[Ord. 2005-9, 12/29/2005, § 401]
The standards and requirements in this Part are intended to
afford appropriate levels of protection to those natural features
within East Nottingham Township that represent significant resource
opportunities to the Township and its surrounding region or which,
when subject to undue disturbance, may constitute threats to public
health, safety, and welfare. The Township considers adherence to these
standards a basic prerequisite to any land development or disturbance
otherwise authorized under this chapter or other regulations, and
has designed the balance of this chapter to work in harmony with the
terms of this Part.
[Ord. 2005-9, 12/29/2005, § 402; as amended by
Ord. 2006-3, 11/14/2006, § I]
1.
Statement of Intent. The purposes of the Floodplain Conservation
District are:
A.
Regulate development that will cause unacceptable increases in flood
heights, velocities, and frequencies.
B.
Restrict or prohibit certain uses susceptible to flood damage.
C.
Protect aquifer recharge areas and other areas of the Township sensitive
to pollution and contamination.
D.
Require all uses that do occur in floodplain areas to be protected
against flooding and to be provided with all necessary access and
utilities, which shall also be protected from flood damage.
E.
Minimize danger to public health and safety by protecting water supply,
sanitary sewage disposal, and natural drainage.
F.
Protect the quantity and quality of surface and subsurface water
supplies adjacent to and underlying floodplain areas.
G.
Contribute to: (1) the protection of stream water against sedimentation;
(2) the prevention of stream bank erosion; (3) the maintenance of
cool water temperatures; and (4) the preservation of fish and wildlife
habitats, through the protection of trees and other riparian vegetation.
H.
Maintain the scenic and aesthetic character of the streams and stream
valleys.
2.
Description of Floodplain Areas.
A.
Identification. The identified floodplain area shall be those areas
of East Nottingham 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 digital data developed as part of
the Flood Insurance Study.
[Ord. 2006-3]
B.
Floodplain Areas. The identified floodplain area shall consist of
the following specific areas:
(1)
FW (Floodway Area) — The areas identified as "Floodway"
in the AE Zone in the Flood Insurance study prepared by the 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.
(2)
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.
Floodplain Boundaries. The basis for the outermost boundary of the
Floodplain Conservation District shall be the one-hundred-year flood
elevations as shown in the flood profiles contained in the Flood Insurance
Study.
(1)
FA (General Floodplain Area) — The areas identified as
Zone A in the FIS for which no one-hundred-year flood elevations have
been provided. When available, information from other federal, state,
and other acceptable sources shall be used to determine the one-hundred-year
elevation, 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 identified floodplain
area which is nearest the site in question.
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In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
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D.
Changes in Identification of Area. The delineation of any identified
floodplain area may be revised 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).
E.
Boundary Disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
Engineer, and any party aggrieved by this decision may appeal to the
Board of Supervisors. The burden of proof shall be on the appellant.
3.
Permitted Uses.
A.
Uses Permitted by Right. The following uses are permitted by right
only if conducted under and in accordance with the current provisions
of the following: Clean Streams Law of Pennsylvania, 35 P.S. § 691.1
et seq.; the rules and regulations of the Pennsylvania Department
of Environmental Protection; and, all other applicable provisions
of this chapter and the principle that no rise will occur in the one-hundred-year
flood level as a result of the proposed activity or development.
(1)
Agricultural, horticultural, and forestry uses, excluding any
structures, and excluding any grading or filling.
(2)
Public and private parks and/or recreation areas, excluding
swimming pools, campgrounds, and any structures. Picnic tables, park
benches, fireplaces, grills, and playground equipment shall be permitted,
if anchored to prevent flotation.
(3)
Activities related to the preservation and conservation of natural
resources and amenities, excluding any structures; installation and/or
enhancement of riparian buffer vegetation.
(4)
Stream improvements, fish and farm ponds, dams, or stream relocations,
as approved by the Pennsylvania Department of Environmental Protection
and, as appropriate, in consultation with the Pennsylvania Fish and
Boat Commission and/or the U.S. Fish and Wildlife Service.
(5)
Erosion and sedimentation control measures, facilities, and
structures, provided no increase in flood heights or frequency, unhealthful
ponding, or other unsanitary conditions shall occur.
(6)
Yards and open space areas.
(7)
One- and two-strand fences.
(8)
Culverts, bridges, and the approaches to such culverts and bridges,
as also approved by the Pennsylvania Department of Environmental Protection
and/or the U.S. Army Corps of Engineers.
B.
Uses Permitted by Conditional Use. The establishment and/or expansion of the following uses is permitted when approved as a conditional use by the Board of Supervisors in conformance with § 27-2110, the standards of this section, and all other applicable provisions of this chapter elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood.
(1)
Water-oriented uses and structures, such as fish hatcheries,
water-monitoring devices, water wheels, and weirs.
(2)
Parking lots, loading areas, driveways, and any other paved
at grade surfaces.
(3)
Floodproofing and flood hazard reduction structures for nonconforming
uses and structures.
(4)
Improvements and/or additions to existing structures within
the Floodplain Conservation District.
(5)
Hydropower plants.
(6)
Fire protection facilities for the purpose of collecting and
storing water for fire protection purposes.
(7)
The placing or stripping of topsoil or fill material of any
kind.
4.
Activities Specifically Prohibited in the Floodplain Conservation
District. The following activities, whether proposed in conjunction
with a permitted use or otherwise, shall not occur in any portion
of the Floodplain Conservation District:
A.
Clear-cutting of trees, as defined in Part 2 of this chapter, or the clearing of vegetation, except where such clearing is necessary:
(1)
To prepare land for a use permitted by this chapter or by action
of the Zoning Hearing Board. Where clear-cutting is proposed in conjunction
with the site of a stormwater management basin, such clear-cutting
shall be authorized only when in accordance with an approved plan
for development which the basin is to serve.
(2)
As a reforestation measure.
(3)
As a means to eliminate dead, diseased, or hazardous tree stands.
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Where a clear-cutting operation is deemed permissible for one
of the above reasons, it shall be consistent with the terms of a woodland
management plan approved by the Board of Supervisors. Under no circumstances
shall a clear-cutting operation be conducted within 25 feet of a stream.
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B.
Sod farming.
C.
Storage of any material which, if inundated, would float, or of any
flammable or toxic material or any other material which, if inundated
or otherwise released to the stream, would degrade or pollute the
stream, or cause damage if swept downstream.
D.
Storage of, and the construction, enlargement, or expansion of, any
structure which would be used for the production, storage, or maintenance
of, a supply of the following toxic chemicals which are listed in
the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101
et seq., and are dangerous to human or animal life:
(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)
Herbicides or pesticides (including insecticides, fungicides,
and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(19)
Any other dangerous materials or substances regulated by the
appropriate federal or state agencies, or any materials or substances
which may be added to the list contained in the Flood Plain Management
Act, 32 P.S. § 679.101 et seq., subsequent to enactment
of this chapter or which may be deemed similar thereto.
E.
Installation of subsurface sewage disposal areas.
F.
The construction, placement, enlargement, or expansion of mobile
homes, mobile home parks, mobile home subdivisions, manufactured homes,
manufactured home parks, manufactured home subdivisions, travel trailer
parks, or travel trailers.
G.
The construction, enlargement, or expansion of hospitals (public
or private).
H.
The construction, enlargement, or expansion of nursing homes (public
or private).
I.
The construction, enlargement, or expansion of jails or prisons.
J.
Junkyards.
5.
Special Requirements for Mobile Homes, Manufactured Homes, and Travel
Trailers.
A.
Within the Floodplain Conservation District, any mobile home, manufactured
home, mobile home or manufactured home park, mobile home or manufactured
home subdivision, travel trailer, or travel trailer park not already
existing on a lot as of the date of enactment of this chapter shall
be prohibited.
B.
Within any existing mobile home park, manufactured home park, mobile
home subdivision, manufactured home subdivision, or travel trailer
park within the Floodplain Conservation District, all permitted replacement
units or additions to existing units shall be:
6.
Nonconforming Structures and Uses in the Floodplain Conservation District. Nonconforming structures and uses of land within the Floodplain Conservation District shall be regulated under the provisions of Part 20 of this chapter, but the following additional regulations also shall apply:
A.
Existing nonconforming structures or uses located in the Floodway
(FW) shall not be expanded or enlarged.
B.
The modification, alteration, repair, reconstruction, or improvement of any kind to a nonconforming structure or use in a Floodway (FW) and the modification, expansion, enlargement, alteration, repair, reconstruction, or improvement of any kind to a nonconforming structure or use located in a Flood Fringe (FF) must be authorized as a special exception by the Zoning Hearing Board under the provisions of Part 20 of this chapter. In considering such special exceptions, the Zoning Hearing Board shall apply the following standards and criteria:
(1)
No modification, alteration, repair, reconstruction, or improvement
of any structure in the Floodway (FW) shall be permitted that will
cause any increase in the one-hundred-year flood elevation.
(2)
The proposed change is consistent with the spirit, purpose,
and intent of this chapter.
(3)
The proposed use is feasible and suitable in relation to the
land use capabilities of the property in question, particularly its
capabilities in terms of a suitable water supply, drainage, sewage
disposal, topography, soil conditions, and ecological considerations.
(4)
The proposed change will serve the best interests of the Township,
the convenience of the community, where applicable, and the public
welfare.
(5)
The adequacy of sanitation and public safety provisions, where
applicable, is assured and a certificate of adequacy or permit for
sewage and water facilities has been obtained from the appropriate
governmental agencies required herein or deemed advisable by the Zoning
Hearing Board.
(6)
If improvements to the Floodway (FW), or any filling or alterations
to the elevation of the ground in the Floodway (FW) or Flood Fringe
(FF), or any alterations or relocations of any perennial stream are
contemplated, the Zoning Hearing Board shall determine that the applicant:
(a)
Has complied with the provisions of this section with regard
to the effect of such filling or alterations on base flood elevations.
(b)
Has notified in writing, by certified mail, those adjacent communities
within the stream's watershed that may be affected by such alterations.
(c)
Has provided copies of such notification to the Township for
submission to the Pennsylvania Department of Community and Economic
Development and the Federal Insurance Administrator.
(d)
Has, in addition, obtained a permit from the Pennsylvania Department
of Environmental Protection, Division of Dams and Waterway Management.
(7)
Any permissible modification, alteration, repair, reconstruction,
expansion, or improvement of any kind to a nonconforming structure
or use located in the Flood Plain Conservation District to an extent
or amount less than 50% of its market value shall be elevated and/or
floodproofed to the greatest extent possible.
(8)
Any modification, alteration, repair, reconstruction, expansion,
or improvement of any kind to a nonconforming structure or use, regardless
of location within the Floodplain Conservation District, to an extent
or amount of 50% or more of its market value shall be undertaken only
in full compliance with the provisions of this and any other applicable
ordinances.
(9)
All structures shall be constructed and placed on the lot so
as to offer the minimum obstruction to the flow of water and shall
be designed to have a minimum obstruction effect upon the flow and
height of flood water.
(10)
The Zoning Hearing Board shall have the right to waive any of the requirements of this Subsection 6 for any structure or site listed in or determined eligible for the National Register of Historic Places or the Pennsylvania Inventory or Register of Historic Places or its equivalent. To be eligible to be considered for such a waiver, the site or structure must be identified as an Historic Site on the Historic Register. In deciding upon any request for such a waiver, the Board shall be guided by the criteria in Subsection 8, Hardships, and shall follow the procedures for acting on special exceptions as specified in Part 22 of this chapter. The Board shall consider: (a) the appropriateness of the proposed activity in relation to the quality and integrity of the historic structure; (b) the degree to which the requested waiver will be essential in preserving the structure; (c) the preservation benefits of the proposed activity against its potential impact on flood heights and velocities; (d) the flood hazards attendant to the structure itself; and (e) consistency of the proposed waiver with FEMA requirements.
[Amended by Ord. No. 2020-01, 7/14/2020]
7.
Development and Construction Requirements.
A.
Basements and First Floors.
(1)
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 hereof, having a lowest
floor 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 "Floodproofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement,
certified by a registered professional engineer or architect, that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(c)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Residential Structures. No basement shall be permitted in residential
structures. First floor levels in residential structures shall be
constructed at or above an elevation of 1 1/2 feet above the
elevation of the one-hundred-year flood.
B.
Fill. If fill is used to raise the finished surface of the floor
1 1/2 feet above the elevation of the one-hundred-year flood:
(1)
Fill shall extend laterally 15 feet beyond the building line
from all points.
(2)
Fill shall consist of soil or small rock materials only. Sanitary
land fills shall not be permitted.
(3)
Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data, justifying steeper slopes, are submitted
to and approved by the Township Engineer.
(4)
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
C.
Placement of Buildings and Structures.
(1)
All buildings and structures shall be constructed and placed
on the lot so as to offer the minimum obstruction to the flow of water
and shall be designed to have a minimum effect upon the flow and height
of flood water.
(2)
The following shall not be placed or caused to be placed in
the designated Floodplain Conservation District: fences, except two-wire
fences, other structures or other matter which may impede, retard,
or change the direction of the flow of water, or that will catch or
collect debris carried by such water, or that is placed where the
natural flow of the stream or flood waters would carry the same downstream
to the damage or detriment of either public or private property adjacent
to the floodplain.
D.
Anchoring.
(1)
All buildings and structures shall be firmly anchored to prevent
flotation, thus reducing the threat to life and property and decreasing
the possibility of the blockage of bridge openings and other restricted
sections of the watercourse.
(2)
All air ducts, large pipes, and storage tanks located at or
below the first floor level shall be firmly anchored to prevent flotation.
E.
Floors, Walls, and Ceilings.
(1)
Wood flooring used at or below the lowest floor level shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without incurring structural damage to the
building.
(2)
All finished flooring used at or below the lowest floor level
shall be made of materials which are dimensionally stable and resistant
to water damage resulting from submersion for at least a 48-hour period.
(3)
All carpeting or carpet cushions employed as a finished flooring
surface at or below the lowest floor level shall be made of materials
which are resistant to water damage resulting from submersion for
at least a five-day period.
(4)
Plywood used at or below the lowest floor level shall be of
any "exterior" or "marine" grade and of a water-resistant or waterproof
variety.
(5)
Basement ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to survive inundation.
F.
Electrical Systems.
(1)
All electric water heaters, furnaces, and other critical electrical
installations shall be permitted only at elevations of 1 1/2
feet or more above the level of the one-hundred-year flood.
(2)
No electrical distribution panels shall be allowed at an elevation
less than three feet above the level of the one-hundred-year flood.
(3)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
G.
Plumbing.
(1)
Water heaters, furnaces, and other critical mechanical installations
shall be permitted only at elevations of 1 1/2 feet or more above
the level of the one-hundred-year flood.
(2)
No part of any on-site sewage disposal system shall be constructed
within the Floodplain Conservation District.
(3)
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of flood waters into the systems and discharges
from the systems into flood waters.
(4)
All gas and oil supply systems and all other utilities shall
be designed to preclude the infiltration of flood waters into the
systems and discharges from the systems into flood waters. Additional
provisions shall be made for the drainage of these systems in the
event that flood water infiltration occurs.
H.
Paints and Adhesives.
(1)
Adhesives used at or below the lowest floor level shall have
a bonding strength that is unaffected by inundation.
(2)
Doors and all wood trim at or below the lowest floor level shall
be sealed with a waterproof paint or similar product.
(3)
Paints or other finishes used at or below the lowest floor level
shall be capable of surviving inundation.
I.
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 along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
J.
Water Facilities. All new or replacement water facilities shall be
designed to minimize or eliminate infiltration of flood waters into
the system and be located and constructed to minimize or eliminate
flood damages.
K.
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems shall be located, elevated (where possible),
and constructed to minimize the possibility of impairment during a
flood.
L.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
M.
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 4, "Activities Specifically Prohibited in the Floodplain Conservation District," shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
N.
Fuel Supply Systems. All gas and oil supply systems shall be designed
to prevent the infiltration of flood waters into the system and discharges
from the system into flood waters. Additional provisions shall be
made for the drainage of these systems in the event that flood water
infiltration occurs.
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
and subsections of this chapter, to the extent that they are more
restrictive and/or supplement the requirements of this chapter:
[Amended by Ord. No. 2020-01, 7/14/2020]
(1)
International Building Code (IBC) 2009, 2015, and any supporting
codes or appendix: §§ 801, 1202, 1403, 1603, 1605,
1612, 3402, and Appendix G.
(2)
International Residential Building Code (IRC) 2009, 2015, and
any supporting codes or appendix: §§ R104, R105, R109,
R323, Appendix AE101, Appendix E, and Appendix J.
8.
Hardships.
A.
When the provisions of this section are deemed by the applicant to
be unreasonable or to create a substantial hardship, the applicant
shall have a right to:
B.
All decisions on such appeals shall adhere to the following criteria:
(1)
The Zoning Hearing Board shall not grant a variance or special
exception for any construction, development, use, or activity within
any floodway area that would cause any increase in the base flood
elevation.
(2)
The Zoning Hearing Board shall grant special exceptions only
upon (a) a showing of good and sufficient cause, (b) a determination
that failure to grant the special exception would result in substantial
hardship to the applicant, and (c) a determination that the granting
of a special exception will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
creation of nuisance, fraud on or victimization of the public or conflict
with existing local laws or ordinances.
(3)
The Zoning Hearing Board shall grant a special exception only
upon determination that it is the minimum necessary to afford relief,
considering the flood hazard. In the case of requirements for floodproofing,
the highest feasible class of floodproofing as defined by floodproofing
regulations promulgated by the Office of the Chief of Engineers, U.S.
Army, shall be provided.
(4)
The Zoning Hearing Board shall notify the applicant in writing
over the signature of the Chairman of the Zoning Hearing Board that
(a) the issuance of a decision to allow construction of a structure
below the base flood elevation will result in increased premium rates
for flood insurance, and (b) such construction below the base flood
elevation increases risks to life and property. Such notification
shall be maintained with a record of all decisions as required in
Subparagraph (5), below.
(5)
The Zoning Hearing Board shall (a) maintain a record of all
decisions, including justification for their issuance, and (b) report
such decisions issued to the Township Secretary for purposes of inclusion
in the annual report submitted by the Township to the Federal Insurance
Administrator.
(6)
No special exception or variance shall be granted for any requirement
pertaining to developments which may endanger human life (as described
in Subsections 4D, F, H, I, and J of this section), in accordance
with the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101
et seq.
(7)
Upon receiving an application for a special exception or variance,
the Zoning Hearing Board shall, prior to rendering a decision thereon,
require the applicant to furnish such of the following material as
is deemed necessary by the Board:
(a)
Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot and existing and proposed uses;
photographs showing existing uses and vegetation; soil types and other
pertinent information.
(b)
A series of cross-sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel and elevation of adjoining
land areas to be occupied by the proposed uses, and high water information.
Cross-sections shall be field-run topography based on a known USGS
benchmark.
(c)
Profile showing the slope of the bottom of the channel.
(d)
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, and water supply and sanitary
facilities.
(e)
Computation of the increase, if any, in the height of the base
flood which would be attributable to any proposed uses.
(f)
A deed notation or lease notation, to be placed on record to
run with the land, which notation shall contain the following provision:
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"This lot is entirely (partially) within a Floodplain Conservation
District as defined by Article II of the East Nottingham Township
Zoning Ordinance."
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(8)
In considering any application for a special exception or variance,
the Zoning Hearing Board may request at the hearing the testimony
of any Township board, commission, or technical advisor concerning
the extent to which the proposed use would (a) diminish the capacity
of the Floodplain Conservation District to store and absorb flood
waters, to moderate flood velocities, and to accommodate sediment;
(b) be subject to flood damage; (c) cause erosion and impair the amenity
of the Floodplain Conservation District; or (d) adversely affect the
area contiguous to the Floodplain Conservation District as well as
areas downstream; or on any other pertinent aspect of the case.
(9)
In all proceedings before the Zoning Hearing Board, including
application for special exception from the provisions of this section,
the burden of proof shall be on the applicant to show that the use
requested will be in general conformity with the objectives of this
section, that proper safeguards will be observed, and that the use
will not be injurious to the public health, safety, and general welfare.
9.
Issuance of Building Permit.
A.
The Zoning Officer shall issue a building permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior to the issuance of any building permit, the Zoning Officer
shall review the application for permit to determine if all other
necessary government permits such as those required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.;
the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344;
and the Pennsylvania Clean Streams Act, 35 P.S. § 691.1
et seq. No permit shall be issued until this determination has been
made.
C.
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, Regional Office. In addition,
the Federal Emergency Management Agency and Pennsylvania Department
of Community and Economic Development shall be notified by the Township
prior to any alteration or relocation of any watercourse.
10.
Application Procedures and Requirements.
A.
Application for a building permit shall be made, in writing, to the
Zoning 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 including address.
(5)
Listing of other permits required.
(6)
Brief description of 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.
(7)
A plan of the site showing exact size and location of proposed
construction and any existing buildings or structures.
B.
Where any proposed construction or development is located entirely
or partially within the Floodplain Conservation District, applicants
for building permits shall provide all the necessary information in
sufficient detail and clarity to enable the Zoning 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 as may be required by the Zoning Officer
to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, drawn at a scale of one inch equals
100 feet or less, showing the following:
(a)
North arrow, scale, and date.
(b)
Location map showing the vicinity in which the proposed activity
or development is to be located within the Township.
(c)
Topography based upon the National Geodetic Vertical Datum of
1929 showing existing and proposed contours at intervals of two feet.
(d)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
(e)
The location of all existing streets, drives and other access
ways with information concerning widths, pavement types, and construction
elevations.
(f)
The location of any existing bodies of water or watercourses,
buildings, structures, and other public or private facilities, and
any other natural or man-made features affecting, or affected by,
the proposed activity or development.
(g)
The location of the identified floodplain boundary line, floodway
line, if available, information and spot elevations concerning the
one-hundred-year flood elevations, and information concerning the
flow of water including the direction and velocities.
(h)
A general plan of the entire site accurately showing the location
of all proposed buildings, structures, and any other improvements,
including the location of any existing or proposed subdivision and
land development in order to assure that:
(3)
Plans of all proposed buildings, structures, and other improvements,
drawn at suitable scale showing the following:
(a)
Detailed architectural or engineering drawings including building
size, floodplains, sections and exterior building elevations, as appropriate.
(b)
The proposed lowest floor elevations of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(c)
The elevation of the one-hundred-year flood.
(d)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with a one-hundred-year
flood.
(e)
Detailed information concerning any proposed floodproofing measures.
(f)
Cross-section drawings for all proposed streets, drives, and
other accessways and parking areas showing all rights-of-way and pavement
widths.
(g)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades.
(h)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(4)
The following data and documents:
(a)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within the FE (Special Floodplain Area), when combined with all other
existing and anticipated development, will not increase the elevation
of the one-hundred-year flood more than one foot at any point.
(b)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the one-hundred-year flood elevations,
pressures, velocities, impact, and uplift forces and other hydrostatic,
hydrodynamic and buoyancy factors 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 the development.
(c)
The appropriate component of the Department of Environmental
Protection "Planning Module for Land Development."
(d)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Chester County Conservation District, to implement
and maintain erosion and sedimentation control.
(6)
Inspection and Revocation.
(a)
During the construction period, the Zoning Officer or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable Township regulations
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 Zoning 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 Zoning Officer discovers that the work does
not comply with the permit application or any applicable laws, regulations,
or ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Zoning Officer shall revoke the building permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(d)
A record of all such inspections and violations of this chapter
shall be maintained.
11.
Review by the Chester County Conservation District. A copy of all
plans for development of the Floodplain Conservation District to be
considered for approval shall be submitted by the Zoning Officer to
the Chester County Conservation District for review and comment prior
to the issuance of a permit. The recommendations of the Conservation
District may be incorporated into the plan to provide for protection
against predictable hazards.
12.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Zoning
Officer to any other appropriate agencies and/or individuals (e.g.,
Township Planning Commission, Township Engineer) for review and comment.
13.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside any identified floodplain area or
land uses permitted within such areas will be free from flooding or
flood damage.
B.
This chapter 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 chapter or any administrative decision lawfully
made hereunder.
14.
Interpretation of Chapter. This chapter 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.
In the event that there is any conflict between any of the provisions
of this chapter, the more restrictive shall apply.
[Ord. 2005-9, 12/29/2005, § 403; as amended by Ord. No. 2020-01, 7/14/2020]
The regulations established for the Chester County Conservation
District shall apply to areas within the district as defined by this
Part.
[Ord. 2005-9, 12/29/2005, § 404]
1.
Indication of Wetlands on a Property. The existence of wetlands shall
be indicated by any one or more of the following:
A.
National Wetlands Inventory mapping, as prepared by the U.S. Fish
and Wildlife Service or any other governmental agency having jurisdiction.
B.
Hydric soils or soils with hydric inclusions, as depicted in the
Soil Survey of Chester and Delaware Counties and/or in USDA NRCS Hydric
Soils Lists.
C.
The existence of hydrophytic vegetation or hydrologic conditions,
as determined by on-site investigations performed in accordance with
the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands dated January 10, 1989, or as later amended.
2.
Need and Basis for Delineation.
A.
Where the existence of wetlands on a property is indicated on the basis of Subsection 1, above:
(1)
A wetlands delineation shall be performed on any site where
a determination of net tract or net lot area is required.
(2)
A wetlands delineation shall be performed and, as determined
necessary, a jurisdictional determination shall be obtained for any
site where required by any other applicable permit or plan review
process.
[Ord. 2005-9, 12/29/2005, § 405]
1.
Use Regulations. The following uses are the only uses permitted in
areas where the grade of the slope exceeds 25%, as determined by the
terms of this section.
A.
Parks and outdoor recreational uses, consistent with the goals of
watershed protection.
B.
Selective cutting of trees, as defined by this chapter. Maximum precautions
shall be taken to avoid destruction of or injury to understory brush
and trees.
C.
Grading for the minimum portion of a driveway necessary to access
a single-family dwelling when it can be demonstrated by a professional
engineer on behalf of the applicant that no other routing which avoids
slopes exceeding 25% is feasible.
D.
Accessory uses (excepting swimming pools) necessary for the operation
and maintenance of the above-permitted uses.
2.
Delineation.
A.
The basis for determining areas where the grade of the slope exceeds
15% shall be that area shown as 15% or greater slope on a topographic
survey of the subject property, prepared on behalf of the applicant
by a surveyor or engineer licensed to practice in Pennsylvania.
B.
Unless otherwise approved by the Township, the topographic survey
shall delineate contours at two-foot intervals, and the minimum area
of steep slope shall be: (1) as measured over three contiguous contour
intervals or not less than six feet, and (2) consisting of at least
500 square feet in area.
C.
Where the subject property contains any area of steep slope in excess
of 25%, such area shall be delineated and distinguished from the balance
of the area with slope exceeding 15%.
D.
Each application for construction or land disturbance containing an area or areas delineated as steep slope shall be submitted in accordance with Subsection 3, below. Any area of slope exceeding 15% that falls within the subject lot or lots shall be interpolated and shown by the applicant on the site plan required under Subsection 3A(1) through shading of such area or areas; any area of slope exceeding 25% shall be delineated separately. The site plan shall contain a certification by the registered surveyor or engineer having prepared the plan as to the accuracy of the slopes as depicted on the plan.
E.
Where the exact boundary of an area of slope exceeding 15% in relation
to a given parcel is in question, the applicant's topographic
survey may be supplemented by any other documentation deemed pertinent.
The Township Engineer shall evaluate all such material submitted and
make a written report of the results of his determination, a copy
of which shall be provided to the Board of Supervisors.
F.
Any party aggrieved by any such determination of the Township Engineer
or other decision or determination under this section may appeal to
the Zoning Hearing Board. The burden of proof, as demonstrated by
clear and convincing evidence, shall be on the appellant.
3.
Application Procedure.
A.
Before a permit is issued for any construction or land disturbance
activity on land designated as steep slope under the terms of this
section, the following material, in whole or in pertinent parts, shall
be submitted for review by the Township Engineer:
(1)
An earthmoving plan of the property which indicates existing
grades, with contour lines at two-foot intervals. Proposed grades
within the area of any proposed activity, disturbance, or construction
also shall be shown. All areas with slope exceeding 15% shall be shaded
accordingly. In addition, where the property contains an area with
slope exceeding 25%, such area shall be delineated and distinguished
from the balance of the steep slope area.
(2)
A site plan indicating existing and proposed structures, on-site
sewage facilities, on-site water supply wells, other impervious surfaces,
storm drainage facilities, and retaining walls. The site plan also
shall locate and identify existing vegetation and ground cover within
areas of steep slope, as well as proposed landscaping material to
be installed.
(3)
Architectural plans, elevations, and sections.
(4)
A statement, signed and sealed by a registered architect or
engineer, explaining the building methods to be used in overcoming
foundation and other structural problems created by slope conditions,
preserving the natural watersheds, and preventing soil erosion and
excessive surface water runoff to neighboring properties and/or streets.
(5)
An erosion and sedimentation control and drainage plan, as it
applies to all site disturbance activities including maintenance of
the erosion and sedimentation control structures. The drainage plan
shall show all drainage features and structures, with supporting calculations.
(6)
Plan profile and typical cross-sections of any proposed street,
emergency access, or driveway.
(7)
A statement, signed by the owner or future occupant at the time
of subdivision, land development, or building permit application,
that there is a full understanding of any difficulties associated
with access stemming from steep slopes.
B.
No approval or building permit shall be authorized by the Zoning
Officer, and no special exception shall be granted by the Zoning Hearing
Board, without the Township Engineer's review of this material
and his recommendation thereon.
C.
A fee, in an amount as specified by resolution of the Board of Supervisors,
shall be paid by the applicant to cover the cost of review and recommendation
by the Township Engineer.
[1]
Editor's Note: Former § 27-406, Forestry and Logging
Standards, adopted by Ord. 2005-9, 12/29/2005, § 406, was repealed by Ord. No. 2020-01, 7/14/2020.
[Ord. 2005-9, 12/29/2005, § 407]
1.
On any property in the Township, topsoil or sod may be removed only
under the following conditions:
A.
In connection with the construction or alteration of a street, building,
or parking lot.
B.
In connection with agricultural pursuits, provided that a minimum
of eight inches of topsoil is left in place and that areas where topsoil
is removed are reseeded with an appropriate ground cover within one
year.
