[Ord. No. 634, § 2, 10-11-1971; Ord. No. 737, § 1, 12-29-1975; Ord. No. 791, §§ 1 — 4, 12-27-1977; Ord. No. 1208, §§ 1 — 12, 12-16-1996; Ord. No. 1617, § 4, 2-22-2016]
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 Council
of Plymouth Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
In addition to the purpose and statement of community development
objectives found in this Zoning Code, the specific intent of the FP
Floodplain Conservation District shall be to protect areas of floodplain
subject to and necessary for the containment of floodwaters and to
permit and encourage the retention of open space land uses which will
be so located and utilized as to constitute a harmonious and appropriate
aspect of the continuing physical development of the Township. Furthermore,
in light of the Township's certification as eligible for federal flood
insurance, it is the intent of such district to provide adequate protection
for flood-prone properties within the Township. In advancing these
principles and the general purpose of this Zoning Code, the following
shall be specific objectives of the FP Floodplain Conservation District:
A.
Protect areas of the floodplain necessary to contain floodwaters.
B.
To permit only those uses in the floodplain that are compatible with
preserving natural conditions and stream flow.
C.
Promote the general health, welfare, and safety of the community
by preventing development in areas prone to flooding.
D.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
E.
Minimize danger to public health by protecting water supply and natural
drainage.
F.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
G.
Comply with federal and state floodplain management requirements.
The Floodplain Conservation District is defined and established
as a district applicable to those areas of the Township subject to
inundation by the waters of the 1% annual chance flood (one-hundred-year
flood) consisting of the following specific areas:
A.
Areas delineated on the Flood Insurance Rate Map (FIRM) for Montgomery
County, Pennsylvania, as prepared by the Federal Emergency Management
Agency, dated March 2, 2016, and subsequent revisions thereto. Said
floodplain areas are identified in Section 2707 and consist of the
following specific areas:
1.
Floodway.
2.
A Zone.
3.
AE Zone without Floodway.
4.
AE Zone adjacent to defined Floodway.
5.
Alluvial soils.
(a)
Alluvial soils as delineated by the USDA-NRCS Web-Based Soil
Survey (available online at http://websoilsurvey.nrcs.usda.gov/),
including the following soils:
(b)
The Township will recognize a soils analysis prepared by a licensed
soil scientist for specific alluvial soils delineation for an individual
site and allow this study to supersede the USDA-NRCS website.
B.
In lieu of the above, the Township may require the applicant to determine
the elevation with hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualifications, who shall certify
that the technical methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough technical review
by the Township.
C.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
D.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the special flood hazard area of Plymouth Township
unless a permit has been obtained from the floodplain administrator.
E.
A permit shall not be required for minor repairs to existing buildings
or structures.
F.
Except where this chapter prescribes a greater setback due to the
boundaries of the floodplain, the minimum setback from any watercourse
for a structure shall be equal to the horizontal distance from the
top of bank of the watercourse, extended to a point at which the elevation
is one (1) foot above the elevation of the top of bank, as verified
by the Township Engineer.
This ordinance supersedes any other conflicting provisions which
may be in effect in the Floodplain Conservation District. However,
any other ordinance provisions shall remain in full force and effect
to the extent that those provisions are more restrictive. If there
is any conflict between any of the provisions of this ordinance, the
more restrictive shall apply.
A.
The degree of flood protection sought by the provisions of this ordinance
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 ordinance does not imply
that areas outside the Floodplain Conservation District or that land
uses permitted within such areas will be free from flooding or flood
damages.
B.
This ordinance shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully
made thereunder.
The following definitions are specific to the Floodplain Conservation
District:
Any area of the building having its floor below ground level
on all sides.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
The lowest floor of the lowest fully enclosed area (including
basement).
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the date of enactment of the floodplain regulations in Article XXVII, and includes any subsequent improvements thereto. Any construction started after July 18, 1978, and before the effective start date of this floodplain management ordinance 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.
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/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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty (50) percent 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 fifty (50) percent
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 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. Standards for alteration of historic
structures are set forth in Section 2717 of this article.
The failure of a structure, use or other development to be
fully compliant with the community's zoning 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.
The Floodplain Conservation District shall be any areas of the Township
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs),
dated March 2, 2016, 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.
B.
Areas with alluvial soils as set forth in Section 2703 of this article.
C.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township and declared to
be a part of this ordinance.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
A.
The Floodway Area/District shall be those areas identified as Floodway
on the FIRM as well as those 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.
The floodway represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one (1) foot at any point.
1.
Within any Floodway Area, no encroachments, including fill, new construction,
substantial Improvements, or other development, shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
2.
Within any Floodway Area, no new construction or development shall
be allowed, unless a permit is obtained from the Department of Environmental
Protection's regional office.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
1.
The AE Area/District adjacent to the Floodway shall be those areas
identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided and a floodway
has been delineated.
2.
The AE Area/District without Floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(a)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without Floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one (1) foot at any point.
(b)
No new construction or development shall be located within the
area measured fifty (50) feet landward from the top of bank of any
watercourse, unless the appropriate permit is obtained from the Department
of Environmental Protection's regional office.
C.
The A Area/District shall be the areas identified as an A Zone on
the FIRM included in the FIS prepared by FEMA and for which no base
flood elevations have been provided. For these areas, elevation and
floodway information from other federal, state, or other acceptable
sources 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 Floodplain Conservation District
which is nearest the construction site.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
The Floodplain Conservation District may be revised or modified
by the Township Council 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 FEMA.
Additionally, as soon as practicable, but not later than six (6) months
after the date such information becomes available, a community shall
notify FEMA of the changes by submitting technical or scientific data.
A.
In the case of any dispute concerning the boundaries of an FP Floodplain
Conservation District, the initial determination shall be made by
the Township Engineer.
B.
Any party aggrieved by such decision of the Township Engineer, which may include the grounds that the FIRM is or has become incorrect because of changes due to natural or other causes, or corrections indicated by additional detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XXI and in Sections 2718, 2719 and 2720. The burden of proof shall be on the applicant.
C.
Insofar as changes in various natural conditions are included in
such district, such changes may be validated by detailed on-site survey
techniques. A determination of whether or not a proposed use is within
the FP Floodplain Conservation District shall, upon appeal from the
decision of the Township Engineer, be made by the Zoning Hearing Board
upon receipt of the findings of the detailed on-site survey by the
applicant. The Board may consider, in addition to other evidence and
standards, the recommendations of the Planning Agency and the validation
of the Federal Emergency Management Agency (FEMA) and/or other governmental
agencies.
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.
The following uses and no others shall be permitted by right
in the Floodplain Conservation District in compliance with the requirements
of this article:
A.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices;
B.
Pasture and grazing land in accordance with recognized soil conservation
practices;
C.
Outdoor plant nurseries or orchards in accordance with recognized
soil conservation practices;
D.
Wildlife sanctuaries, woodland preserves, arboretums and passive
recreation or parks, including hiking, bicycle and bridle trails,
but not including facilities subject to damage by flooding;
E.
Forestry, lumbering and reforestation in accordance with recognized
natural resource conservation practices, but not permitting structures;
F.
Utility transmission lines;
G.
Sealed public water supply wells and pipelines, with approval of
proper state agencies;
H.
Sanitary sewers and storm sewers, with approval of proper state agencies
and the Township Engineer;
I.
Front, side and rear yards and the required lot area for any district;
and
J.
Public roadways, with approval of applicable state agencies and the
Township Council.
Any use or activity not authorized within Section 2712 herein
shall be prohibited within the Floodplain Conservation District, and
the following activities and facilities are specifically prohibited:
A.
Freestanding structures, buildings, mobile homes, manufactured homes,
recreational vehicles, retaining walls and any grading or filling,
with the exception of flood retention dams, as approved by the Pennsylvania
Department of Environmental Protection and the Township Engineer;
B.
The relocation of any watercourse, without the approval of the Township
Council or without a permit from the Pennsylvania Department of Environmental
Protection. Where an encroachment permit is required by the Department,
such permit application shall be forwarded to any affected adjacent
municipality, the Pennsylvania Department of Community and Economic
Development and the Federal Emergency Management Agency (FEMA) 30
days prior to any hearing or formal Board action;
C.
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and miscellaneous materials or storage of any buoyant, toxic or dangerous
materials;
D.
On-site sewage disposal systems;
E.
Private water supply wells;
F.
Paved or all-weather parking lots, private roads and driveways;
G.
Encroachments or any development in the Floodway Area/District that
would cause any rise in the one-hundred year (1% annual chance) base
flood elevation; and
H.
Stripping of topsoil, ground cover or vegetation, or the removal
of trees within 20 feet of a stream bank.
The following uses shall be banned in any FP Floodplain Conservation
District, and no variance thereto shall be granted:
A.
Any new or substantially improved structure which will be used for
the production or storage of any of the following dangerous materials
or substances, or which will be used for any activity requiring the
maintenance of a supply of more than five (5) gallons, or other comparable
volume, of any other of the following dangerous materials or substances,
on the premises or will involve the production, storage, or use of
any amount of a radioactive substance:
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.
Sulfur and sulfur products.
17.
Pesticides (including insecticides, fungicides, and rodenticides).
18.
Radioactive substances, insofar as such substances are not otherwise
regulated.
C.
The commencement of or any construction of a new manufactured home
park or manufactured home subdivision or any substantial improvement
to an existing manufactured home park or manufactured home subdivision.
All subdivision proposals and development proposals containing
at least 50 lots or at least 5 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.
The provisions of this ordinance 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 Section 2717 and Article XVIII, Nonconforming Buildings, Structures, Uses and Lots, of this ordinance shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area that would cause any increase in the elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District without Floodway, as defined in Section
2708B, that would, together with all other existing and anticipated
development, increase the BFE more than one (1) foot at any point.
C.
Within any AE Area/District without a Floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless the appropriate permit
is obtained from the Department of Environmental Protection's regional
office.
D.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of fifty (50)
percent or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this ordinance.
E.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement, as defined in this ordinance,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as an historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
F.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
G.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
If compliance with any of the requirements of this ordinance
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township Zoning Hearing Board may, upon
request, grant relief from the strict application of the requirements.
A.
Applications for approval of variances in the FP Floodplain Conservation
District shall be considered using the standards listed in Section
2720.
B.
The Zoning Hearing Board shall request the review and recommendations
of the Pennsylvania Department of Environmental Protection and the
County Conservation District at least 30 days prior to the public
hearing.
C.
The Board shall request, at least 30 days prior to the public hearing,
the review and recommendation of the Township Planning Agency and
the Township Engineer.
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
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.
G.
A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Insurance Administration.
A.
For a use other than those permitted in Section 2712 of this chapter,
an application seeking approval by variance shall be forwarded to
the Zoning Hearing Board along with required studies or information
and the findings of the Zoning Officer.
B.
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area that would cause any increase
in the BFE.
C.
No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without Floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one (1) foot at any point.
D.
No variance shall be granted for any development regulated by Section
2714, Banned Uses.
E.
In reviewing any request for a variance, the Township shall consider,
at a minimum, the following:
1.
That there is good and sufficient cause.
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the Zoning Ordinance in the neighborhood
or district in which the property is located.
(b)
That, because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of the Zoning Ordinance and that the
authorization of a variance is therefore necessary to enable the reasonable
use of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(e)
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplains at the location of the proposed
use.
(f)
Lands abutting the waterway, both upstream and downstream, shall
not be adversely affected by the proposed use.
(g)
The general welfare or public interest of the Township or of
other municipalities in the same watershed shall not be adversely
affected.
(h)
Any new structure permitted by a variance shall be constructed
and placed on the lot 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.
2.
That failure to grant the variance would result in exceptional hardship
to the applicant.
3.
That the granting of the variance will:
F.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the base flood.
In granting any variance, the Township shall attach the following
technical provisions to the proposal for which the variance has been
granted. These conditions and safeguards are necessary in order to
protect the public health, safety, and welfare of the residents of
the municipality.
A.
Pertaining to the alteration or relocation of watercourse:
1.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection's regional office.
2.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
3.
In addition, the FEMA and Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six (6)
months of the completion of any new construction, development, or
other activity resulting in changes in the BFE. The applicant is required
to apply to FEMA for a conditional approval prior to permitting the
encroachments to occur in accordance with 44 CFR Part 65.12. Upon
conditional approval and prior to approving the proposed improvements,
the Township is required to adopt a revision to the Floodplain Management
Ordinance incorporating the increased base flood elevation and/or
revised floodway for post-development conditions. Upon completion
of the proposed encroachments, the applicant is required to provide
as-built certifications to be submitted to FEMA for the final map
revision in accordance with 44 CFR Part 67. A LOMR or conditional
letter of map revision (CLOMR) is required for:
1.
Any development that causes a rise in the base flood elevations within
the Floodway; or
2.
Any development occurring in Zone A 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).
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this ordinance
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured fifty (50)
feet landward from the top of bank of any watercourse, a permit shall
be obtained from the Department of Environmental Protection's regional
office.
A.
Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured fifty (50) feet landward from
the top-of-bank of any watercourse.
B.
Within any Floodway Area/District, manufactured homes shall be prohibited.
C.
Where permitted by variance within the Floodplain Conservation District,
all manufactured homes, and any improvements thereto, shall be:
D.
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 International Residential 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 401-405.
E.
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the most-recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the proposed installation.
A.
Residential structures.
1.
In the Floodway or AE Zone, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
2.
In A Zones, where there are no base flood elevations specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation determined in accordance with Section 2708C
of this ordinance.
3.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most-recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
B.
Nonresidential structures.
1.
In the Floodway or AE Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
2.
In A Zones, where there are no base flood elevations specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with Section 2708C of this ordinance.
3.
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.
4.
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the most-recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be used.
C.
Space below the lowest floor.
1.
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.
2.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one (1) square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one (1) foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures.
1.
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to at least
1 1/2 feet above the regulatory flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one (1) square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one (1) foot
above grade.
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
A.
Fill. If fill is used, it shall:
1.
Extend laterally at least fifteen (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 (1) vertical to two (2) horizontal feet, 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.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall 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.
C.
Water and sanitary sewer facilities and systems.
1.
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.
2.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
3.
No part of any on-site sewage system shall be located within any
Floodplain Conservation District except in strict compliance with
all state and local regulations for such systems. If any such system
is permitted, it shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
4.
The design and construction provisions of the UCC and FEMA No. 348,
Protecting Building Utilities From Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
D.
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.
E.
Streets. The finished elevation of all new streets shall be no more
than one (1) foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or
in times of flooding could be injurious to human, animal, or plant
life, and not listed in Section 2714, Banned uses, shall be stored
at or above the regulatory flood elevation and/or floodproofed to
the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
1.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
2.
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
1.
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
2.
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
3.
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
4.
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J.
Paints and adhesives.
1.
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
2.
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
3.
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited
to the following provisions shall apply to the above and other sections
and subsections of this ordinance to the extent that they are more
restrictive and/or supplement the requirements of this ordinance:
1.
International Building Code (IBC) 2009, or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
2.
International Residential Building Code (IRC) 2009, or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
The Township Code Official within the Township administration
is hereby appointed to administer and enforce this ordinance and is
referred to herein as the "floodplain administrator."
A zoning permit shall be required before any construction or
development is undertaken within the FP Floodplain Conservation District.
An application for a zoning permit shall be filed with the Township
Code Official, who shall make an initial determination on the proposal.
Prior to the issuance of any zoning permit, the Code Official shall
review such application to determine if all other necessary governmental
permits, such as those required by state and federal laws, have been
obtained, including those required by Act 537, the Pennsylvania Sewage
Facilities Act, the Water Obstruction Act of 1913 and the Federal
Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C.
§ 1334. No permit shall be issued until this determination
has been made.
A.
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.
B.
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[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.
C.
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. The floodplain administrator shall make as many inspections
during and upon completion of the work as are necessary.
D.
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this ordinance.
E.
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 Township Council for whatever action it
considers necessary.
F.
The floodplain administrator shall maintain in perpetuity all records
associated with the requirements of this ordinance, including, but
not limited to, permitting, inspection and enforcement.
G.
The floodplain administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township. Such application
shall contain the following:
1.
Name and address of applicant.
2.
Name and address of owner of land on which proposed construction
is to occur.
3.
Name and address of contractor.
4.
Site location, including address.
5.
Listing of other permits or variances required.
6.
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.
7.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any FP Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
1.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances.
2.
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage.
3.
Adequate drainage is provided so as to reduce exposure to flood hazards.
4.
Structures will be anchored to prevent floatation, 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.
C.
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:
1.
A completed permit application form.
2.
A plan of the entire site, clearly and legibly drawn at a scale of
one (1) inch being equal to one hundred (100) feet or less, showing
the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
(e)
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water, including direction
and velocities.
(f)
All property lines and lot lines, including dimensions, and
the size of the site expressed in acres or square feet.
3.
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one eighth (1/8) inch being equal to one (1) foot
or less, showing the following:
4.
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an Floodway Area/District, when combined with all other existing
and anticipated development, will not increase the base flood elevation
at any point.
(d)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without Floodway, when combined with all
other existing and anticipated development, will not increase the
base flood elevation more than one (1) foot at any point.
(e)
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 elevation.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(f)
Detailed information needed to determine compliance with Section
2725F, Storage, and Section 2714, Banned uses, including:
(1)
The amount, location and purpose of any materials or substances
referred to in Sections 2725F and 2714 which are intended to be used,
produced, stored or otherwise maintained on site.
(2)
A description of the safeguards incorporated into the design
of the proposed structure to prevent leaks or spills of any amount
of the dangerous materials or substances listed in Section 2714 during
a base flood.
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
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.
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.
A.
Work on the proposed construction shall begin within 180 days after
the date of issuance and shall be completed within twelve (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 term "start of construction" shall be understood
as defined in Section 2706 of this ordinance.
B.
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 ordinance and FIRM/FIS in effect
at the time the extension is granted.
A.
Enforcement notices and penalties. 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 part, or of any regulations adopted pursuant thereto, the floodplain administrator shall follow the procedures outlined in Article XXIII.
A.
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
ordinance may appeal to the Zoning Hearing Board. Such appeal must
be filed, in writing, within thirty (30) days after the decision,
determination or action of the floodplain administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
the Zoning Ordinance.
C.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state, including the Pennsylvania Flood Plain Management Act.
