[Ord. 2002-06, 11/11/2002, § 1501; as amended by
Ord. 2006-04, 9/27/2006, § 2]
1.
Intent. The intent of this Part is to:
A.
Promote the general health, safety, and welfare of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units and its residents by restricting or prohibiting certain uses,
activities, or development in areas subject to flooding.
E.
To regulate uses, activities, and development which will cause unacceptable
increases in flood heights, velocities, and frequencies.
F.
Comply with federal and state floodplain management requirements,
specifically the National Flood Insurance Program and the Pennsylvania
Flood Plain Management Act, 32 P.S. § 679.101 et seq.
2.
Applicability.
A.
For the purposes of this chapter, the Flood Hazard District shall
be an overlay to the existing underlying districts as shown on the
East Fallowfield Township Zoning Map and, as such, the provisions
of the Flood Hazard District shall be imposed in addition to the requirements
of the underlying zoning district(s). In the event that a conflict
exists between the overlay and underlying districts, the more restrictive
provisions shall apply.
B.
No structure shall be constructed and no existing structure shall
be enlarged, converted, relocated or structurally altered, and no
area shall be graded, filled, or excavated, in any Flood Hazard District,
except in full compliance with the terms and provisions of this Part
and other applicable regulations.
C.
A building permit shall not be required for minor repairs to existing
buildings or structures.
D.
The requirements of Part 14, "Natural Resource Protection Standards,"
shall also apply.
3.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur. Flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This Part does not imply that
areas outside any identified floodplain areas, or that land uses permitted
within such areas, will be free from flooding or flood damages.
B.
This Part 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 Part or any administrative decision lawfully
made thereunder.
4.
Interpretation. This Part supersedes any other conflicting provisions
which may be in effect in identified floodplain areas. 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 Part, the more
restrictive shall apply.
[Ord. 2002-06, 11/11/2002, § 1502; as amended by
Ord. 2006-04, 9/27/2006, § 3]
1.
Permits Required. A zoning and/or building permit, as applicable,
shall be required for all activities which include, but are not limited
to, constructing, demolishing, or moving buildings or other structures,
paving, filling, grading, excavation, mining, dredging, or drilling
operations, or the storage of materials and equipment; provided, however,
that those structures, land uses, and water uses lawfully existing
prior to the adoption of this Part, shall not be required to comply
with this Part unless expansions or exterior additions are proposed,
or compliance is necessary to correct a serious and substantial threat
to public health, safety, or property.
2.
Issuance of Permits.
A.
The Code Enforcement Officer shall issue a zoning or building permit
only after it has been determined that the proposed use or 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 zoning or building permit, the Code
Enforcement Officer 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, 35 P.S. § 750.1 et seq.,
the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq.,
and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
3.
Application Procedures and Requirements for Building Permits.
A.
Application for a building permit shall be made, in writing, to the
Code Enforcement Officer 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.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost.
(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 identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Code Enforcement Officer 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.
C.
Applicants shall file the following minimum information, plus any other pertinent information (e.g., any or all of the technical information required under the Building Code [Chapter 5, Part 1]) as may be required by the Code Enforcement Officer to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines, including dimensions and the size
of the site expressed in acres or square feet.
(d)
The location of any existing streets, drives, and other accessways.
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway and the flow of water, including direction and velocities.
(f)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
(3)
Plans of the proposed buildings, structures, and other improvements,
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(4)
The following data and documentation:
(a)
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 one-hundred-year flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or development.
(b)
Detailed information needed to determine compliance with § 27-1504, Subsection 4F, "Storage," and § 27-1504, Subsection 5, "Development Which May Endanger Human Life," including:
D.
The appropriate component of the Department of Environmental Protection's
"Planning Module for Land Development."
4.
Review by Chester County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted to
the Chester County Conservation District for review and comment prior
to the issuance of a building permit. The recommendations of the Conservation
District shall be considered by the Code Enforcement Officer for possible
incorporation into the proposed plan.
5.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval will be submitted by the applicant
to the Planning Commission, Township Engineer and any other appropriate
agencies and/ or individuals deemed necessary by the Code Enforcement
Officer for review and comment. These comments are to be incorporated
into the plan.
6.
Changes. After the issuance of a building or zoning permit by the
Code Enforcement Officer, 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 Code Enforcement Officer. Requests for any such
change shall be submitted in writing and shall be submitted by the
applicant to the Code Enforcement Officer for consideration.
7.
Placards. In addition to the building permit, the Code Enforcement
Officer shall issue a placard which shall be displayed on the premises
during the time construction is in progress. This placard shall show
the number of the building permit, the date of its issuance and be
signed by the Code Enforcement Officer.
8.
Start of Construction.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date or issuance of the building permit or the permit shall expire
unless a time extension is granted, in writing, by the Code Enforcement
Officer. Time extensions shall be granted only if a written request
is submitted by the applicant, which sets forth sufficient and reasonable
cause for the Code Enforcement Officer to approve such a request.
B.
Construction and/or development shall be considered to have started
with the preparation of land, land clearing, grading filling, excavation
of basement, footings, piers or foundations, erection of temporary
forms, the installation of pilings under proposed subsurface footings
or the installation of sewer, gas and water pipes, or electrical or
other services.
9.
Inspection and Revocation.
A.
During the construction period, the Code Enforcement Officer or his
designated representative 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 Township, county,
or state laws and ordinances. He shall make as many inspections during
and upon completion of the work as are necessary.
B.
In the discharge of his duties, the Code Enforcement Officer shall
have the authority to enter any building, structure, premises, or
development in the identified floodplain area, upon presentation of
proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
C.
In the event the Code Enforcement Officer 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 Code Enforcement Officer shall revoke the building
permit and report such fact to the Board of Supervisors for whatever
action is necessary.
D.
A record of all such inspections and violations of this Part shall
be maintained.
10.
Fees. All permit fees under this Part shall be determined by the
Board of Supervisors and a schedule of such shall be made available
to the general public. The Board of Supervisors shall be empowered
to reevaluate the fee schedule and make necessary alterations to it.
Such alterations shall not be considered an amendment to this Part
and may be adopted at any public meeting of the Board of Supervisors
by resolution.
12.
Appeals. Appeals to the provisions of this Part shall be as provided
for in § 2-2207 of this chapter.
[Ord. 2002-06, 11/11/2002, § 1503; as amended by
Ord. 2006-04, 9/27/2006, §§ 1 and 5]
1.
Identification. The identified floodplain area, also referred to as the Flood Hazard District, shall be those areas of East Fallowfield Township, Chester County, which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated September 29, 2006, and the accompanying maps as prepared by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all paper and digital data developed as part of the Flood Insurance Study, or as otherwise defined in Subsection 2 below.
2.
Description of Floodplain Area. The identified floodplain area, or
Flood Hazard District, shall consist of the following specific areas:
A.
FW (Floodway Area). The areas identified as "Floodway" in the AE
Zone in the Flood Insurance Study prepared by FEMA. The term shall
also include floodway areas which have been identified in other available
studies, or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
B.
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study where a floodway has been delineated.
C.
FA (General Floodplain Area).
(1)
The areas identified as Zone A in the FIS for which no one-hundred-year
elevations have been provided. When available, information from other
federal, state, and other acceptable sources shall be used to determine
the 100, as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question. In lieu of the above,
the Township of East Fallowfield 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 review by the Township.
3.
Changes in Identification of Area. The identified floodplain area
may be revised or modified by the Board of Supervisors where studies
or information provided by a qualified agency or Person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the Federal Emergency Management Agency (FEMA).
4.
Boundary Disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
Zoning Officer. Such determination may be appealed to the Zoning Hearing
Board. The burden of proof in such an appeal shall be on the appellant.
All revisions to the boundaries of the Flood Hazard District shall
be subject to the review and approval of the Federal Emergency Management
Agency (FEMA) for the National Flood Insurance Program in accordance
with its rules and regulations.
[Ord. 2002-06, 11/11/2002, § 1504; as amended by
Ord. 2006-04, 9/27/2006, § 5]
1.
General.
A.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities, which may
be affected by such action, have been notified by the Township, and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection, Southeast Regional Office.
In addition, the Federal Emergency Management Agency and the Pennsylvania
Department of Environmental Protection shall be notified prior to
any alteration or relocation of any watercourse.
B.
Where permitted within any identified floodplain area, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection, Southeast Regional
Office.
C.
Any new construction, development, use, activity, or encroachment
that would cause any increase in the elevation of the one-hundred-year
flood shall be prohibited.
D.
Where permitted within any identified floodplain area, any new construction,
development, uses or activities shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances, and regulations.
2.
Use Provisions for the Flood Hazard District.
A.
Within any FW (Floodway Area), the following provisions apply:
(1)
Any new construction, development, use activity, or encroachment
that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(3)
In the Floodway Area, the following uses and activities are permitted provided they are in compliance with the provisions of the underlying district, are consistent with the Natural Resource Protection Standards of Part 14, and are not prohibited by this chapter or any other code or ordinance and provided they do not require structures, fill, or storage of materials and equipment:
(a)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, and truck fanning.
(b)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, hiking and riding trails, wildlife
and nature preserves, and hunting and fishing areas.
(c)
Uses accessory to the underlying zoning district, including
yards and parking, provided impervious materials are not used.
(d)
Municipal uses.
B.
Within any FA (General Floodplain Area), the following provisions
shall apply:
(1)
In the General Floodplain Area, the uses and activities of the
Floodway Area are permitted provided they are in compliance with the
underlying district, are consistent with the Natural Resource Protection
Standards of Part 14, and are not prohibited by any other code or
ordinance and provided they do not require structures, fill, or storage
or materials and equipment.
(3)
No new construction or development shall be located within the
area measured 50 feet landward from the top of the bank of any watercourse.
(4)
Any new construction or development which would cause any increase
in flood heights shall be prohibited within any floodway area.
3.
Elevation and Floodproofing Requirements. Where permitted by this
Part (e.g., modification of a nonconforming structure), the following
standards shall apply to new construction or substantial improvements
to structures:
A.
Residential Structures. Within any identified floodplain area, any
new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated to 1 1/2
feet above the regulatory flood elevation. Accessory structures shall
be prohibited.
B.
Nonresidential Structures.
(1)
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
dry or essentially dry during any flood up to that height. Accessory
structures shall be prohibited.
(2)
Any nonresidential structure, or part thereof, having a lowest
floor elevation which is not elevated to at least 1 1/2 feet
above the one-hundred-year flood elevation, shall be floodproofed
in a completely or essentially dry manner, in accordance with the
WI 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
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.
Space Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor (including basement)
which shall 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 "partially enclosed space" also includes
crawl spaces.
(3)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
4.
Design and Construction Standards. The following minimum standards
shall apply to all construction and development proposed within any
identified floodplain area where such construction is permitted by
this Part:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points.
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Code Enforcement Officer.
(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 insure proper 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 and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of flood waters.
(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 identified floodplain area.
D.
Other Utilities. All other utilities (e.g., electric, gas, telephone,
cable TV, etc.) 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 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 Subsection 5, "Development Which May Endanger Human Life," 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 flood water.
H.
Anchoring.
(1)
All buildings and structure 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 otherwise "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)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or "water-resistant" paint or other finishing
material.
(3)
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
L.
Equipment. Water heaters, furnaces, air conditioners, 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 discharge
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event floodwater infiltration
occurs.
N.
The Township will record the lowest floor elevation and/or floodproofing.
O.
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 of this Part, to the extent that they are more
restrictive and/or supplement the requirements of this Part:
5.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act, 32
P.S. § 679.101 et seq., and the regulations adopted by the
Department of Community and Economic Development, as required by the
Act, the following uses or substances shall be prohibited within the
Flood Hazard District:
(1)
Uses involving the production or storage of any of the dangerous materials or substances listed in Subsection 5A(4) below.
(2)
Uses involving any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the dangerous materials or substances in the premises as listed in Subsection 5A(4) below.
(3)
Uses involving the production, storage, or use of any amount
of radioactive substance.
(4)
The following list of materials and substances are considered
dangerous to human life and shall be subject to the provisions of
this Part, in addition to all other applicable codes and ordinances:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
6.
Special Requirements for Manufactured Homes.
A.
Within any FA (General Floodplain Area), FW (Floodway Area), or FF
(Flood Fringe), new manufactured homes shall be prohibited within
the identified floodplain area, with the exception of existing units
that may be replaced in accordance with the provisions of Subsection
6B.
B.
Where permitted within any floodplain area, all manufactured homes
and any improvements thereto shall be:
[Ord. 2002-06, 11/11/2002, § 1505]
1.
The commencement of any of the following activities, or the construction,
enlargement or expansion of any structure used, or intended to be
used, for any of the following activities shall be prohibited within
the Flood Hazard District:
A.
Structures in floodway.
B.
Sod fanning, removal of topsoil, fenced-in recreational areas.
C.
Hospitals.
D.
Nursing homes.
E.
Jails or prisons.
F.
Junkyards.
G.
Cemeteries.
H.
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision or the construction of individual manufactured housing units not located within a manufactured home park or subdivision. (See also § 27-1504, Subsection 6.)
I.
The storage of any substance, the discharge of which onto the waters
of the commonwealth would constitute pollution under the Clean Streams
Act of 1937, as amended, 35 P.S. § 691.1 et seq., and the
regulations promulgated thereunder.
[Ord. 2002-06, 11/11/2002, § 1506]
1.
All uses or structures lawfully existing in any identified floodplain
area prior to the enactment of this chapter which do not conform to
the provisions of this chapter shall be deemed to be nonconforming.
Such nonconforming uses or structures may be continued, maintained,
repaired, and floodproofed, except as otherwise prohibited in this
chapter, subject to the following provisions:
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 one-hundred-year flood.
B.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
C.
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.
[Ord. 2002-06, 11/11/2002, § 1507]
1.
Uses Permitted by Special Exception. Any of the following uses shall
be permitted as a special exception when authorized by the Zoning
Hearing Board, subject to the requirements of this Part. Conditions
for granting of special exceptions shall include the extent to which
the requested uses will increase the elevation of flood stages, including
the possibility that the use will cause an increase in flood levels
during the occurrence of the one-hundred-year flood, contribute to
groundwater pollution or cause erosion during and after construction.
A.
Nonstructural accessory uses customarily incidental to permitted
uses.
B.
Roads, bridges, utility transmission lines, storm sewer outlets,
sealed water supply wells, water pipelines, dams, culverts, bridges,
and impoundment basins approved by the Pennsylvania Department of
Environmental Protection, U.S. Army Corps of Engineers, and the United
States Department of Agricultural Soil Conservation Service and any
other responsible advisory or regulatory agency with appropriate jurisdiction.
C.
Boat launching areas, docks, and piers.
D.
Permeable parking areas and roads to serve other permitted uses in
the Flood Hazard District, or where required by the regulations for
any contiguous district.
E.
Grading or fill, provided that the effect does not alter the cross-sectional
profile of the stream basin at the lot line, and is approved by the
Pennsylvania Department of Environmental Protection and all other
agencies having jurisdiction thereover.
2.
Review Standards for Special Exceptions in Flood Hazard Districts. In addition to factors contained in § 27-2207, Subsection 3, "Special Exception Applications," affecting land in the Flood Hazard District, as defined in § 27-1503 above, shall be granted only after compliance with the following conditions:
A.
That the development permitted by the granting of the special exception
will create no danger to life or property due to any increase in hood
levels during the occurrence of the one-hundred-year flood.
B.
That there is no danger that materials may be swept onto other lands
or downstream to the injury of others. In no event shall any materials
which are capable of floating, toxic (to human, animal, fish, or vegetation),
or explosive, or any junk materials, be placed within a Flood Hazard
District.
C.
That the proposed use is not susceptible to flood damage when the
lands within the Flood Hazard District are inundated.
D.
That, during inundation of the Flood Hazard District, there is safe
and convenient access to the property for ordinary and emergency vehicles.
E.
That the development be in full compliance with other provisions
of this Part.
F.
That the proposed use provides important services to the community.
G.
That the proposed use requires a waterfront location.
H.
That alternative locations not subject to flooding for the proposed
use are not available.
I.
That the proposed use is compatible with existing development, and
the Township Comprehensive Plan.
J.
That the granting of special exception will not, or cumulatively
with other relief granted along the same watercourse, impair the eligibility
of the Township to participate in Federal Flood Insurance Programs,
or render the Township or its inhabitants, subject to any penalties
or loss of federal and state programs by reason of violation, of flood,
insurance or floodplain management regulations, nor violate any valid
rules and regulations of the Federal Emergency Management Agency with
reference to the National Flood Insurance Program, "any increase in
flood levels during the occurrence of the one-hundred-year flood."
[Ord. 2002-06, 11/11/2002, § 1508; as amended by
Ord. 2006-04, 9/27/2006, § 1]
1.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, the Township may, upon request, grant relief from the strict application of the requirements. In addition to standards contained in § 27-2207, Subsection 2, the variance applications shall be considered in accordance with the following:
A.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
B.
If granted, a variance shall involve only the least modification
necessary to provide relief.
C.
In granting any variance, the Township 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.
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.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will, (i) neither result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense; (ii) nor
create nuisances, cause fraud on, or victimized the public, or conflict
with any applicable state or local ordinances and regulations.
F.
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 Emergency Management Agency (FEMA).
G.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
[Ord. 2002-06, 11/11/2002, § 1509; as amended by
Ord. 2006-04, 9/27/2006, §§ 6 and 7]
1.
General. Unless specifically defined below, words and phrases used
in this chapter shall be interpreted so as to give this chapter its
most reasonable application.
2.
ACCESSORY USE OR STRUCTURE
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOOD
FLOOD HAZARD DISTRICT
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
A.
B.
C.
D.
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
A.
(1)
(2)
B.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
ONE HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
A.
B.
UNIFORM CONSTRUCTION CODE (UCC)
Specific Definitions.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to the principal use or structure.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Manufactured homes and trailers to be used
for human habitation are included in this definition.
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, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood, also referred to
in this chapter as the identified floodplain area.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structure which reduce or eliminate flood
damage to real estate or improved real property, water, and sanitary
facilities, structures, and their contents.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior), or
preliminary 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 historical preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood, also referred to
in this chapter as the Flood Hazard District.
Any of the following activities:
The improvement of one lot, or two or more contiguous lots,
tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for occupancy, except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
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 do 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 and general safety.
Structures for which the start of construction commenced
on or after March 7, 1984, and includes any subsequent improvements
thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is, (1) built on a single chassis; (2) not
more than 400 square feet, measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light-duty
truck; and (4) not designed for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The one-hundred-year flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
Anything constructed or erected on the round or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, devisees, transfer of ownership, or building
for lot development, provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure, whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions
Any alteration of a "historic structure," provided the alteration
will not preclude the structure's continued designation as a
"historic structure."
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the Township, a third party, or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
within the commonwealth for floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and IBC.
