[Amended 8-21-2017 by Ord. No. 179]
A. The Legislature
of the Commonwealth. of Pennsylvania has, by the passage of the Pennsylvania
Flood Plain Management Act of 1978, delegated the responsibility to
local governmental units to adopt floodplain management regulations
to promote public health, safety, and the general welfare of its citizenry.
Therefore, the West Vincent Township Board of Supervisors does hereby
order and establish the provisions set forth in this article.
B. In addition to the general goals listed in the statements of §
390-3, Purpose, and §
390-4, Community development objectives, it is the purpose of this district to:
(1) Promote the general health, welfare and safety of the community.
(2) Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3) Minimize danger to public health by protecting water supply and natural
drainage.
(4) Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5) Comply with federal and state floodplain management requests.
These provisions shall apply to all lands within the jurisdiction
of the Township of West Vincent and shown as being located within
the boundaries of any identified floodplain conservation district,
which are considered as a part of the Official Zoning Map.
[Amended 8-21-2017 by Ord. No. 179]
The identified floodplain area shall be those areas of the Township
of West Vincent, Chester County, which are subject to the one-hundred-year
flood, as identified in the Chester County Flood Insurance Study (FIS),
dated September 29, 2017, and the accompanying maps as prepared by
the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
The identified floodplain area shall consist of the following
specific areas:
A. FW (Floodway Area). The areas identified as "Floodway" in the AE
Zone in the Flood Insurance Study prepared by the FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
B. FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
C. FE (Special Floodplain Area). 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.
D. FA (General Floodplain Area). The areas identified as Zone A in the
FIS, for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question. In lieu of the above,
and at the discretion of the Board of Supervisors, 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, and any other information shall be submitted
in sufficient detail to allow a thorough technical review by the Township
Engineer.
The identified floodplain area may be revised or modified by
the Board of Supervisors where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from
the Federal Insurance Administration (FIA).
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Zoning Officer,
and any party aggrieved by his or her decision may appeal to the Zoning
Hearing Board. The burden of proof shall be on the appellant.
The Floodplain Conservation District shall be an overlay to
the existing underlying districts, as shown on the Official Zoning
Map of the Township. For the purpose of this article, the underlying
base zoning district shall be designated RC Rural Conservation. If
this article should be declared inappropriate to any tract by reason
of amendment, special exception, variance or any other order of the
Board of Supervisors, Zoning Hearing Board or court of competent jurisdiction,
the base zoning provisions applicable to such tract shall be deemed
the governing provisions and shall be enforced independent of this
article.
A structure or use of a structure or premises located within
the Floodplain Conservation District, which lawfully existed before
the enactment of these provisions, but which is not in compliance
with these provisions, may be continued subject to the following conditions:
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.
B. No expansion or enlargement of an existing structure shall be allowed
within any FE area that would, together with all other existing and
anticipated development, increase the base flood elevation more than
one foot at any point.
C. Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of less than
50% of its market value shall be elevated and/or floodproofed 1.5
feet above the base flood elevation to the greatest extent possible.
D. 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 prohibited.
E. 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 chapter, unless
this provision constitutes a taking of the structure or property.
F. The requirements of 34 Pa. Code Chapters 401 to 405, as amended,
and the 2003 IRC (Secs. R102.7.1, R105.3.1, R105.3.1.1 and Appendixes
E and J), or the latest revision thereof, and the 2003 IBC (Secs.
101.3, 3403.1 and Appendix G), or the latest revision thereof, shall
also be utilized in conjunction with the provisions of this section.
This article supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that these provisions are more restrictive.