[Added 3-2-2016 by Ord. No. 2016-01[1]]
[1]
Editor's Note: This ordinance also repealed
former Article XVIII, Floodplain Conservation District, added 1-6-1982
by Ord. No. 82.1, as amended.
In addition to the purpose and statement of Township development
objectives found in this chapter, the specific intent of the Floodplain
Conservation District shall be to protect areas of floodplain subject
to and necessary for the containment of floodwaters, and to permit
and encourage the retention of open space land uses which will be
so located and utilized as to constitute a harmonious and appropriate
aspect of the continuing physical development of Lower Salford Township.
Furthermore, in light of the Township's certification as eligible
for federal flood insurance, it is the intent of such district to
provide adequate protection for flood-prone properties within Lower
Salford Township. In advancing these principles and the general purpose
of this Zoning Chapter and the Comprehensive Plan, the following shall
be specific objectives of the Floodplain Conservation District:
A.
To permit only those uses in the floodplain that are compatible with
preserving natural conditions and stream flow.
B.
Promote the general health, welfare, and safety of the Township by
preventing development in areas prone to flooding.
C.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
D.
Minimize danger to public health by protecting water supply and natural
drainage.
E.
Reduce financial burdens imposed on the Township, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
F.
Comply with federal and state floodplain management requirements.
A.
The Floodplain Conservation District is defined and established as
a district applicable to those areas of Lower Salford Township subject
to inundation by the waters of the one-percent-annual-chance flood
(one-hundred-year flood) consisting of the following specific areas:
(1)
Areas delineated on the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, dated March 2, 2016, and subsequent revisions thereto. Said floodplain areas are identified in § 164-92 and § 164-93 and consist of the following specific areas:
(2)
Soils with a frequency of flooding of one-percent or greater per
year, as delineated by the Natural Resources Conservation Service,
United States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
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Bowmansville (Bo)
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Knauers (Bo)
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Gibraltar (Gc)
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Hatboro (Ha)
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Rowland (Rt)
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Rowland (RwA)
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Rowland (RwB)
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Urban Land Occasionally Flooded (UIA)
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B.
In lieu of the mapping provided for above, the Township may require
the applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township.
C.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
D.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Floodplain Conservation District of Lower Salford
Township unless a permit has been obtained from the floodplain administrator.
E.
A permit shall not be required for minor repairs to existing buildings
or structures.
This article supersedes any other conflicting provisions which
may be in effect within the Floodplain Conservation District defined
by this article. However, any other such ordinance provisions shall
remain in full force and effect to the extent that those provisions
are more restrictive. If there is any conflict between any of the
provisions of this article, the more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply
that areas outside the Floodplain Conservation District or that land
uses permitted within such areas will be free from flooding or flood
damages.
B.
This article 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 article or any administrative decision lawfully
made thereunder.
A.
Unless specifically defined below, words and phrases used in this
article shall be interpreted so as to give this article its most reasonable
application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FEMA
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPLAIN SOILS
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(a)
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
REDEVELOPMENT AREA
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
TOWNSHIP
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this article, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile, and can be determined for Zone A Floodplains and
areas with floodplain soils.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to subdivision of land; construction, reconstruction,
renovation, repair, expansion, or alteration of buildings or other
structures; the placement of manufactured homes; streets and other
paving; utilities; fill; grading and excavation; mining; dredging;
drilling operations; or storage of equipment or materials.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Federal Emergency Management Agency.
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the Township.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Soils with a frequency of flooding of one-percent or greater
per year, as delineated by the Natural Resources Conservation Service,
United States Department of Agriculture Web-Based Soil Survey (available
online at http://websoilsurvey.nrcs.usda.gov/), including the following
soils:
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Bowmansville (Bo)
| |
|
Knauers (Bo)
| |
|
Gibraltar (Gc)
| |
|
Hatboro (Ha)
| |
|
Rowland (Rt)
| |
|
Rowland (RwA)
| |
|
Rowland (RwB)
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Urban Land Occasionally Flooded (UIA)
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Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Pennsylvania Historical and Museum Commission (PHMC)
as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historical significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible to qualify for listing in the
National Register; or
Designated as historic by a municipal ordinance by being:
Identified individually or as part of a local historic district
by a zoning ordinance under the authority of the Pennsylvania Municipalities
Planning Code; or
Located in a local historic district that has been certified
by the Pennsylvania Historical and Museum Commission as meeting the
requirements of the Pennsylvania Historic District Act.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include the addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the date of enactment of this floodplain management article,
and includes any subsequent improvements thereto. Any construction
started after February 3, 1982, and before the effective start date
of this floodplain management article is subject to the ordinance
in effect at the time the permit was issued, provided the start of
construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
The flood having a one-percent-chance of being equaled or
exceeded in any given year. Also referred to as the "one-percent-frequency
flood," or the "base flood," as defined by FEMA in the Flood Insurance
Study for the Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's initial
FIRM dated February 3, 1982, whichever is later, and, as such would
be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial FIRM dated February 3, 1982, and, as such would not be required
to be compliant with the regulations of the NFIP.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; or
designed to be self-propelled or permanently towable by a light-duty
truck, not designed for use as a permanent dwelling but rather as
temporary living quarters for recreational, camping, travel, or seasonal
use.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in the adopted
municipal revitalization plan.
The elevation to which development is regulated for purposes
of elevation and/or dry floodproofing. It is equal to the base flood
elevation (BFE) plus a freeboard of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided, but no
floodway has been delineated.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located entirely or partially within a floodplain.
Includes substantial improvement and other proposed new development
within a floodplain and means the date the permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days from
the date of the permit; such construction shall be completed within
12 months after the date of issuance of the permit unless a time extension
is granted, in writing, by the floodplain administrator. The actual
start means either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Any form or arrangement of building materials involving the necessity
of providing support, bracing, typing, anchoring or other protection
against the forces of the elements.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, or the transfer of ownership
or building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres, not involving any new street or easement of access or any
residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however include
either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. (See § 164-97.10.)
Lower Salford Township, Montgomery County, Pennsylvania.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, which is applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations. A
structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
A.
The Floodplain Conservation District shall be any areas of the Township
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated March 2, 2016, and issued by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof, including all
digital data developed as part of the Flood Insurance Study.
B.
The Floodplain Conservation District shall also include soils listed in § 164-87A(2).
C.
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.
D.
The above referenced FIS and FIRMs and any subsequent revisions and
amendments are hereby adopted by the Township and declared to be a
part of this article.
The Floodplain Conservation District shall consist of the following
specific areas/districts:
A.
The Floodway Area/District shall be those areas identified as floodway
on the FIRM as well as those floodway areas which have been identified
in other available studies or sources of information for those special
floodplain areas where no floodway has been identified in the FIS.
The floodway represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point.
(1)
Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2)
Within any floodway area, no new construction or development within
a floodway area shall be allowed, unless a variance is obtained from
the Lower Salford Township Zoning Hearing Board, and a permit is obtained
from the Pennsylvania Department of Environmental Protection Regional
Office.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(1)
The AE Area/District adjacent to the floodway shall be those areas
identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided and a floodway
has been delineated.
(2)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided in the FIS but
no floodway has been delineated.
(a)
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top of bank of any watercourse,
unless the appropriate permit is obtained from the Pennsylvania Department
of Environmental Protection Regional Office.
C.
The A Area/District shall be the areas identified as an A Zone on
the FIRM included in the FIS prepared by FEMA and for which no base
flood elevations have been provided. For these areas, elevation and
floodway information from other federal, state, or other acceptable
source shall be used when available. Where other acceptable information
is not available, the elevation shall be determined by using the elevation
of a point on the boundary of the Floodplain Conservation District
which is nearest the construction site.
D.
Soils with a frequency of flooding of 1% or greater per year, as described in § 164-87A(2).
E.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
The Floodplain Conservation District may be revised or modified
by the 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 FEMA. Additionally, as soon as practicable, but not later than
six months after the date such information becomes available, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
A.
In the case of any dispute concerning the boundaries of a Floodplain
Conservation District, the initial determination shall be made by
the Township Engineer.
B.
Any party aggrieved by such decision of the Township Engineer, which may include the grounds that the FIRM or soil survey is or has become incorrect because of changes due to natural or other causes, or corrections indicated by additional detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XX of this chapter and in § 164-97.4 and § 164-97.5. The burden of proof shall be on the applicant.
C.
Insofar as changes in various natural conditions included in such
district, such changes may be validated by detailed on-site survey
techniques. A determination of whether or not a proposed use is within
the Floodplain Conservation District shall, upon appeal from the decision
of the Township Engineer, be made by the Zoning Hearing Board upon
receipt of the findings of the detailed on-site survey by the applicant.
The Board may consider, in addition to other evidence and standards,
the recommendations of the Planning Commission and the validation
of the Federal Emergency Management Agency (FEMA) and/or other governmental
agencies.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Township shall review flood hazard data affecting the lands subject
to boundary changes. The Township shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
The following uses and no others shall be permitted by right
in the Floodplain Conservation District in compliance with the requirements
of this article:
A.
Up to half of any required yard setback area on an individual residential
lot may extend into the Floodplain Conservation District.
B.
Open space uses that are primarily passive in character shall be
permitted to extend into the floodplain, including:
C.
Forestry operations reviewed by the Montgomery County Conservation
District.
D.
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
E.
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Pennsylvania Department of Environmental
Protection's Erosion and Sediment Pollution Control Manual. In the
event that the municipality has a Riparian Corridor Conservation District
or similar regulation, the more restrictive regulation shall apply.
F.
Public sewer and/or water lines and public utility transmission lines
running along the corridor.
Any use or activity not authorized within § 164-97, herein, shall be prohibited within the Floodplain Conservation District and the following activities and facilities are specifically prohibited, except for as part of a redevelopment project in compliance with § 164-97G herein:
A.
No new construction, alteration, or improvement of buildings and
any other type of permanent structure, including fences and retaining
walls.
B.
Placement of fill.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse.
D.
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 164-97, herein, and where the effects of these actions are mitigated by re-establishment of vegetation.
E.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards.
F.
Roads or driveways, except where permitted as corridor crossings in compliance with § 164-97D, herein.
G.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
H.
Parking lots.
I.
Subsurface sewage disposal areas.
J.
Sod farming.
K.
Stormwater basins, including necessary berms and outfall facilities.
L.
Recreation vehicles.
M.
New or substantially improved manufactured homes.
O.
The commencement of or any construction of a new manufactured home
park or manufactured home subdivision or any substantial improvement
to an existing manufactured home park or manufactured home subdivision.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
proposed to be entirely or partially located within flood hazard areas
where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision (CLOMR) or letter of map revision
(LOMR). Submittal requirements and processing fees shall be the responsibility
of the applicant.
A.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Lower Salford Township Zoning Hearing Board may,
upon request, grant relief from the strict application of the requirements.
B.
For a use other than those permitted in § 164-97 of this chapter, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
C.
The Zoning Hearing Board shall request the review and recommendations
of the Pennsylvania Department of Environmental Protection and the
Montgomery County Conservation District at least 30 days prior to
the public hearing.
D.
The Board shall request, at least 30 days prior to the public hearing,
the review and recommendation of the Lower Salford Township Planning
Commission and the Township Engineer and any other governmental agency
having jurisdiction.
E.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to the Federal Insurance Administration.
A.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
B.
No variance shall be granted for any construction, development, use,
or activity within any portion of the Floodplain Conservation District
without a delineated floodway that would, together with all other
existing and reasonably anticipated development, increase the BFE
more than one foot at any point.
D.
If granted, a variance shall permit only the least modification necessary
to provide relief.
E.
In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare and to achieve the
objectives of this chapter.
G.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will:
In granting any variance, the Zoning Hearing Board shall attach
the following technical provisions as conditions to the decision within
which the variance has been granted. These conditions and safeguards
are necessary in order to protect the public health, safety, and welfare
of the residents of the municipality.
A.
Pertaining to the alteration or relocation of a watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection Regional
Office.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
B.
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. The applicant is required to apply
to FEMA for a conditional approval prior to permitting the encroachments
to occur in accordance with 44 CFR 65.12. Upon conditional approval
and prior to approving the proposed improvements, the Township is
required to adopt a revision to the Floodplain Management Ordinance
incorporating the increased base flood elevation and/or revised floodway
for post-development conditions. Upon completion of the proposed encroachments,
the applicant is required to provide as-built certifications to be
submitted to FEMA for the final map revision in accordance with 44
CFR Part 67. A LOMR or conditional letter of map revision (CLOMR)
is required for:
(1)
Any development that causes a rise in the base flood elevations
within the floodway; or
(2)
Any development occurring in Zone A and Zone AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation; or
(3)
Alteration or relocation of a stream, including but not limited
to installing culverts and bridges.
C.
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this article
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
A.
Within any portions of the Floodplain Conservation District without
a delineated floodway, manufactured homes shall be prohibited and
no variance shall be granted within the area measured 50 feet landward
from the top-of-bank of any watercourse.
B.
Within any Floodway Area/District, manufactured homes shall be prohibited
and no variance shall be granted.
C.
Where permitted by variance within the Floodplain Conservation District,
all manufactured homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above the base flood elevation.
(3)
Anchored to resist flotation, collapse, or lateral movement.
(4)
Have all ductwork and utilities including HVAC/heat pump elevated
to at or above the regulatory flood elevation.
D.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 International Residential Building Code
or the U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto shall apply, as shall 34 Pa. Code Chapters 401 through
405.
E.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed installation.
A.
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances, shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human 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)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Within any floodway area, any structure of the kind described in § 164-97.9A shall be prohibited and no variance shall be granted.
C.
Within any portion of the Floodplain Conservation District without a delineated floodway, any new or substantially improved structure of the kind described in § 164-97.9A, above, shall be prohibited within the area measured 50 feet landward from the top of bank of any watercourse and no variance shall be granted.
D.
Where permitted by a variance within the Floodplain Conservation District, any new or substantially improved structure of the kind described in § 164-97.9A shall be:
(1)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the base flood elevation.
(2)
Designed to prevent pollution from the structure or activity
during the course of a base flood elevation.
(4)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Floodproofing Regulations" (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other equivalent
watertight standard.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation and the appropriate permit is obtained
from the Pennsylvania Department of Environmental Protection Regional
Office.
B.
No expansion or enlargement of an existing structure shall be allowed
within any portion of the Floodplain Conservation District without
a delineated floodway that would, together with all other existing
and anticipated development, increase the BFE more than one foot at
any point.
C.
Within any portion of the Floodplain Conservation District without
a delineated floodway, no new construction or development shall be
located within the area measured 50 feet landward from the top-of-bank
of any watercourse, unless the appropriate permit is obtained from
the Pennsylvania Department of Environmental Protection Regional Office.
D.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
E.
Any modification, alteration, reconstruction, or improvement, of
any kind to an existing structure, to an extent or amount of 50% or
more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
F.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this article must
comply with all ordinance requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
G.
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC or the most recent
revisions thereto.
H.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
I.
Any modification, alteration, reconstruction or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
A.
Residential structures.
(1)
In the Floodway or AE Zone, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(2)
In any portion of the Floodplain Conservation District where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 164-93E of this article.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be
utilized.
B.
Nonresidential structures.
(1)
In the Floodway or AE Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In any portion of the Floodplain Conservation District where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 164-93E of this article.
(3)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "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 which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
used.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
Minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structures.
(1)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to or above
the regulatory flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the floodplain administrator; and
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall 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.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within
any Floodplain Conservation District except in strict compliance with
all state and local regulations for such systems. If any such system
is permitted, it shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities From Flood Damages and the International
Private Sewage Disposal Code shall be utilized.
D.
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 164-97.9, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
L.
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other sections and subsections of this article, to the extent that
they are more restrictive and/or supplement the requirements of this
article.
(1)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the activities indicated in Subsections A and B, below, shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by the Township. In order to apply for a special permit, a variance must first be obtained, as outlined in § 164-97.4 and § 164-97.5.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request including a completed special permit application
form.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(4)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation elevations and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development;"
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Township the following procedures shall apply in addition to those of § 164-97.18:
A.
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Township Planning Commission
and the Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Township shall
notify the applicant in writing, stating in what respect the application
is deficient.
C.
If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Department of Community and Economic Development, by registered
or certified mail, within five working days after the date of approval.
E.
Before issuing the special permit, the Township shall allow the Department
of Community and Economic Development 30 days, after receipt of the
notification by the Department, to review the application and decision
made by the Township.
F.
If the Township does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special permit to the applicant.
G.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Township and the
applicant, in writing, of the reasons for the disapproval, and the
Township shall not issue the special permit.
A.
In addition to the requirements of § 164-97.6 through § 164-97.12 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 164-97.6 through § 164-97.12 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(1)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
(a)
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
(b)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above the base flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
All 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 and the Department of Community and Economic
Development.
A.
Designation of the floodplain administrator. The Township Zoning
Officer within Lower Salford Township is hereby appointed to administer
and enforce this article and is referred to herein as the floodplain
administrator.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within the Floodplain Conservation District.
C.
Duties and responsibilities of the floodplain administrator.
(1)
The floodplain administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33, U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
(3)
In the case of existing structures, prior to the issuance of
any permit, the floodplain administrator shall review the history
of repairs to the subject structure so that any repetitive loss issues
can be addressed before the permit is issued.
(4)
During the construction period, the floodplain administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. The floodplain administrator shall make as many inspections
during and upon completion of the work as are necessary.
(5)
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(6)
In the event the floodplain administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the floodplain administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(7)
The floodplain administrator shall maintain in perpetuity all
records associated with the requirements of this article including,
but not limited to, permitting, inspection and enforcement.
(8)
The floodplain administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township. Such application
shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location including address.
(5)
Listing of other permits or variances required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the floodplain administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(4)
Structures will be anchored to prevent floatation, collapse,
or lateral movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been used.
(7)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the floodplain administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
(e)
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities;
(f)
All property lines and lot lines including dimensions, and the
size of the site expressed in acres or square feet.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevators.
(b)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an Floodway Area/District when combined with all other existing
and anticipated development, will not increase the base flood elevation
at any point.
(d)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any portion of the Floodplain Conservation District without
a delineated floodway when combined with all other existing and anticipated
development, will not increase the base flood elevation more than
one foot at any point.
(e)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(f)
Detailed information needed to determine compliance with § 164-97.12F, Storage, and § 164-97.9, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 164-97.9 and § 164-97.12F which are intended to be used, produced, stored or otherwise maintained on site.
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
After the issuance of a permit by the floodplain administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the floodplain
administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to floodplain administrator for
consideration.
A.
Work on the proposed construction shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the floodplain administrator. The term "start of construction" shall be understood as defined in § 164-91 of this article.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the floodplain administrator to approve such a request and the
original permit is compliant with the ordinance and FIRM/FIS in effect
at the time the extension is granted.
A.
Enforcement notices and penalties. Whenever the floodplain administrator or other authorized municipal representative determilpnes that there are reasonable grounds to believe that there has been a violation of any provisions of this article, or of any regulations adopted pursuant thereto, the floodplain administrator shall follow the procedures outlined in §§ 164-146 and 164-147.
A.
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipal Planning Code and the
Zoning Ordinance.
C.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state, including the Pennsylvania Flood Plain Management Act.
