[Ord. 125, 7/18/2007, § 501]
1.
The landowner, person and/or entity performing any earth disturbance
shall utilize sufficient measures to prevent soil erosion and sedimentation
of creeks.
A.
The disturbed land area and the duration of exposure shall be kept
to a practical minimum.
B.
Except for agricultural activities, any earth disturbance over 5,000
square feet of land area shall require the submission of an adequate
erosion and sedimentation control plan to the County Conservation
District.
C.
See state erosion control regulations (Note-as of 2007 in 25 Pa.
Code Chapter 102).
[Ord. 125, 7/18/2007, § 502]
1.
No landowner, tenant nor lessee shall use or allow to be used any
land or structures in a way that results or threatens to result in
any of the following conditions:
A.
Transmission of communicable disease, including conditions that may
encourage the breeding of insects or rodents.
B.
A physical hazard to the public, or a physical hazard that could
be an attractive nuisance that would be accessible by children.
C.
Pollution to groundwaters or surface waters, other than as authorized
by a state or federal permit.
D.
Risks to public health and safety, such as but not limited to explosion,
fire or biological hazards.
E.
Interference with the reasonable use and enjoyment of property by
a neighboring landowner of ordinary sensitivities.
2.
Additional Information. If the Zoning Officer has reason to believe
that the proposed use may have difficulty complying with the standards
of this Part, then the Zoning Officer may require an applicant to
provide written descriptions of proposed machinery, hazardous substances,
operations and safeguards.
[Ord. 125, 7/18/2007, § 503]
See § 27-308.
[Ord. 125, 7/18/2007, § 504; as amended by Ord.
160, 6/4/2014, § 1]
1.
Purposes. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain Management Act of 1978, 32 P.S. § 679.101 et seq., delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. The FP District is an overlay district to the underlying zoning districts. The FP District includes areas that have been identified by the federal government and the Township as being subject to periodic inundation by floodwaters. This inundation needs to be managed to avoid loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of tax base, and other adverse effects on the public health, safety, and general welfare. The FP District is intended to manage development and alteration of floodplain areas to avoid incompatible or dangerous development. In addition to serving the purposes listed in Part 1, this section is intended to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
To prevent the erection of structures in areas with a known danger
from flooding.
D.
Minimize danger to public health by protecting water supply and natural
drainage.
E.
Control development which, alone or in combination with similar development,
could create burdens on the community, governments, emergency service
providers and individuals for the costs of flood control works, rescue,
relief, emergency preparedness measures, sandbagging, pumping, and
temporary dikes or levees, as well as business interruptions, factory
closings, disruptions of transportation routes, and interference with
utility services, as well as other factors that result in loss of
wages, sales, and production and generally adversely affect the economic
well-being of the community.
F.
Comply with federal and state floodplain management requirements.
G.
To maintain a stable tax base that is not threatened by the destruction
of properties.
H.
To permit certain uses which can appropriately be located in the
floodplain as herein defined without impeding the flow of floodwaters
or otherwise causing danger or damage to life or property at, above,
or below their locations in the floodplain.
I.
To permit certain uses in the floodplain in ways that preserve natural
conditions conducive to the maintenance of ecological balance, wildlife
and productive wildlife habitat, marine life and productive marine
habitat, other healthy biotic systems, scenic and natural values,
constant rates of water flow throughout the year, and areas for groundwater
absorption for sustaining the subsurface water supply.
J.
To provide sufficient unimpeded drainage courses and prohibit the
restriction of their carrying capacities so as to safely carry abnormal
flows of stormwater from periods of heavy precipitation.
K.
To prevent the placement of materials which might be swept by floods
onto other lands or downstream to the injury of others.
L.
To provide for public awareness of flooding potential and to discourage
and protect unwary individuals from buying land and structures which
are unsuited for intended purposes because of flood hazards.
M.
To regulate uses, activities, development, and structures which,
acting alone or in combination with existing or future uses, activities,
development, or structures, will cause increases in flood elevations,
velocities, and frequencies.
N.
To provide areas for the deposition of sediment.
O.
To protect people and property in other municipalities within the
same watershed from the impact of improper development in floodplains
and the consequent increased potential for flooding.
2.
Relationship to Other Parts and Sections. The provisions of this
section create an overlay zoning district which is applicable within
floodplains in all other zoning districts established by this chapter.
If any provisions of this section conflict with other parts and sections
of this chapter, and all other ordinances of the Township, then the
more restrictive condition shall apply. However, no other part and
section of this chapter and of other ordinances of the Township shall
supersede the intent of this section to limit all activity in the
FP District such that no activity will cause any increase in flood
elevations, velocities, and frequencies.
3.
Applicability.
A.
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 FP District of the Township unless a permit has
been obtained from the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing buildings
or structures.
4.
Abrogation and Greater Restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other provisions of other ordinances
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 section, the more restrictive shall apply.
5.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this section
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood elevations
may be increased by man-made or natural causes, such as, but not limited
to, ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas,
or that land uses permitted within such areas will be free from flooding
or flood damages.
B.
This section 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 section or any administrative decision lawfully
made thereunder.
6.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CHANNEL
CHANNEL FLOW
CONSERVATION PLAN
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FILL
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HAZARDOUS MATERIAL
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
MOBILE HOME
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
ONE HUNDRED-YEAR FLOOD
PERSON
PESTICIDE
PETROLEUM PRODUCT
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RADIOACTIVE MATERIAL
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION (RFE)
REPETITIVE LOSS
SPECIAL EXCEPTION PERMIT
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
TRANSIENT COMMERCIAL ENTERPRISE VEHICLE
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
WATERCOURSE
WATERSHED
Definitions.
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 1% chance of being equaled or exceeded
in any given year (also called the "one-hundred-year flood" or 1%
annual chance flood).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (CFS).
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 1% or greater chance of being equaled
or exceeded in any given year.
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.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
That water which is flowing within the limits of a defined
channel.
A plan including a map(s) and narrative that, at the very
least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land including, but not limited
to, levees, bulkheads, dikes, jetties, embankments, and causeways.
A temporary inundation of normally dry land areas.
The Official Map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency 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.
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.
Materials which have the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, and arsenic and their common salts, lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive material. Also included are floatable materials with
the potential to cause physical damage, such as logs, storage tanks,
and large containers.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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(1)
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Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
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(2)
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Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
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(3)
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Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior.
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(4)
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Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
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(a)
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By an approved state program as determined by the Secretary
of the Interior.
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(b)
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Directly by the Secretary of the Interior in states without
approved programs.
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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
nonelevation design requirements of this section.
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 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, mechanical or
other work affecting public health or general safety.
See "manufactured home."
Structures for which the start of construction commenced
on or after the effective start date of this section and includes
any subsequent improvements to such structures. Any construction started
after February 25, 1983, and before the effective start date of this
section 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.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, or other
matter in, along, across, or projecting into any channel, watercourse,
or floodplain, which may impede, retard, or change the direction of
the flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow of water might
carry the same downstream to cause damage to life or property.
See "base flood."
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.
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
Is a structure for which construction or substantial improvement
occurred on or after the community's initial Flood Insurance
Rate Map (FIRM) dated February 25, 1983, and, as such, would be required
to be compliant with the regulations of the National Flood Insurance
Program.
Is a structure for which construction or substantial improvement
occurred before the community's initial Flood Insurance Rate
Map (FIRM) dated February 25, 1983, and, as such, would not be required
to be compliant with the regulations of the National Flood Insurance
Program.
Any natural or artificially produced substance which emits
radiation spontaneously.
A vehicle which is:
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(1)
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Built on a single chassis.
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(2)
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Not more than 400 square feet, measured at the largest horizontal
projections.
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(3)
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Designed to be self-propelled or permanently towable by a light-duty
truck.
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(4)
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Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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The base flood elevation (BFE) or estimated flood elevation
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which 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.
A special approval which is required for uses listed in Subsection 10A when such development is located in all, or a designated portion of a floodplain.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or, AH.
Includes substantial improvement and other proposed new development
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 after the date
of the permit and 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 walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary folios, 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.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land including, but not limited to, gas
or liquid storage tanks.
The division or re-division 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, 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, of which the cost 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" regardless of the actual repair work performed.
The term does not, however, include 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.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this section
must comply with all section requirements that do not preclude the
structure's continued designation as a historic structure. Documentation
that a specific section 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 section
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
Any vehicle which is:
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(1)
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Built on a single chassis or part of an articulated trailer.
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(2)
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Designed to be self-propelled or permanently towable by a truck.
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(3)
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Designed for use to conduct mobile, semi-permanent or permanent
enterprise such as, but not limited to, the sale of food, goods, or
services.
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The statewide building code adopted by the Pennsylvania General
Assembly in 1999, 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 community'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 permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake, or other body of surface water, carrying
or holding surface water, whether natural or man-made.
All the land from which water drains into a particular watercourse.
7.
Administration.
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may: (a) fulfill the duties and responsibilities
set forth in these regulations, (b) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees, or (c) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR § 59.22.
(2)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Township
Engineer.
B.
Permits Required. Within the FP District, building permits shall
be required for all proposed development, construction, reconstruction,
placement, replacement, expansion, extension; repair, or other improvement
of uses or structures, regardless of value, including the placement
of manufactured homes and activities such as mining, dredging, filling,
grading, logging, paving, excavation, or drilling operations.
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, and upon receipt of a report to be prepared
by the Township Engineer.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
and the Township Engineer shall review the permit application to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act, 35 P.S. § 750.1 et seq.; the Pennsylvania
Dam Safety and Encroachments Act 32 P.S. § 693.1 et seq.;
the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq.;
and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(3)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, 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. He/she 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 identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(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 section including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(8)
The Floodplain Administrator is the official responsible for
submitting a biennial report to the FEMA concerning community participation
in the National Flood Insurance Program.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this section as the Floodplain Administrator.
(10)
The Floodplain Administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application Procedures and Requirements.
(1)
Every zoning permit application for work or uses within the
Floodplain District shall include or be accompanied by all information
necessary for the Zoning Officer to determine that the proposal meets
all of the provisions of this section and this chapter.
(2)
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:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
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.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(h)
State whether or not the structure includes a basement.
(3)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
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.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(4)
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:
(a)
A completed permit application form.
(b)
A copy of all plans and applications for proposed construction
or other improvements within the FP District to be considered for
approval may be submitted by the Zoning Officer to any other appropriate
agencies and/or individuals for review and comment.
(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)
Topographic contour lines, if available.
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 and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
5)
The location of all existing streets, drives, and other access
ways.
6)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(d)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
1)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988.
2)
The elevation of the base flood.
3)
If the structure has been flood proofed, the elevation (in relation
to mean sea level) to which the structure was flood proofed.
4)
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 IBC or the 2009 IRC.
(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)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
3)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
4)
Documentation, certified by a registered professional engineer, architect, or landscape architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see Subsection 8B), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
5)
Documentation, certified by a registered professional engineer,
architect, or landscape 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.
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Such statement shall include: a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development, a certification that they meet the provisions of Subsection 13 of this section; and a certification the floodproofing measures are adequate to withstand the flood depths, pressures, velocities, impact, uplift forces, and other factors associated with the base flood, and indicating the specific elevation (in relation to mean sea level) to which such structure is flood-proofed.
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6)
Documentation, certified by a registered professional engineer, architect, or landscape architect, 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, including a statement concerning the effects such pollution may have on human life, and provides detailed information needed to determine compliance with Subsections 12 and 13, including:
a)
The amount, location and purpose of any materials or substances referred to in Subsection 12B which are intended to be used, produced, stored or otherwise maintained on site.
b)
A description of the safeguards incorporated into the design of the
proposed structure to prevent leaks or spills of the dangerous materials
or substances listed in Subsection 12B(14) during a base flood.
7)
Documentation, 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 elevations and flows.
8)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
9)
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.
(5)
Applications for permits shall be accompanied by a fee, payable
to the Township, prescribed, and from time to time revised, by resolution
of the Township Board of Supervisors; said fee shall be based upon
actual costs incurred by the Township for engineering, legal, and
administrative services rendered by the Township Engineer, Solicitor,
Floodplain Administrator, and other Township personnel in the course
of review and approval of plans and applications and during the course
of development and field inspection.
E.
Regulations and Reviews by Others.
(1)
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 Floodplain Administrator or Township
Engineer to any other appropriate agencies and/or individuals (e.g.,
planning commission, conservation district, etc.) for review and comment.
(2)
Where applicable and where possible, all necessary permits or
other written approvals will be obtained from all other agencies before
any approvals of plans, special exceptions, variances, or permits
may be granted by the Township or its agencies, officials, or employees.
(3)
Where necessary, permits or written approvals from other agencies
cannot be obtained prior to action by the Township, any approval of
plans, special exceptions, variances, or permits by the Township or
its agencies, officials, or employees shall be conditioned upon receiving
such other agencies' permits or written approvals.
F.
Changes. 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 and the Township Engineer. Requests for any such change
shall be in writing, and shall be submitted by the applicant to Floodplain
Administrator and the Township Engineer for consideration.
G.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
H.
Start of Construction and Time Extensions. Work on the proposed construction or development shall begin and be completed within the time frames defined in Subsection 6, "Start of Construction." 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 section and FIRM/FIS in effect at the time the extension is granted. Time extensions requested for projects started prior to issuance of a permit will be given additional scrutiny.
8.
Identification of Floodplain Areas.
A.
Identification. The identified floodplain area shall be:
(1)
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 July 16, 2014, 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.
(2)
Any community identified flood hazard areas. 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 section.
B.
Description and Special Requirements of Identified Floodplain Areas.
The FP District is hereby defined to include all of the following
specific sub-areas within the Township:
(1)
The AE Area without floodway shall be those areas identified
as Zone AE 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 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 at any point within the community or adjacent municipalities.
(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 a permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
The A Area shall be those areas identified as Zone A 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 highest
elevation of a point on the boundary of the identified floodplain
area which either runs through or is nearest the construction site.
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In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers, or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
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(3)
Community identified flood hazard areas shall be those areas
where the Township has identified local flood hazard or ponding areas,
as delineated and adopted on a "Local Flood Hazard Map" using best
available topographic data and locally derived information such as
flood of record, historic high water marks, soils or approximate study
methodologies.
C.
Changes in Identification of Area. The identified floodplain area
may be revised or modified by the Board of Supervisors where studies
or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change to the
Special Flood Hazard Area, approval must be obtained from FEMA. Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, the Township shall notify FEMA
of the changes to the Special Flood Hazard Area by submitting technical
or scientific data.
D.
Boundary Disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Floodplain
Administrator and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
E.
Jurisdictional Boundary Changes. 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 CFR 44 60.3.
9.
Uses.
A.
Permitted by Right Uses. The following uses and others are permitted
in the FP District, provided they are allowed in the underlying zoning
district and provided they do not involve any grading or filling which
would cause any increase in flood elevations or frequency, and provided
they comply with other sections of this chapter.
(1)
Forestry.
(2)
Erosion and sedimentation control measures, erosion and sedimentation
control facilities, and erosion and sedimentation control structures,
provided no increase in flood elevations or frequency, unhealthful
ponding, or other unsanitary conditions shall occur.
(3)
Public and private recreational uses such as parks, swimming
areas (excluding swimming pools), play areas, day camps, campgrounds
(excluding camp sites), picnic groves, lawns, gardens, golf courses,
driving ranges, archery ranges, game farms, areas or clubs for hunting,
fishing, and/or boating (including marker or anchor buoys), paved
bicycle paths, and hiking and horseback riding trails, all excluding
any structures, and excluding any grading or filling which would cause
any increase in flood elevations or frequency.
(4)
Crop farming, not including buildings.
(5)
Activities related to the preservation of natural amenities,
including wildlife sanctuaries, nature preserves, woodland preserves,
botanical gardens, or arboreta, excluding any structures, and excluding
any grading or filling which would cause any increase in flood elevations
or frequency.
(6)
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Fish and Boat Commission and reviewed by the County Conservation District, and subject to the provisions of Subsection 13.
(7)
Sign posts, light posts, fences, and temporary protective fences
that do not impede floodwaters.
(8)
Picnic tables, park benches, fireplaces and grills, and playground
equipment, all if anchored to prevent flotation.
(9)
Blinds for the shooting or observation of wildlife, if anchored
to prevent flotation.
(10)
Farm ponds which are constructed in accordance with a conservation plan reviewed by the County Conservation District and which do not create any increase in flood elevations or frequency, and subject to the provisions of Subsection 13.
(11)
Floodproofing of lawfully existing nonconforming structures
and lawfully existing nonconforming uses within structures.
(12)
Public utility facilities (except buildings) under the exclusive jurisdiction of the State Public Utility Commission and specifically exempted from control by this chapter, subject to the provisions of Subsection 13.
(13)
Water monitoring devices, docks, piers and boat launching ramps.
(14)
Utility lines.
B.
Prohibited Uses. The following uses are prohibited in the FP District:
(1)
All uses prohibited either expressly or implicitly in the underlying
zoning district for the land in question.
(3)
Recreational vehicles and transient commercial enterprise vehicles.
(4)
Swimming pools, in-ground and above-ground.
(5)
Sanitary landfills, dumps, junk and salvage yards, and outdoor
storage of hazardous materials.
(6)
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in Subsection 9A and Subsection 10A; provided, however, that no grading or filling is permitted which would cause any increase in flood elevations or frequency.
(7)
Grading or filling that could cause any increase in flood elevations
or frequency.
(9)
Fences of a type that could obstruct floodwaters.
(10)
Storage of herbicides, pesticides, domestic or industrial waste,
radioactive materials, petroleum or other flammable materials, explosives,
poisonous materials, hazardous materials, or other materials which,
if flooded, would pollute the watercourse or be injurious to human,
animal, or plant life.
(11)
Cemeteries for humans or animals.
(12)
Any development, structure, or use which may, whether alone
or in combination with others, and except where specifically authorized
elsewhere in this section:
(14)
Any new structure or building, or any expansion or substantial
improvement to an existing structure or building which:
(a)
Will be used for the production or storage of any of the following
dangerous materials or substances.
(b)
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.
(c)
Will involve the production, storage, or use of any amount of
radioactive substances.
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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:
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1)
Acetone.
2)
Ammonia.
3)
Benzene.
4)
Calcium carbide.
5)
Carbon disulfide.
6)
Celluloid Chlorine.
7)
Hydrochloric acid.
8)
Hydrocyanic acid.
9)
Magnesium.
10)
Nitric acid and oxides of nitrogen.
11)
Petroleum products (gasoline, fuel oil, etc.).
12)
Phosphorus.
13)
Potassium.
14)
Sodium.
15)
Sulfur and sulfur products.
16)
Pesticides (including insecticides, fungicides,
and rodenticides).
17)
Radioactive substances, insofar as such substances
are not otherwise regulated.
10.
Special Exception Uses.
A.
Special Exception Uses. The following uses shall need special exception approval if located within the base flood area, however such uses shall not be allowed if they would violate § 27-312 of this chapter:
B.
Standards and Criteria for Special Exceptions. Where special exception
approval is required for a use within the FP District, the Zoning
Hearing Board shall also determine that the following standards and
criteria have been complied with:
(1)
Danger to life and property due to increased flood elevations,
velocities, or frequencies caused by encroachments, is minimized.
(2)
The danger that floodwaters or materials may be swept onto other
lands or downstream to cause injury to others is minimized.
(3)
A possibility of disease, contamination, and unsanitary conditions,
is minimized and especially that any proposed water supply or sanitation
systems are able to prevent these problems.
(4)
The susceptibility of the proposed facility and its contents
to flood damage, the effect of such damage on the individual owners,
and the need for and effect of flood proofing, are minimized.
(5)
The proposed facility and its services are important to the
community.
(6)
There are no available alternate locations not subject to flooding
for the proposed use.
(7)
The proposed use is compatible with existing and anticipated
development.
(8)
The proposed use is consistent with any floodplain management
program for the area.
(9)
The safety of access to the property in times of flooding for
ordinary and emergency vehicles is assured.
(10)
The expected area, elevation, depth, velocity, pressure, frequency,
duration, rate of rise, seasonality, and sediment, debris, and pollutant
load of floodwaters expected at the site is not inconsistent with
the proposed use.
(11)
The proposed activity will not unduly alter natural water flow
or water temperature.
(12)
Historic sites and structures and high quality wildlife habitats
will not be degraded or destroyed.
(13)
The natural, scenic, and aesthetic values at the proposed site
will be conserved.
(14)
The danger, damage, and injury to all adjoining properties on
both sides of any watercourse, regardless of municipality, is minimized.
In this regard, any proposal affecting an adjacent municipality shall
be submitted to that municipality's planning commission and governing
body for review and comment.
(16)
With any floodway, the following provisions apply:
C.
Application Requirements. In hearing and deciding upon special exceptions
to be granted or denied under the provisions of this section, the
burden of proof shall be on the applicant. The Zoning Hearing Board
may require the applicant to submit such plans, specifications, and
other information as it may deem necessary to assist it in arriving
at a fair and impartial determination. Such required information may
include, but is not limited to, the following:
(1)
A written request including a completed special exception application
form.
(2)
A small scale map showing the vicinity in which the proposed
site is located.
(3)
Plans clearly and legibly drawn to scale of one inch being equal
to 100 feet or less, showing the nature, location, dimensions, and
elevations of the lot, existing or proposed structures, fill, storage
of materials, flood proofing measures, and the relationship of the
above to the location of the channel. Plan shall include a north arrow,
scale and date.
(4)
A typical valley cross-section showing the channel of the watercourse,
elevations of land area adjoining each side of the channel, cross-sectional
areas to be occupied by the proposed development, and high water information.
(5)
A plan (surface view) showing elevations or contours of the
ground; pertinent structure, fill, or storage elevations; size, location,
and spatial arrangement of all proposed and existing structures on
the site; location and elevations of streets, water supply facilities,
and sanitary facilities; photographs showing existing land uses and
vegetation upstream and downstream; soil types; and other pertinent
information.
(6)
A profile showing the slope of the bottom of the channel or
flow line of the watercourse.
(7)
Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of material,
water supply facilities, and sanitary facilities.
(8)
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.
D.
Referrals. In hearing and deciding upon special exceptions to be
granted or denied under the provisions of this section, the Zoning
Hearing Board shall solicit the comments and recommendations of the
Township Planning Commission, and any other experts or authorities
it may deem necessary to assist it in arriving at a fair and impartial
determination.
E.
Conditions of Approval. In granting any special exception, the Zoning
Hearing Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter.
F.
Fees for Special Exceptions. Any fees assessed an applicant for a
special exception, whether for a hearing, a flood study, or any other
purpose, shall not exceed those costs directly associated with the
particular application.
11.
Variances.
B.
Variances from the provisions of this section are discouraged. Where,
however, a variance is essential, the following requirements of the
National Flood Insurance Program must be complied with in addition
to all other variance provisions of this chapter and the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended. In all variance proceedings the burden of proof shall be
on the applicant.
(1)
No variance shall be granted for any construction, development,
use, or activity within any identified floodplain area that would,
together with all other existing and anticipated development, cause
any increase in the BFE at any point in the Township or adjacent municipalities.
(3)
Variances shall only be granted upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result
in increased flood elevations, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with any other applicable
laws, ordinances, or regulations.
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(4)
In granting any variance, the Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this section.
(6)
A complete record of all variance requests and actions, including
justifications for granted variances, 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 FEMA.
(7)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the base flood.
12.
Nonconforming Uses and Structures in the FP District.
A.
Continuation.
(1)
All uses or structures lawfully existing in the FP District
as of the effective date of this chapter that are not in conformity
with the provisions of this section shall be deemed nonconforming
uses or structures. Such nonconforming uses or structures may be continued,
maintained, repaired and flood proofed, except as otherwise provided
for in this section. However, such nonconforming uses or structures
may at any time be improved to comply with existing Pennsylvania or
Township health, sanitary or safety code specifications which are
necessary solely to assure safe living conditions.
B.
Expansion, Modification and Enlargement.
(1)
A nonconforming use or structure may not be expanded or modified
in any manner which would:
(a)
Increase or aggravate flooding or flood hazards.
(b)
Causes it to occupy more ground area within the FP District
than was occupied by it on the effective date of this section.
(c)
No expansion or enlargement of an existing structure shall be
allowed within any flood way area that would cause any increase in
the elevation of the base flood.
(d)
No expansion or enlargement of an existing structure shall be
allowed within any floodplain area outside of the floodway that would,
together with all other existing and anticipated development, cause
any increase in the BFE.
(e)
Any modification, expansion or enlargement 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 section.
(f)
Any modification, expansion or enlargement 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 flood proofed to the greatest
extent possible to a maximum cost of 15% of a construction cost basis.
The construction cost basis shall be calculated based on the cost
of construction to make the proposed improvements excluding the cost
to elevate and/or floodproof. Applicant shall provide documentation
of the construction cost basis as required, which the Township may
have reviewed by a qualified architect or engineer. The value of self-performed
work will be assessed on material and, as applicable, equipment rental
cost only.
(g)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
(h)
Any modification, alteration, expansion or enlargement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
C.
Replacement and Rebuilding.
(1)
A nonconforming use or structure may be replaced, repaired or
rebuilt if it is damaged or destroyed by any means, including floods,
to the extent of less than 50% of its fair market value at the time
of its damage or destruction. In such a case, however, the nonconformity
of the new use or structure with respect to requirements as expressed
in provisions of this chapter shall not exceed that of the original
use or structure which was damaged or destroyed. Nothing shall be
done which would otherwise violate any of the provisions of this section.
(2)
A nonconforming use or structure which has been damaged or destroyed
by any means, including floods, to the extent of 50% or more of its
fair market value at the time of its damage or destruction may not
be replaced, restored, repaired, reconstructed, improved, or rebuilt
in any way other than in complete conformity and full compliance with
this section, and all other ordinances of the Township.
(3)
The Zoning Hearing Board may waive, as a variance, the requirements
of this section where it is shown that such requirements could not
be met on land owned by the appellant or where such requirements would
impose undue hardship to the appellant in the efficient operation
of the premises. In such a case, the Zoning Hearing Board shall be
authorized to grant only the minimum relief necessary, and the least
modification possible of the purposes and intents of this section.
(4)
The Zoning Officer shall have the initial responsibility of
determining the percent of damage or destruction and the fair market
value of the damaged or destroyed use or structure at the time of
its damage or destruction, and may call on any experts or authorities
he may deem necessary to assist him in arriving at a fair and impartial
determination. Appeals of the decision of the Zoning Officer may be
made to the Zoning Hearing Board.
D.
Historical Structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of Subsection 12D and Subsection 13 for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks, and the provisions of Subsection 10 shall be applied in such a case. Any exemption from section requirements will be the minimum necessary to preserve the historic character and design of the structure.
13.
Technical Provisions.
A.
General.
(1)
Applicability. If two provisions of Township regulations address
the same matter, the provision that is more restrictive upon development
shall apply.
(2)
Alteration or Relocation of Watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection.
(b)
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.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse within the FP District overlay defined
by the FEMA Flood Insurance Rate Map.
(3)
When a community or applicant proposes to permit the following
encroachments:
(a)
Any development that causes a rise in the base flood elevations
within the floodway.
(b)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(c)
The applicant shall (as per 44 CFR Part 65.12):
1)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
2)
Upon receipt of the administrator's conditional approval
of map change and prior to approving the proposed encroachments, the
applicant shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
3)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR Part 67.
(4)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this chapter and any other
applicable codes, ordinances and regulations.
(5)
Within any identified floodplain area, no new construction or
development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection.
(6)
All new construction and substantial improvement shall be constructed
with materials and utility equipment resistant to flood damage, and
shall be constructed by methods and practices that minimize flood
damage.
B.
All subdivision proposals and land development proposals in identified
floodplain areas where base flood elevation data are not available
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a Conditional Letter of Map Revision
or Letter of Map Revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
C.
Elevation and Floodproofing Requirements.
(1)
Residential Structures.
(a)
In an AE Zone without floodway, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the RFE.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the RFE based on a BFE determined in accordance with Subsection 8 of this section.
(c)
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 — 405, as amended, shall be
utilized.
(2)
Manufactured Homes.
(a)
Where existing manufactured homes are located within identified
floodplain areas, all manufactured homes replaced, rebuilt, or otherwise
substantially improved, shall be:
(b)
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 and 34
Pa. Code, Chapters 401 — 405.
(c)
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 applicable to units
where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
(3)
Nonresidential Structures.
(a)
In Zone AE without floodway, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the RFE, or be designed
and constructed so that the space enclosed below the RFE:
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the RFE based on a BFE determined in accordance with Subsection 8 of this section.
(c)
Any nonresidential structure, or part thereof, made watertight
below the RFE shall be floodproofed in accordance with the WI or W2
space classification standards contained in the publication entitled
"Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers
(June 1972, as amended March 1992) or with some 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.
(d)
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 — 405, as amended, shall be
utilized.
(4)
Space below the Lowest Floor.
(a)
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 flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term "fully enclosed space" also includes crawl spaces.
(b)
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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
D.
Design and Construction Standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes, are submitted to, and
approved by, the Floodplain Administrator.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure 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.
(3)
Water and Sanitary Sewer Facilities and Systems.
(a)
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 flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area 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.
(d)
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.
(4)
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.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the RFE.
(6)
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 9B, "Prohibited Uses," shall be stored at or above the RFE plus 1 1/2 feet of additional freeboard, a total of three feet above the BFE, or floodproofed to the maximum extent possible.
(7)
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 elevation of flood water. Whenever possible,
structures shall be constructed with the longitudinal axis parallel
to the direction of flood flow, and, so far as is practicable, structures
shall be placed approximately on the same flood flow lines as those
of nearby structures.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the RFE shall be securely anchored
or affixed to prevent flotation.
(9)
Floors, Walls and Ceilings.
(a)
Wood flooring used at or below the RFE shall be installed to
accommodate a lateral expansion of the flooring, perpendicular to
the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the RFE shall be of a "marine" or "water-resistant"
variety.
(c)
Walls and ceilings at or below the RFE shall be designed and
constructed of materials that are "water-resistant" and will withstand
inundation.
(d)
Windows, doors, and other components at or below the RFE shall
be made of metal or other "water-resistant" material.
(10)
Paints and Adhesives.
(a)
Paints and other finishes used at or below the RFE shall be
of "marine" or "water-resistant" quality.
(b)
Adhesives used at or below the RFE shall be of a "marine" or
"water-resistant" variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the RFE shall be finished with a "marine" or "water-resistant"
paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the RFE.
(13)
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.
(14)
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 section, to the extent that they are more
restrictive and supplement the requirements of this section.
|
International Building Code (IBC) 2009 or the latest edition
thereof- §§ 801, 1202, 1403, 1603, 1605, 1612, 3402,
and Appendix G.
|
|
International Residential Building Code (IRC) 2009 or the latest
edition thereof-§§ R104, R105, R109, R323, Appendix
AE101, Appendix E and Appendix J.
|
[Ord. 125, 7/18/2007, § 505]
1.
No principal or accessory use, or operations or activities on its
lot, shall generate a sound level exceeding the limits established
in the table below, when measured at the specified locations:
|
Sound Level Limits by Receiving Land Use/District
| |||
|---|---|---|---|
|
Land Use or Zoning District Receiving the Noise
|
Hours/Days
|
Maximum Sound Level
(dBA)
| |
|
A.
|
At a lot line of a residential use in a residential district
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Years Day, Labor Day and Memorial Day
|
62
|
|
9:00 p.m. to 7:00 a.m. plus all of the following days: Sundays,
Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial
Day
|
55
| ||
|
B.
|
Lot line of a principal residential use that is not in a residential
district
|
Same as above
|
65
|
|
Same as above
|
62
| ||
|
C.
|
Any lot line other than A or B
|
All times and days
|
70
|
|
NOTE: "dBA" means "A" weighted decibel.
|
2.
The maximum permissible sound level limits set forth in the above
table shall not apply to any of the following noise sources:
A.
Sound needed to alert people about an emergency.
B.
Repair or installation of utilities or construction of structures,
sidewalks or streets between the hours of 6:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
C.
Lawnmowers, snowblowers, leaf blowers, and household power tools
between the hours of 6:00 a.m. and 9:00 p.m.
D.
Agricultural activities, livestock and other animals.
E.
Public celebrations specifically authorized by the Township Supervisors
or a county, state or federal government agency or body.
F.
Unamplified human voices.
G.
Routine ringing of bells and chimes by a place of worship or municipal
clock.
H.
Vehicles lawfully operating on or off a street, railroads and aircraft.
I.
Noises that continue for less than 15 total minutes per day.
[Ord. 125, 7/18/2007, § 506]
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
This provision shall not apply to normal farming activities that are
exempted under the Pennsylvania Right to Farm Act, 3 P.S. § 951
et seq.
[Ord. 125, 7/18/2007, § 507]
1.
This section shall only regulate exterior lighting that spills across
lot lines or onto public streets.
A.
Street Lighting Exempted. This section shall not apply to: (1) streetlighting
that is owned, financed or maintained by the Township or the state,
or (2) an individual porch light of a dwelling (not including a spot
light).
B.
Height of Lights. No luminaire, spotlight or other light source that
is within 200 feet of a lot line of an existing dwelling or approved
residential lot shall be placed at a height exceeding 35 feet above
the average surrounding ground level. This limitation shall not apply
to lights needed for air safety nor lights intended solely to illuminate
an architectural feature of a building, nor lighting of outdoor public
recreation facilities or a ski resort.
C.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
D.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings, and to prevent the lighting from shining into the eyes
of passing motorists.
E.
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25 and January
10.
F.
Spillover. Exterior lighting on an institutional, commercial or industrial
property shall not cause a spillover of light onto a residential lot
that exceeds 0.5 horizontal foot-candle at a distance 10 feet inside
the residential lot line.
G.
Gasoline Sales Canopies. Any canopy over gasoline pumps shall have
light fixtures recessed into the canopy or screened by an extension
around the bottom of the canopy so that lighting elements are not
visible from another lot or street.
H.
Horizontal Surface Lighting. For the lighting of predominantly horizontal
surfaces such as, but not limited to, parking areas, streets, driveways,
pedestrian walkways, outdoor sales and storage areas, vehicle fueling
facilities, vehicle sales areas, loading docks, recreational areas,
and building entrances, fixtures shall be aimed downward.
I.
Nonhorizontal Lighting. For lighting of predominantly nonhorizontal
surfaces such as, but not limited to, facades, signs, and displays,
fixtures shall be fully shielded and shall be installed and aimed
so as to not project their output into the windows of neighboring
residences, adjacent uses, past the object being illuminated, skyward
or onto a public roadway.
(1)
However, lighting shall be allowed onto the United States flag
from dusk to dawn, provided the light source shall have a beam spread
no greater than necessary to illuminate the flag.
