[See Ch. 27, Zoning, Part 21, Floodplain Management.]
[Ord. 540, 3/21/2012, § 8-101]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Commissioners of Lower Swatara Township does hereby set forth the
following provisions.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[Ord. 540, 3/21/2012, § 8-102]
1.
This chapter supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in effect 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.
2.
If any section, subsection, paragraph, sentence, clause, or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of the ordinance,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
[Ord. 540, 3/21/2012, § 8-103]
1.
The purpose of these provisions is to set forth by separate ordinance,
floodplain management regulations deemed necessary to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
2.
The provisions and purposes of this Part are accomplished by:
A.
Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities, and
development, will cause unacceptable increases in flood heights, velocities,
and frequencies.
B.
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
C.
Requiring all of those uses, activities, and developments that do
occur in flood prone areas to be protected and/or floodproofed against
flooding and flood damage.
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
3.
These provisions shall apply to all lands within the jurisdiction
of Lower Swatara Township and identified as being subject to the base
flood in the Flood Insurance Study (FIS) prepared for the Township
by the Federal Insurance Administration (FIA) dated August 2, 2012,
as amended from time to time.
4.
No structure or land shall hereafter be used and no structure shall
be located, relocated, constructed, reconstructed, enlarged, or structurally
altered except in full compliance with the terms and provisions of
this chapter and any other applicable ordinances and regulations which
apply to uses within the jurisdiction of this chapter.
5.
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 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.
6.
This chapter shall become effective August 2, 2012.
[Ord. 542, 5/16/2012]
|
This chapter shall not create liability on the part of Lower
Swatara Township or any officer or employee thereof for any flood
damages that result from reliance on this chapter or administrative
decisions lawfully made thereunder.
|
[Ord. 540, 3/21/2012, § 8-104]
Unless specifically defined below, words, phrases, and terms
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").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and 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.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured housing
(mobile homes and trailers) to be used for human habitation.
A construction code official or designee who manages, supervises,
and administers building code enforcement activities.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
vapor.
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage, the structure is
substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
The Township Zoning Officer shall be appointed to administer
and enforce this chapter and shall be referred to herein as the Floodplain
Administrator. The Building Code Official and authorized Township
staff shall assist the Floodplain Administrator as appropriate.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
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 United States Department of the Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listed 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
of the Interior to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the base flood.
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.
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.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area
used solely for the 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 vehicles
and other similar vehicles which are placed on a site for more than
180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of 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 existing 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, electrical wiring, or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after April 15, 1977, and includes any subsequent improvements
thereto.
A manufactured home park or subdivision for which the construction
of facilities 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 flood that, on 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). Interchangeable with the
term "base flood."
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.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest projections;
Designed to be self-propelled or permanently towable by a light-duty
truck or vehicle;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
The base flood elevation plus a freeboard safety factor of
1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the Flood Insurance
Rate Map as Zone A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails and prisons, and new manufactured home parks and subdivision
and substantial improvements to such existing parks when such development
is located in all or a designated portion of a floodplain.
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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, or 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, the cost of which 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,
regardless of the actual repair work performed. The term does not,
however, 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.
Any alteration of an historic structure; provided, that the
alteration will not preclude the structure's continued designation
as an historic structure.
The Statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party, or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopts the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
to state floodplain construction. For coordination purposes, references
to the above are made specifically to various sections of the IRC
and IBC.
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.
The Township Zoning Officer and those Township staff acting
under the authority of, and on behalf of, the Township Zoning Officer.
[Ord. 540, 3/21/2012, § 8-105]
1.
Designation of the Floodplain Administrator.
A.
The Lower Swatara Township Zoning Officer is hereby appointed to
administer and enforce this chapter and is referred herein as the
"Floodplain Administrator."
B.
The Building Code Official or other authorized Township employee
may fulfill the duties and responsibilities of the Floodplain Administrator
as appropriate.
2.
Duties and Responsibilities of the Floodplain Administrator.
A.
The Floodplain Administrator shall issue a permit for building or
development activities 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.
B.
During the construction and development 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. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
C.
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.
D.
In the event the Floodplain Administrator discovers 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 the fact to the Lower Swatara Township Board of Commissioners
for whatever action it considers necessary.
E.
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection, and enforcement.
F.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code, Act 45 of 1999 (Uniform Construction Code), Chapters
401, 403, and 405, and the current edition of the International Building
Code and International Residential Code adopted by the Department
of Labor and Industry.
3.
Building Permits.
A.
A building permit shall be required for all construction and development
within any area of Lower Swatara Township which shall include, but
not be limited to, buildings or other structures, paving, grading,
filling, excavation, mining, dredging, or drilling activities.
B.
The application for such building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by the Code Enforcement
Department.
C.
If any proposed construction or development is located entirely or
partially within any identified floodplain, applicants for building
permits shall provide all necessary information in sufficient detail
and clarity to enable the Code Enforcement Officer to determine that:
(1)
All such proposed construction is consistent with the need to
minimize flood damage and conform to the requirements of this Part
and all other codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
D.
Issuance of Building Permits.
(1)
The building permit shall be issued only after it has been determined
that the proposed work to be undertaken will be in conformance with
the requirements of this chapter and all other applicable codes and
ordinances.
(2)
Prior to the issuance of any building permit, the Floodplain
Administrator shall review the application for permit to determine
if all other necessary governmental permits required by State and
Federal laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 537, as amended);[1] the Dam Safety and Encroachments Act (Act 1978-325, as
amended);[2] the Clean Water Act (§ 404, 33 U.S.C. § 1334);
and the Pennsylvania Clean Streams Act (Act 1937-394, as amended).[3] No permit shall be issued until this determination has
been made.
E.
Applicants shall file the following minimum information plus any
other pertinent information as required by the Floodplain Administrator:
(1)
A completed building permit application form.
(2)
A brief description of the proposed work and estimated cost,
and if applicable, include a breakout of flood-related cost and the
market value of the building before flood damage occurred.
(3)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date.
(b)
Topographic contour lines at vertical intervals of five feet
or less.
(c)
All property and lot lines including dimensions and the size
of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings and structures,
and lowest floor elevations; utilities; and other improvements, including
the location of any existing or proposed subdivision and land development.
(e)
The location of all existing streets, drives, and other accessways.
(f)
The location of any existing bodies of water or water courses,
identified floodplain areas, and, if available, information pertaining
to the floodway and the flow of water including direction and velocities.
(4)
Plans of all proposed buildings, structures and other improvements
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon the National Geodetic Vertical Datum of 1988.
(b)
The elevation of the base flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with a base flood.
(d)
Detailed information concerning any proposed flood-proofing
measures and corresponding elevations.
(e)
Supplemental information as may be necessary under 34 Pa. Code,
the International Building Code or the International Residential Code,
using the edition most recently adopted by the Department of Labor
and Industry.
(5)
The following data and documentation:
(a)
When any part of a proposed structure or a substantial improvement
to an existing structure is to be built below the elevation of the
base flood, the applicant shall submit a document, certified by a
registered professional engineer or architect which states that the
proposed construction has been adequately designed to withstand the
base flood elevations, pressures, velocities, impact and uplift forces
associated with a base flood. Such statement shall include a description
of flood proofing measures which have been incorporated into the design
of the structure and/or development.
(b)
Documentation, certified by a registered professional engineer
or architect, which contains a complete and accurate description of
the effects the proposed development will have on base flood elevations
and flows.
(c)
(d)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(e)
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.
(f)
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, 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.
F.
Applications for permits shall be accompanied by a fee, payable to
the Township based on the estimated cost or the proposed construction
and/or the Township Fee Schedule as determined by the Floodplain Administrator.
G.
Review by the County Conservation District. A copy of all applications
and plans for any proposed construction or development in an 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 building permit. The
recommendations of the Conservation District shall be considered by
the Floodplain Administrator for possible incorporation into the proposed
plan.
H.
Review of the Application of Others. A copy of all plans and application
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Township Engineer, etc.) for review and
comment.
I.
Changes. After the issuance of a building permit by the Floodplain
Administrator, no change 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.
J.
Placards. In addition to the building 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 building permit and the date of issuance.
K.
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.
4.
Activities Requiring Special Permits.
A.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[4] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the Township:
(2)
The commencement of, or construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Application Requirements for Special Permits. Five copies of the
completed permit application which include, in addition to the building
permit requirements for all other construction/development within
a floodplain, the following information shall be submitted with the
permit application:
(1)
A small-scale map showing the vicinity in which the proposed
site is located.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less with the following additional
data:
(a)
Topography based upon the National Geodetic Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet.
(b)
Parking areas with information concerning widths, pavement types
and construction, and elevations.
(c)
The location of any existing bodies of water, buildings, structures,
and other public or private facilities, including railroad tracks
and facilities, and other natural and man-made features affecting,
or affected by, the proposed activity or development.
(d)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevations and information
concerning the flow of water, including direction and velocities.
(e)
Location of all utilities.
(f)
Any other information which the Township considers necessary
for adequate review of the application.
(3)
Plans of all proposed buildings, structures, and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings
including floor plans, sections, and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
The location and cross-section drawings for all proposed streets,
drives, other accessways, and parking areas, showing all rights-of-way
and pavement widths, pavement types and construction, and elevations.
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(4)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents.
(b)
A statement, certified by a registered professional engineer,
architect, or other qualified person, which contains a complete and
accurate description of the nature and extent of pollution that might
possibly occur from the development during the course of a base flood,
including a statement concerning the effects such pollution may have
on human life.
(c)
A statement, certified by a registered professional engineer
or architect, which contains a complete and accurate description of
the kinds and amounts of any loose buoyant materials or debris that
may possibly exist or be located on the site below the base flood
elevation and the effects such materials and debris may have on base
flood elevations and flows.
(d)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(e)
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 controls.
(g)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during a base flood event.
C.
Application Review Procedures for Special Permits. In addition to
the review procedures associated with a building permit for all other
construction and/or development within an identified floodplain, the
flowing reviews and actions shall be performed:
(1)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendation. Copies shall
also be forwarded to the Township Planning Commission and Engineer
for review and comment.
(2)
If an application is received that is incomplete, the Township
shall notify the applicant, in writing, stating in what respects the
application is deficient.
(3)
If the Township finds cause to disapprove an application, it
shall notify the applicant, in writing, the reason for the disapproval.
(4)
If the Township approves an application, it shall file written
notification, together with the application and all pertinent information
with the Department of Community and Economic Development by registered
or certified mail within five working days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow
the Department of Community and Economic Development 30 days after
receipt of notification by the department, to review the application
and the decision made by the Township.
(6)
If the Township does not receive any communication from the
Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the Township
and the applicant, in writing, of the reasons for the disapproval,
and the Township shall not issue the special permit.
D.
Special Technical Requirements for Special Permits. In addition to
the technical requirements associated with all other construction
and/or development within an identified floodplain, the following
requirements shall be met:
(2)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed, and maintained in a manner which will:
(a)
Fully protect the health, safety, and welfare of the general
public and any occupants of the structure. At a minimum, all new structures
shall be designed, located, and constructed so that:
1)
The structure will survive inundation by waters of a base flood
event without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the base flood
elevation.
2)
The lowest floor elevation (including basement) will be at least
1 1/2 feet above the base flood elevation.
3)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(b)
Prevent any significant possibility of pollution, increased
flood levels, or flows or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications
who shall certify that the technical methods used to 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 Department of Community and
Economic Development.
5.
Appeals.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may file an appeal. Such appeal shall be filed in writing,
within 30 days after the decision, determination, or action of the
Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board/Code Hearing
Board shall set a time and place, not less than 10 days nor more than
30 days, for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be given
to all parties and comply with standard hearing procedures.
C.
Any person aggrieved by any decision of the Zoning Hearing Board/Code
Hearing Board may further appeal to the Lower Swatara Township Board
of Commissioners.
[Ord. 540, 3/21/2012, § 8-106]
1.
Identification. The identified floodplain area shall be any areas
of Lower Swatara Township classified as special flood hazard areas
(SFHAs), floodway areas, and other flood areas in the Flood Insurance
Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) dated
August 2, 2012, and issued by the Federal Emergency Management Agency
(FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
The above-referenced FIS and FIRMs, and subsequent revisions
and amendments are hereby adopted by Lower Swatara Township and declared
to be a part of this chapter.
2.
Description and Special Requirements of Identified Floodplain Areas.
The identified floodplain area shall consist of the following specific
areas:
A.
Floodway Area.
(1)
Description. The area identified as floodway in the FIS which
represents the channel of a water course and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one
foot at any point.
This term shall also include floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS.
B.
Special Floodplain Area (Special Flood Hazard Area).
(1)
Description. The areas identified as Zones AE and A1-30 in the
FIS which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have base flood elevations
(BFEs) shown.
(2)
Special Requirements.
(a)
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.
(b)
In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
C.
Approximate Floodplain Area.
(1)
Description. The areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(2)
Special Requirements.
(a)
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.
(b)
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
In lieu of the above, the municipality may require the applicant
to determine 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 Lower Swatara Township.
D.
Shallow Flooding Area.
(1)
Description. The areas identified as Zones AO and AH in the
FIS. These areas are subject to inundation by one-percent-annual-chance
shallow flooding where average depths are between one and three feet.
(2)
Special Requirements. Establish drainage paths to guide floodwaters
around and away from structures on slopes.
E.
Other Flood Areas.
(1)
Description. The areas identified as Zone X on the FIRMs. These
areas are subject to a 0.2% chance of flood; areas of one-percent-annual
chance of flood with average depths of less than one foot or with
drainage areas less than one square mile; and areas protected by levees
from one-percent-annual chance of flood.
(2)
Special Requirements. Establish drainage paths to guide floodwaters
around and away from structures on slopes.
3.
Changes in Identification of Floodplain Area.
A.
The identified floodplain area may be revised or modified by the
Lower Swatara Township Board of Commissioners where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change, approval must be obtained
from the Federal Emergency Management Agency (FEMA). Additionally,
as soon as practicable, but no later than six months after the date
such information becomes available, the Township shall notify the
FEMA of the changes by submitting technical or scientific data.
B.
The Township shall submit technical or scientific data to FEMA for
a Letter of Map Revision (LOMR) within six months of the completion
of any new construction, development, or other activity resulting
in a change to the base flood elevation (BFE).
4.
Interpretation of District Boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the Floodplain
Administrator. Should a dispute arise concerning the boundaries of
any of the districts, the Zoning Hearing Board shall make the necessary
determination. The person questioning or contesting the location of
the district boundary shall be given a reasonable opportunity to present
this case to the Board and to submit their own technical evidence
if so desired.
5.
Floodplain Boundary Disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Lower Swatara Township Planning Commission and any party aggrieved
by this decision or determination may appeal to the Lower Swatara
Township Board of Commissioners. The burden of proof shall be on the
appellant.
[Ord. 540, 3/21/2012, § 8-107]
1.
Introduction. All uses, activities and development occurring within
any floodplain area shall be undertaken, only, in strict compliance
with the provisions of this chapter and with all other applicable
codes and ordinances.
2.
Alteration or Relocation of a Watercourse.
A.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
B.
No encroachment, alteration, or improvement of any kind shall be
made to any water course 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 been first obtained from
the Department of Environmental Protection Regional Office.
C.
In addition, the Federal Emergency Management Agency (FEMA) and the
Pennsylvania Department of Community and Economic Development shall
be notified prior to any alteration or relocation of any watercourse.
D.
The Township shall submit technical or scientific data to FEMA for
a Letter of Map Revision (LOMR) within six months of the completion
of any new construction, development, or other activity resulting
in a change to the base flood elevation (BFE).
3.
Floodway Area (FW). In the floodway area (FW), any new construction
and/or development that would cause any increase in flood heights
shall be prohibited.
A.
Permitted Uses. In the floodway area (FW), the following uses and
activities are permitted provided they are in compliance with the
provisions of the underlying zoning district and are not prohibited
by any other ordinance and provided that they do not require structures,
fill, or storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(2)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play
areas, and pervious parking areas.
(4)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, etc.
B.
Uses Permitted by Special Exception. The following uses and activities
may be permitted by special exception; provided, that they are in
compliance with the provisions of the underlying zoning district and
are not prohibited by any other ordinance:
(1)
Structures, except for manufactured homes, accessory to the
uses and activities in Subsection 3A above.
(2)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(4)
Temporary uses such as circuses, carnivals, and similar activities.
(5)
Storage of materials and equipment; provided, that they are
not buoyant, flammable, or explosive and are not subject to major
damage by flooding or; provided, that such material and equipment
is firmly anchored to prevent flotation or movement, and/or can be
readily removed from the area within the time available after a flood
warning.
(6)
Other similar uses and activities provided they cause no increase
in flood heights and/or velocities. All use, activities and structural
development, shall be undertaken in strict compliance with floodproofing
provisions contained in this chapter and all other applicable codes
and ordinances.
(7)
Extraction of sand, gravel, and other materials.
C.
Uses Specifically Prohibited. The following uses shall be specifically
prohibited if located partially or entirely within any Floodway District
(FW):
D.
For any allowable use within the floodway, no new construction or
development shall be allowed and no permit shall be issued until a
permit is obtained from the Department of Environmental Protection
regional office.
4.
Special Floodplain Hazard Area (SFHA) and Approximate Floodplain
Area.
A.
Permitted Uses. The development and/or use of land shall be permitted
in accordance with the regulations of the underlying zoning district;
provided, that all such uses, activities and/or development shall
be undertaken in strict compliance with the floodproofing and related
provisions contained in this chapter and all other applicable codes
and ordinances.
[Ord. 540, 3/21/2012, § 8-108]
1.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act (Act
166), as amended,[1] and the regulations adopted by the Pennsylvania 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 which will be used for any activity requiring the maintenance
of a supply (more than 550 gallons or other comparable volume or any
amount of radioactive substances) of any of the following 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:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any Floodway District (FW), any structure of the kind described
in Subsection 1A above shall be prohibited.
C.
Where permitted in any floodplain area, any new or substantially
improved structure of the kind described in Subsection 1A above, shall
be:
D.
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 flood-proofing contained in
the publication "Flood-Proofing Regulations" (United States Army Corps
of Engineers, June 1972, as amended March 1992), or some other equivalent
watertight standard.
2.
Special Requirements for Manufactured Homes.
[Ord. 540, 3/21/2012, § 8-109]
A structure or use of a structure or premises which lawfully
existed before the enactment of this chapter, but which is not in
conformity with this chapter, may be continued, subject to the following
conditions:
A.
No expansion or enlargement of an existing structure and/or use shall
be allowed within any floodway area that would cause any increase
in flood heights.
B.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure and/or use 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.
C.
Any modifications, alteration, reconstruction, or improvement of
any kind to an existing structure and/or use to an extent or amount
of less than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
[Ord. 540, 3/21/2012, § 8-110]
1.
Review Factors. In passing upon applications for special exceptions,
the Zoning Hearing Board shall consider all relevant factors and procedures
specific in other sections of this chapter and:
A.
The danger to life and property due to increased flood elevations
or velocities caused by encroachments.
B.
The danger that materials may be swept onto 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 facility 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 facility
to the community.
F.
The requirement of the facility 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 Comprehensive Plan and
floodplain management program for the area.
J.
The safety of access to the property in time of flood for ordinary
and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise, and sediment
transport of flood waters expected at the site.
L.
Such other factors which are relevant to the purposes of this chapter.
2.
Supplemental Technical Review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a special exception to any engineer or other qualified persons
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.
3.
Conditions for Approving Special Exceptions.
A.
Special exceptions shall only be issued after the Zoning Hearing
Board/Code Hearing Board has determined that the granting of such
will not result in:
B.
No special exception shall be granted for any proposed use, development,
or activity within any Floodway District (FW) that will cause any
increase in flood elevations.
[Ord. 540, 3/21/2012, § 8-111]
1.
General. If compliance with any of the requirements of Part 1 would
result in an exceptional hardship for a prospective builder, developer,
or land owner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements. If compliance with
any of the requirements of Part 2 would result in an exceptional hardship
for a prospective builder, developer, or land owner, the Code Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
2.
Variance Procedures and Requirements. Requests for variances shall
be considered by the Zoning Hearing Board/Code Hearing Board in accordance
with the following:
A.
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in the base flood elevation.
B.
No variance shall be granted for any construction, development, use,
or activity within any special floodplain hazard area that would,
together with all other existing and anticipated development, increase
the base flood elevation by more than one foot at any point.
C.
Except for possible modification of the 1 1/2 foot freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to § 8-108, Subsection 1, Development Which May Endanger Human Life, or § 8-105, Subsection 4, Activities Requiring Special Permits.
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
In granting any variance, the Zoning Hearing Board/Code 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.
G.
In reviewing any request for a variance, the Zoning Hearing Board/Code
Hearing Board shall consider, but not be limited to, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood elevations, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with any other
applicable local or state ordinances or regulations.
(5)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the base flood.
H.
A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
related to this chapter that were granted during the year shall be
included in the annual report to the Federal Emergency Management
Agency and the Federal Insurance Administration.
