Township of East Nottingham, PA: Floodplain Conservation District.

§ 27-402 Floodplain Conservation District.

[Ord. 2005-9, 12/29/2005, § 402; as amended by Ord. 2006-3, 11/14/2006, § I]

Statement of Intent. The purposes of the Floodplain Conservation District are:

Regulate development that will cause unacceptable increases in flood heights, velocities, and frequencies.

Restrict or prohibit certain uses susceptible to flood damage.

Protect aquifer recharge areas and other areas of the Township sensitive to pollution and contamination.

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.

Minimize danger to public health and safety by protecting water supply, sanitary sewage disposal, and natural drainage.

Protect the quantity and quality of surface and subsurface water supplies adjacent to and underlying floodplain areas.

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.

Maintain the scenic and aesthetic character of the streams and stream valleys.

Description of Floodplain Areas.

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]

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.

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.

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.

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).

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.

Permitted Uses.

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.

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.

(8)

Modification or waivers of the otherwise applicable terms of this section regulating nonconforming uses and structures, with respect to historic structures, as provided in Subsection 6.

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:

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.

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.

Sod farming.

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.

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:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

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.

Installation of subsurface sewage disposal areas.

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.

The construction, enlargement, or expansion of hospitals (public or private).

The construction, enlargement, or expansion of nursing homes (public or private).

The construction, enlargement, or expansion of jails or prisons.

Junkyards.

Special Requirements for Mobile Homes, Manufactured Homes, and Travel Trailers.

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.

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:

(1)

Placed on a permanent foundation.

(2)

Anchored to resist flotation, collapse, or lateral movement.

(3)

Elevated so that the lowest floor of the home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.

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:

Existing nonconforming structures or uses located in the Floodway (FW) shall not be expanded or enlarged.

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]

Development and Construction Requirements.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

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.

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.

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.

Hardships.

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:

(1)

In the case of applications for permitted uses, make an appeal to the Zoning Hearing Board for a variance in accordance with the provisions of Part 22 of this chapter.

(2)

In the case of an application to the Zoning Hearing Board for a special exception under the provisions of Subsection 4, supply additional testimony and evidence to the Zoning Hearing Board as part of the request for relief from such hardship.

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:

"This lot is entirely (partially) within a Floodplain Conservation District as defined by Article II of the East Nottingham Township Zoning Ordinance."

(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.

Issuance of Building Permit.

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.

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.

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.

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.

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.

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:

All such proposals are consistent with the need to minimize flood damage.

All utilities and facilities, such as sewer, gas, and electric are constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

(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.

(5)

Start of Construction. The start of construction, as defined by this chapter, and its completion shall occur within the time frames established for zoning permits in § 27-2104, Subsection 2, of this chapter.

(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.

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.

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.

§ 27-405 Steep Slope Regulations.

[Ord. 2005-9, 12/29/2005, § 405]

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.

Parks and outdoor recreational uses, consistent with the goals of watershed protection.

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.

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.

Accessory uses (excepting swimming pools) necessary for the operation and maintenance of the above-permitted uses.

Delineation.

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.

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.

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%.

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.

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.

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.

Application Procedure.

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.

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.

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.