existed prior to the enactment of such ordinance or amendment.
Use of land or structure, which use does not conform to the
applicable regulations of the district in which it is located, either
at the time of the enactment of an ordinance or as a result of subsequent
amendment of an ordinance or as a result of subsequent amendments
thereto, but which did not violate such regulations prior to the enactment
of ordinance or amendments.
A structure that has sustained damage from any cause whereby
the cost of restoring the structure to its before-damaged condition
is less than 50% of the market value of the structure before the damage
occurred.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
The act or process of reproducing by new construction the
exact form and detail of a structure or a part thereof, as it appeared
at a specific period of time.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The removal and replacement, rehabilitation, or adaptive
reuse of an existing structure or structures, or of vacant but formerly
developed land.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds $1,000
or 10% of the market value of the structure before the damages occurred,
whichever is less, since 1978.
A structure regularly used by its occupants as a permanent
place of abode, which is made one's home as opposed to one's
place of business.
As determined by FEMA, a structure that has incurred flood-related
damage for which four or more separate claim payments have been paid
by the National Flood Insurance Program (NFIP) since 1978 under flood
insurance coverage with the amount of each claim payment exceeding
$5,000 and with cumulative amount of such claim payments exceeding
$20,000; or for which at least two separate claim payments have been
made since 1978 with the cumulative amount of such claims exceeding
the reported value of the property.
Means 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, A1-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.
Any man-made object having an ascertainable stationary location
on or in land or water whether or not affixed to land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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.
East Allen Township.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the Township, 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.
Land from which previous improvements have been removed.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, 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.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow. Man-made swales, constructed specifically
for stormwater management purposes, are excluded from this definition.
The Zoning Hearing Board of East Allen Township.
