The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety,
and the general welfare of its citizenry. Therefore, the Board of
Supervisors of the Township of Thornbury does hereby ordain as follows.
[Ord. 3-2015, 8/19/2015[1]]
1.
It is the purpose of this article to promote to the public health, safety and general welfare and to minimize those losses described in § 27-1502, Subsection 1, of this article by provisions designed to:
A.
Restrict or prohibit uses which are dangerous to health, safety or
property in times of flood and/or cause increases in flood height
or velocities.
B.
Protect the quality and quantity of surface and subsurface water
supplied adjacent to and/or underlying the floodplain.
C.
Provide areas for the deposition of flood-borne sediment.
D.
Require that all uses vulnerable to floods (including public facilities),
where they are permitted by special exception or variance, be so constructed
as to be protected against flood damage.
E.
Require that, where uses are permitted by special exception or variance, written notice be given to prospective purchasers and/or lessees that the land under consideration for agreement of sale or lease is designated as lying either partially or totally within the floodplain as it is defined by § 27-1504 of this article and/or the Township Zoning Map.
F.
Require that, whenever there is a transfer of the ownership of land
which lies either totally or partially within the floodplain as it
is defined by this article and/or the Township Zoning Map, the deed
effectuating such transfer shall contain appropriate notation.
G.
Protect the natural drainageways in order to provide areas for floodwater
transport with the least possible perturbation to life and property.
H.
Comply with the minimum requirements of the National Flood Insurance
Program and the Pennsylvania Flood Plain Management Act (1978-166),
each as amended from time to time.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. 15, Floodplain Conservation District, adopted 2/3/1976
by Ord. 2-1976, as amended.
[Ord. 3-2015, 8/19/2015]
1.
The floodplain areas of the Township are subject to periodic inundation,
which has resulted in the loss of property, damage to structures,
disruption of public and private activities and services, burdensome
public expenditures for flood protection and relief, and impairment
of the tax base and may result in loss of life, all of which adversely
affect the public health, safety, and welfare.
2.
The general causes of these flood losses are the cumulative effect
of impervious cover and obstructions in the floodplain causing increases
in flood heights and velocities, and the occupancy of floodplains
by uses vulnerable to floods.
[Ord. 3-2015, 8/19/2015]
For the purposes of this article, the following terms shall
have the meanings as ascribed below:
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium) characterized
by a weak modification (or none) of the original material by soil-forming
processes.
The areas identified as Zone A in the Flood Insurance Study
for which no base flood elevations have been provided.
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 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 subgrade (below
ground level) on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the Township.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the FIRM, the Flood Boundary
and Floodway Map and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
See § 27-1504 of this article.
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 at any point.
The area of the floodplain not lying within a floodway which
may hereafter be covered by floodwaters up to the base flood elevation.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on 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 listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See § 27-1504 for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days. [Note: may be referred to as "mobile home" elsewhere in this
chapter.]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale. [Note: may be referred
to as "mobile home park" elsewhere in this chapter.]
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 effective start date of this article and includes
any subsequent improvements to such structures. Any construction started
after April 27, 1973, and before the effective start date of this
article is subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A vehicle which is:
Built on a single chassis.
Four hundred square feet or less when measured at the largest
horizontal projection.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Designed primarily not 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 costs of repair at the
time of each such flood event, on average, equal or exceed 25% of
the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99 or AH.
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
before the "start of construction" either:
This term includes structures which have incurred "substantial
damage" or "repetitive loss" regardless of the actual repair work
performed.
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
The failure of a structure or other development to be fully
compliant with this article. A structure or other development without
the elevation certificate, other certifications or other evidence
of compliance required by this article is presumed to be in violation
until such time as that documentation is obtained and/or provided.
[Ord. 3-2015, 8/19/2015]
1.
The Floodplain Conservation District is defined and established to
be the special flood hazard areas (SFHAs), low areas adjoining and
including a watercourse or other body of water (such as "pond, marsh
and/or lake") which are subject to the base flood elevation, as delineated
on the FIRM for Thornbury Township, Delaware County, Pennsylvania,
prepared by the Federal Emergency Management Agency, effective November
18, 2009, or the most-recent revision thereof, and as mostly alluvial
soils as delineated in the Soil Survey for Chester and Delaware Counties,
Pennsylvania, 1964, prepared by the United States Department of Agriculture,
Soil Conservation Service. It includes the areas defined as alluvial
soils, floodway, floodway fringe and approximated floodplain.
2.
The area designated "floodplain" in Township is outlined and delineated
using hydrologic technical data compiled by the Federal Emergency
Management Agency, FIS, for Thornbury Township, Delaware County, Pennsylvania,
effective November 18, 2009, which includes the base flood data plus
projected runoff data from future development per applicable comprehensive
plans; and soil data compiled by the United States Department of Agriculture,
Natural Resources Conservation Service. The above-referenced FIS and
FIRMs, and any subsequent revisions and amendments, are hereby adopted
by Township of Thornbury and declared to be a part of this article.
3.
The Floodplain Conservation District shall be shown on the Township
Zoning Map, which, together with a specific Floodplain District Map
and all explanatory material, shall be available for inspection upon
request to the Township Secretary.
4.
For purposes of defining application of this article and its map to any specific area, the Township Zoning Map, data and other sources of material specified in Subsections 2 and 3 of this section shall be available and shall be proof of the intended limits of the Floodplain Conservation District.
A.
The Floodplain Conservation District may be revised by the Township
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change,
approval must be obtained from FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, the Township shall notify FEMA of the changes by submitting
technical or scientific data relied upon in making such changes. No
reduction in the Floodplain Conservation District shall be made without
prior consultation with and approval of the Federal Emergency Management
Agency. Any changes which are officially adopted shall be recorded
on the Township Zoning Map.
B.
In the case of any dispute concerning the boundaries of the Floodplain
Conservation District, an initial determination shall be made by the
Township Engineer and a report, in writing, made to the Township.
C.
Any party aggrieved by any determination of the Township Engineer
which has been approved by the Board of Supervisors as to the boundaries
of the Floodplain Conservation District or other decision or determination
under this article may appeal to the Zoning Hearing Board. The burden
of proof of such appeal shall be on the applicant.
[Ord. 3-2015, 8/19/2015]
1.
The following uses and no others (unless by special exception or
variance granted by the Zoning Hearing Board) are permitted in the
Floodplain Conservation District; provided that if located in the
floodway, no new construction, development, use, activity or encroachment
would result in any increase in flood heights (as demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice):
A.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices, as defined and determined by the United
States Department of Agriculture, Natural Resources Conservation Service.
B.
Pasture and grazing.
C.
Outdoor plant nursery, orchard, tree farm.
D.
Fish hatchery, hunting and fishing preserve.
E.
Wildlife sanctuary.
F.
Permeable parking areas and driveways when permitted by the regulations
for the contiguous zoning district otherwise applicable to the lot.
G.
Closed sanitary sewer line systems, designed and constructed to minimize
or eliminate infiltration, when constructed on the floodway fringe
of the Floodplain Conservation District, but in no case running along
or directly within the floodway, except when such required course
must cross a floodway junction.
H.
A maximum of 3/4 of any setback required for the development of any
lot or tract in any zoning district contiguous to the Floodplain Conservation
District, provided that such setback shall not be used for any on-site
sewage disposal system or a well.
[Ord. 3-2015, 8/19/2015]
1.
The following uses may be allowed when granted by the Zoning Hearing
Board:
A.
Sewage treatment plants and pumping stations, water pumping station
and water treatment plants, and storm sewer systems, subject to approval
of the Department of Environmental Protection of the commonwealth
and the Township Engineer, when constructed on the floodway fringe
of the Floodplain Conservation District, but in no case within the
floodway. These systems shall be designed and constructed to eliminate
infiltration of floodwaters into the systems and discharges from the
systems into the waters of the commonwealth.
B.
Dams, culverts, and bridges when approved by the Department of Environmental
Protection of the commonwealth and the Township Engineer.
C.
Recreational uses, both public and private, such as parks, day camps,
and athletic fields, excluding permanent structures.
D.
Grading and/or fill, provided that the effect does not adversely
affect either the cross-sectional profile of the stream, watercourse
and Floodplain Conservation District or increase the base flood elevation
of the floodway or the velocity of the water in the floodway at the
point of such grading or fill. All requests for change of grade shall
be accompanied by a detailed engineering report, including maps showing
all existing contours and all proposed contours. In no case shall
fill be used which should in any way contaminate or pollute the stream,
pond, lake or other water body.
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the floodplain administrator;
(e)
Be used to the extent to which it does not adversely affect
adjacent properties; and
(f)
Meet Pennsylvania clean fill standards.
2.
Factors to be considered by the Zoning Hearing Board in passing upon
each application for special exception are as follows:
A.
The danger to life and property due to increased flood levels or
velocities caused by encroachments.
B.
The danger that materials may be swept onto other lands or downstream
to the possible injury of others.
C.
The ability of any proposed water supply and/or sanitation systems
to avoid causing disease, contamination, and unsanitary conditions.
D.
The susceptibility of the proposed use to flood damage and the effect
of such damage on the owner and the community.
E.
The requirements of the use for a floodway or floodway fringe location.
F.
The availability of alternative locations, not subject to flooding,
for the proposed use.
G.
The compatibility of the proposed use with existing and foreseeable
nearby uses.
H.
The relationship of the proposed use to the Comprehensive Plan and
Floodplain Conservation Management Program for the area.
I.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
J.
The expected levels, velocity, duration, rate of rise, and sediment
transport of the floodwaters in the Floodplain Conservation District
expected at the site, resulting from a study by a registered professional
engineer qualified in hydrology in the commonwealth.
K.
Such other factors which may be considered relevant to the purposes
of this article.
[Ord. 3-2015, 8/19/2015]
1.
In addition to and without limitation of the uses specifically permitted
in the Floodplain Conservation District by the provisions of this
article, the following activities are specifically prohibited in the
Floodplain Conservation District:
A.
The clearing of vegetation, except for brush, weeds and the removal
of diseased shrubs or trees, or trees or portions thereof which might
cause hazard to life or property; and except where such clearing is
necessary for construction permitted as a result of action by the
Zoning Hearing Board.
B.
Sod farming.
C.
Storage of any material which, if inundated, would float.
D.
Storage of flammable or toxic material or any other material which,
if inundated, would degrade or pollute the stream, or cause damage
if swept downstream.
E.
Installation or maintenance of on-site sewage disposal systems and
wells.
F.
Placement or maintenance of a manufactured home within the floodway.
G.
Alteration or relocation of any watercourse, except in accordance
with this article.
H.
The construction or use of any structure for the production or storage
of any of the following materials or substances, or for any activity
involving the depositing or maintenance of any of the following materials
or substances on the premises (including both indoors and outdoors):
(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.
I.
Hospitals, nursing homes, jails, prisons and manufactured home parks
or substantial improvements to manufactured home parks.
J.
No new construction or development shall be located within any area
identified in any Township ordinance or code as riparian buffer.
K.
In areas of the Floodplain Conservation District without a designated
floodway, no new development shall be permitted unless it can be demonstrated
that the cumulative effect or all past and projected development will
not increase the BFE by more than one foot.
[Ord. 3-2015, 8/19/2015]
1.
Hardship. Except where specifically prohibited in this article, if
compliance with the requirements of this article would result in exceptional
hardship to a prospective builder, developer, or landowner, the Zoning
Hearing Board may, upon request, grant relief from the strict application
of the requirements of this article in accordance with this section.
2.
Standards. In any instance where the Zoning Hearing Board is required to consider a request for a variance from the provisions of this article, the Board shall first determine that the standards and criteria enumerated in Section 910.2 of the Municipalities Planning Code, 53 P.S. § 10910.2, are met before granting the request. The Board shall not grant any use variance for uses listed under § 27-1507 of this article.
3.
In considering whether the proposed use would be injurious to the
public health, welfare and safety, the Board shall give special and
particular consideration to the following factors:
A.
The danger to life and property due to increased flood levels or
velocities caused by encroachments.
B.
The danger that materials may be swept onto other lands or downstream
to the possible injury of others.
C.
The ability of any proposed water supply and/or sanitation systems
to avoid the causing of disease, contamination and unsanitary conditions.
D.
The susceptibility of the proposed use to flood damage and the effect
of such damage on the owner or occupant and the community.
4.
Notice shall be given to the Federal Emergency Management Agency
and the Pennsylvania Department of Economic and Community Development
of all variances granted under this article.
[Ord. 3-2015, 8/19/2015]
1.
Upon consideration of the purposes of this article, the Board may
attach such conditions to the granting of a special exception or variance
as it deems necessary to further the purposes of this article, including,
without limitation because of specific enumeration, the following:
A.
Any new construction and/or substantial improvement to an existing
structure shall have the lowest floor, including basement, elevated
to 1 1/2 feet above the surface water elevation for a base flood
at the place of construction. In any area for which the said elevation
is not designated in the FIS or FIRM for the Township, the required
elevation shall be determined by selecting the point on the boundary
of the approximated floodplain nearest to the site in question and
elevating the lowest floor of the structure to 1 1/2 feet above
such elevation. All such structures shall be securely anchored to
prevent flotation, collapse and lateral movement; all such structures
shall employ construction materials and techniques to minimize flood
damage. Adequate drainage shall be provided. All utilities and facilities,
such as sewer, gas, electrical and water systems, are located and
constructed to minimize or eliminate flood damage. All building materials
shall be flood-resistant. Electrical, heating, ventilation, plumbing,
and air-conditioning equipment, and other service facilities shall
be designed and/or located to prevent water entry or accumulation.
The elevation of the proposed lowest floor shall be indicated on the
application for a building permit. The provisions of all other state
and federal rules and regulations are applicable to such construction,
including the provisions of Section 60.3(d) of the National Flood
Insurance Program Regulations, as amended.
B.
That such uses shall be designed so that the floodway shall carry
the waters of the base flood without increasing the water surface
elevation of that flood at any point.
2.
In any case where the Board shall grant a special exception to permit
the erection of a building in the floodplain, floodway fringe or approximated
floodplain and the premises with such a modified use should be offered
for sale or lease, or shall grant a variance or special exception
to permit a change in a nonconforming use of a building already existing
in a Floodplain Conservation District and such use could be offered
for sale or lease, the Board shall, for the protection of prospective
purchasers and lessees, impose the following conditions:
A.
Require the applicant to advise prospective purchasers and/or lessees
in writing that the lot is located in its entirety or partially, as
the case may be, in the Floodplain Conservation District and to place
such notation on any agreement of sale or lease.
B.
Require that, before settlement or change in use, as the case may
be, the purchaser or lessee shall signify in writing that he has been
advised that the premises lies entirely or partially in the Floodplain
Conservation District, and a signed copy of such signification shall
be delivered to the Township Secretary.
C.
Where the premises are to be conveyed, require that the deed shall
contain the following notation: "This lot is entirely (partially)
within the Floodplain Conservation District as defined by Article
15 of the Zoning Ordinance of Thornbury Township, Delaware County,
Pennsylvania."
[Ord. 3-2015, 8/19/2015]
1.
Upon receiving an application for a special exception or a variance,
the Zoning Hearing Board shall, prior to hearing, require the applicant
to furnish such of the following materials as is deemed necessary
by the Board under the existing use conditions and as it would exist
if the proposed use were approved, as appropriate:
A.
Five copies of plans, drawn to scale, showing the nature, location,
dimensions and elevation of the lot; photographs showing existing
uses and vegetation; soil types and other pertinent information.
B.
A series of cross sections at twenty-foot intervals along the lot
shoreline, showing the stream channel, or the lake or pond bottom,
and elevation of adjoining land areas to be occupied by the proposed
uses, and high-water information.
C.
Profile showing the existing slope of the bottom of the channel,
lake or pond and calculations as to the effect of the proposed use
upon the bottom and banks of the channel, lake or pond.
D.
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, water supply, and sanitary facilities.
E.
Computation of the change, if any, in the level and velocity of the
water which would be attributable to any proposed uses.
F.
Specific elevations of the lowest point of the nearest building line
to the floodplain boundary and point at which the building leaves
the Floodplain Conservation District.
2.
In considering any application for a special exception or variance,
the Zoning Hearing Board may request before the hearing the written
advice of the Board of Supervisors, the Planning Commission, the Township
Engineer and other technical experts concerning the extent to which
the proposed use would:
A.
Diminish the capacity of the Floodplain Conservation District to
store and absorb floodwaters, to increase flood velocities, and to
accommodate sediment.
B.
Be subject to flood damage.
C.
Cause erosion and impair the amenity of the Floodplain Conservation
District.
D.
Adversely affect the area contiguous to the Floodplain Conservation
District as well as the areas downstream.
3.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
4.
The Township shall notify the applicant, in writing, over the signature
of a Township official, that:
A.
The issuance of a variance to construct a structure below the regulatory
flood elevation will result in increased premium rates for flood insurance;
and
B.
Such construction below the regulatory flood elevation increases
risks to life and property. Such notification shall be maintained
with a record of all variance actions.
[Ord. 3-2015, 8/19/2015]
1.
Residential Structures. Within any identified floodplain area, any
new construction of or improvement to an existing residential structure
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation. The design and construction
standards and specifications contained in the Thornbury Township Construction
Code, as amended, shall be utilized.
2.
Nonresidential Structures.
A.
Within any identified floodplain area, 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
by such structure shall remain either completely or essentially dry
during any flood up to that height.
B.
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated up to or above the regulatory flood elevation
shall be floodproofed in a completely or essentially dry manner in
accordance with the W1 or W2 space classification standards contained
in the publication entitled "Flood-Proofing Regulations" published
by the United States Army Corps of Engineers (June 1972, as amended
March 1992), or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standards.
C.
The design and construction standards and specifications contained
in the Thornbury Township Construction Code, as amended, shall otherwise
be utilized.
3.
Space Below the Lowest Floor. Fully enclosed space in any structure
below the lowest floor (including basement) is prohibited.
4.
Existing Structures. The following provisions shall apply, in addition
to any other applicable provisions of this article, whenever any improvement
is proposed to be made to an existing structure located within any
identified floodplain area:
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 BFE.
B.
No expansion or enlargement of an existing structure shall be allowed
which would, together with all other existing and anticipated development,
increase the BFE of the identified floodplain area outside of the
floodway more than one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only when the entire structure is in full compliance
with the provisions of this article.
D.
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.
E.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
F.
All new construction shall be elevated up to or above the regulatory
flood elevation.
G.
All activity shall otherwise be in compliance with the Thornbury
Township Construction Code, as amended.
5.
Accessory Structures. 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 100 square feet.
C.
The structure will have a low damage potential from water inundation.
D.
The structure will be located so as to cause the least obstruction
to the flow of floodwaters.
E.
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
F.
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
G.
Sanitary facilities are prohibited.
H.
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot
above grade.
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
[Ord. 3-2015, 8/19/2015]
1.
All subdivision proposals and development proposals containing at
least 50 lots or at least five acres, whichever is the lesser, in
identified floodplain 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
and letter of map revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
2.
Where approved as a special exception or variance by the Zoning Hearing
Board, within the Floodplain Conservation District, all manufactured
homes, and any improvements thereto, shall be:
3.
No new construction, substantial improvements, or other development,
including fill, shall be permitted in the Floodplain Conservation
Zone (excluding floodways where they are prohibited), unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the Township.
4.
Recreational vehicles placed on sites within the Floodplain Conservation
District shall either:
[Ord. 3-2015, 8/19/2015]
1.
In addition to the requirements for any building permit in the Township,
an applicant proposing construction in the floodplain shall also provide
the following information, as applicable:
A.
A brief description of the proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Township to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this article and
all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
Structures will be anchored to prevent flotation, collapse or
lateral movement;
(5)
All building materials shall be flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or located
to prevent water entry or accumulation.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building
based upon the North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood;
(4)
Detailed information concerning any proposed floodproofing measures;
and
(5)
Such supplemental information as may be required by the Township
under the Thornbury Township Construction Code.
2.
The Township 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 article and all other applicable codes and
ordinances.
A.
Prior to the issuance of any permit, the Township 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 United States Clean Water Act, Section 404, 33
U.S.C § 1344. No permit shall be issued until this determination
has been made.
B.
In the case of existing structures, prior to the issuance of any
permit, the Township shall also review the history of repairs to the
subject building, so that any repetitive loss issues can be addressed.
C.
Following the issuance of any permit and during the construction
period under said permit, the Township shall inspect the work to determine
that the work is progressing in compliance with the permit.
D.
Township officials 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 article.
E.
In the event the Township discovers that the work does not comply
with the permit or any other applicable laws and ordinances, or that
there has been a false statement or misrepresentation by any applicant,
the Township may revoke the permit and take such other action as the
Township may deem necessary.
F.
The floodplain administrator shall maintain in perpetuity all records
associated with the requirements of this article, including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement, as long as the structure exists.
3.
After the issuance of a permit by the Township, 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 Township. Requests for any
such change shall be in writing and shall be submitted by the applicant
to the Township.
4.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also 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 issuance
of a development permit does not refer to the zoning approval.
A.
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.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, who 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.
[Ord. 3-2015, 8/19/2015]
The Township may, at the recommendation of the Township Engineer,
require an applicant for any improvement in the Floodplain Conservation
District, whether permitted by right, special exception or variance,
to have the floodplain elevation and extent determined by a Pennsylvania
registered professional engineer in accordance with FEMA standard
calculation methodologies.
[Ord. 3-2015, 8/19/2015]
1.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse, unless and until:
A.
The governing bodies of 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 DEP's regional
office.
B.
It is shown that all activity will not reduce or impede the flood-carrying
capacity of the watercourse in any way.
C.
FEMA and the Pennsylvania Department of Community and Economic Development
are notified prior to any alteration or relocation of any watercourse.
2.
When the Township of Thornbury proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges), the applicant shall (as per 44 CFR Part 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
B.
Upon receipt of the Administrator's conditional approval of map change
and prior to approving the proposed encroachments, a community shall
provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the post-project condition.
C.
Upon completion of the proposed encroachments, a community shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
3.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions of this article and other applicable codes, ordinances
and regulations, provided that no such construction, development,
uses or activities shall be undertaken without first securing all
required permits.
[Ord. 3-2015, 8/19/2015]
Whenever there is a transfer of ownership of land which lies either totally or partially in the floodplain as it is defined by § 27-1504 of this article and/or the Township Zoning Map, the deed effectuating such transfer shall contain the following information: "This lot is entirely (partially) within the Floodplain Conservation District as defined by Article 15 of the Zoning Ordinance of Thornbury Township, Delaware County, Pennsylvania."
[Ord. 3-2015, 8/19/2015]
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific study.
Larger floods may occur, or the flood height may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This article does not imply (and no inference may be drawn)
that areas outside of any identified floodplain areas or that uses
permitted within such areas will be free from flooding or flood damage.
This article shall not create liability on the part of the Township
or any elected or appointed official, officer or employee thereof
for any flood damage that results from reliance on this article or
any administrative decision made thereunder.
[Ord. 3-2015, 8/19/2015]
The provisions of this article are severable; and if any article,
provision, section, sentence, clause, exception or exemption shall
be illegal, invalid or unconstitutional, such illegality, invalidity
or unconstitutionality shall not affect or impair any of the remaining
parts, provisions, sections, sentences, clauses, exceptions or exemptions
of this article. It is hereby declared to be the intent of the Board
of Supervisors that this article would have been adopted even if such
illegal, invalid or unconstitutional part, provision, section, sentence,
clause, exception or exemption had not been included herein.
[Ord. 3-2015, 8/19/2015]
This article is designed to reduce flood losses and shall take
precedence over any conflicting laws, ordinances, or codes; and where
the provisions of this article and all standards and specifications
adopted under it impose greater restrictions than those of any other
ordinance or regulation, the provisions of this article and its standards
and specifications shall be controlling. If there is any conflict
between any of the provisions of this article and those of any other
rule, regulation, ordinance, code or law, the more-restrictive provisions
shall apply. The interpretation and administration of the provisions
of this article shall be vested in the Township Zoning Officer as
floodplain administrator.
[Ord. 3-2015, 8/19/2015]
In addition to penalties as are set forth for violations of this article in § 27-2502 of this chapter, any construction or development performed in violation of the provisions of this chapter shall be restored to its previous condition, including the destruction of illegally constructed buildings, replacement of excavated earth, removal of illegally placed fill, and restoration of grades and plantings to the original condition.
