[Added 6-12-2018 by Ord.
No. 2018-03]
It shall be a violation of this chapter to regrade, fill, pipe,
divert, channel, build upon, or otherwise alter or disturb a natural
resource protected by this chapter prior to the submission, review,
and approval of any applicable application for a zoning or building
permit.
[Added 8-8-2017 by Ord.
No. 2017-05[1]]
A.
General provisions.
(1)
Intent. The intent of this article is 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)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability. 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 identified floodplain
area of West Bradford Township unless a permit has been obtained from
the Floodplain Administrator.
(3)
Abrogation and greater restrictions. 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 those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on accepted 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 any identified floodplain areas,
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 West
Bradford 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.
B.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The Township Zoning Officer is hereby appointed to administer
and enforce this article and is referred to herein as the "Floodplain
Administrator." The Floodplain Administrator may:
[1]
Fulfill the duties and responsibilities set forth in these regulations;
[2]
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
[3]
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
(b)
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.
(c)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Township
Manager.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of the West Bradford Township.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
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.
(b)
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);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] 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.
(c)
In the case of existing structures, prior to the issuance of
any development/ permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the preimprovement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(d)
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.
(e)
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 article.
(f)
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.
(g)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this article, including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(h)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
(i)
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 the floodplain ordinance as the floodplain administrator/manager.
(j)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof, as adopted by the Commonwealth of Pennsylvania.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by West Bradford Township.
Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction
is to occur.
[3]
Name and address of contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including
a breakout of 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 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:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[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;
and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and 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; and
[e]
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.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988;
[b]
The elevation of the base flood;
[c]
Supplemental information as may be necessary under
34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania;
[d]
The following data and documentation:
[i]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[ii]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[iii]
Documentation, certified by a registered professional
engineer or architect, to show that the effect of any proposed development
within a floodway area will not increase the base flood elevation
at any point.
[iv]
Documentation, certified by a registered professional
engineer or architect, to show that the cumulative effect of any proposed
development within an AE Area/District without floodway when combined
with all other existing and anticipated development, will not increase
the base flood elevation more than one foot at any point within the
community.
[v]
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.
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.
[vi]
Detailed information needed to determine compliance
with subsequent sections of this article regarding storage, and development
which may endanger human life, including:
[A]
The amount, location and purpose of any materials
or substances referred to such sections 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 during a base flood.
[C]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development.
[D]
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.
(d)
Applications for permits shall be accompanied by a fee, payable
to the Township based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
(6)
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. Requests for any such change shall be in writing, and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
(7)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, 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.
(8)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also 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 issuance
of development permit does not refer to the zoning approval.
(b)
The actual start of construction 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.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who 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.
(9)
Enforcement, administration and penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the municipality shall be subject to the administrative and enforcement provisions of Articles XIII and XIV of the Zoning Ordinance. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the Board to be a public nuisance and abatable as such.
(10)
Appeals.
(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.
C.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be any areas of West Bradford
Township, classified as special flood hazard areas (SFHAs) in the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs) dated September 29, 2017, 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 above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by West Bradford Township and declared
to be a part of the Zoning Ordinance.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The floodway area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[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
shall be allowed, unless the appropriate permit is obtained from the
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 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]
AE Area without 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 but no floodway has been
determined.
[a]
No encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
in an AE Zone without floodway, unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed development, together with
all other existing and anticipated development, would not result in
an increase in flood levels of more than one foot within the entire
community during the occurrence of the base flood discharge.
[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
Department of Environmental Protection regional office.
(c)
The A Area/District shall be those 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
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(d)
The AO and AH Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the HS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
(e)
In lieu of the above methods, 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 municipality. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(3)
Changes in identification 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 identified
floodplain 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, a community shall notify FEMA
of the changes to the identified floodplain area by submitting technical
or scientific data.
(4)
Boundary disputes.
(a)
Should a dispute concerning any identified floodplain area boundary
arise, an initial determination shall be made by the Floodplain Administrator,
with input from the Township Engineer, 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.
(b)
With regard to fees for processing disputes to the identified
floodplain area boundary, the applicant shall pay all fees for processing
applications, FEMA costs, all engineering costs, and shall reimburse
the Township for all reviews and reports prepared by the Township
Engineer in reviewing the dispute to the flood hazard district boundary.
(5)
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.
D.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of 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 first been obtained
from the 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)
When West Bradford Township proposes to permit the following
encroachments: any development that causes a rise in the base flood
elevations within the floodway; or any development occurring in Zones
Al-30 and Zone AE without a designated floodway, which will cause
a rise of more than one foot in the base flood elevation; or alteration
or relocation of a stream (including but not limited to installing
culverts and bridges), 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 FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, the
Township 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.
(c)
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 article and any other
applicable codes, ordinances and regulations.
(d)
Permitted uses. The following uses, and no others, shall be
permitted within the identified floodplain area to the extent that
they are not prohibited by any other section of this article, and
provided that they do not require structure, fill or storage of materials
or equipment.
[1]
Agriculture uses, excluding structures, such as farming, cultivation
and harvesting of crops according to recognized soil conservation
practices which shall in no case cause alluvial deposits to build
up in watercourses or cause undue erosion to the flood hazard district.
[2]
Pasture and grazing land, excluding structures.
[3]
Outdoor plant nursery or orchard, excluding structures.
[4]
Forestry, lumbering and reforestation, according to recognized
soil conservation practices, excluding storage and mill structures.
[5]
Recreation uses, such as park, day camp, picnic grounds, tent
camping, golf course, hiking and riding trails, hunting, fishing and
swimming areas, excluding structures with the exception of anchored
picnic tables.
[6]
Game farm and fish hatchery, excluding structures.
[7]
Wildlife sanctuary, woodland or nature preserves and arboretum,
excluding structures.
(e)
Special exception uses. The following special exception uses
shall be permitted in the identified floodplain area only when authorized
by special exception as granted by the Zoning Hearing Board.
[1]
As an area comprising no more than 1/4 of the required minimum
lot area for any lot contiguous to the identified floodplain area,
provided that no building or structure and no sanitary drainage field
shall be placed within the identified floodplain area. Inclusion of
identified floodplain area land within the lots in order to meet minimum
lot area or yard requirements is contingent upon complying with the
objectives and standards set forth in the specific intent of this
article and with any other pertinent municipal regulation. If such
compliance cannot be shown, the land area within the identified floodplain
area shall not be calculated for purposes of determining lot areas
or yard requirements.
[2]
Roads and parking areas to serve other permitted uses in the
identified floodplain area or where required by the regulations for
any contiguous district.
[3]
Utility transmission lines.
[4]
Storm and sanitary sewers and sewage pumping stations.
[5]
Sealed water supply wells and water pipelines.
[6]
Dams, culverts, bridges and impoundment basins approved by the
Commonwealth of Pennsylvania Department of Environmental Protection
and the Natural Resources Conservation Service of the United States
Department of Agriculture and any other governmental agency having
regulatory or advisory jurisdiction over the watershed in question.
[7]
Grading, provided that the effect is not to alter the effective
cross-sectional profile of the stream basin, including the floodplain,
at the point of the proposed use, provided that a detailed engineering
study shall accompany any application for a special exception on this
ground and must be approved by the Commonwealth of Pennsylvania Department
of Environmental Protection, the Natural Resources Conservation Service
of the United States Department of Agriculture and any other governmental
agency having regulatory or advisory jurisdiction.
(2)
Elevation and floodproofing requirements. Within any identified floodplain
area, any new construction or substantial improvements shall be prohibited
unless allowed as a permitted use, by special exception or by variance.
For any such allowed new construction or substantial improvements
in the identified floodplain area, the following provisions apply:
(a)
Residential structures.
[1]
In AE, Al-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
[2]
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 regulatory flood elevation determined in accordance with this
article.
[3]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
[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 latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters
401-405 as amended) shall be utilized, where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, Al-30 and AH 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 A Zones, 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 this article.
[3]
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
[4]
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 "Flood-Proofing Regulations" published by the
United States 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. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
[5]
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[a]
An inspection and maintenance plan detailing the
annual maintenance of floodproofed components ensuring that all components
will operate properly under flood conditions. Components that must
be inspected include at a minimum:
[b]
Flood emergency operation plan detailing the procedures
to be followed during a flooding event, and must include information
pertaining to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
[i]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[ii]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[iii]
A list of specific duties assigned to ensure
that all responsibilities are addressed expeditiously. The locations
of materials necessary to properly install all floodproofing components
must be included in the list.
[iv]
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[v]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
[6]
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 latest revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405 as amended) shall be utilized, where they are more
restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (including basements)
is prohibited.
[2]
Partially 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.
[3]
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]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space installed on two separate walls.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Historic structures. 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 ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. Within any identified floodplain area the use of fill
shall be prohibited. If a variance is obtained in accordance with
required criteria, then the following provisions apply:
[1]
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; and
[e]
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 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.
(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 waste disposal 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.
[4]
The design and construction provisions of the UCC and FEMA No.
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 the subsequent section entitled "Development
which may endanger human life," shall be stored at or above the regulatory
flood elevation 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.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(l)
Equipment.
[1]
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 and shall
be anchored to resist floatation, collapse, and lateral movement.
[2]
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(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.
[1]
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 supplement
the requirements of this article.
[2]
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sect. 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[3]
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Secs.
R104, R105, R109, R322, Appendix E, and Appendix J.
(4)
Development which may endanger human life. Within any identified
floodplain area, any structure of the kind described in the subsection
below shall be prohibited:
(a)
In accordance with the Pennsylvania Flood Plain Management Act,[6] 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 prohibited. 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]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(5)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, 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 (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area, manufactured homes shall
be prohibited. If a variance is obtained in accordance with required
criteria, then the following provisions apply:
(b)
Within any identified floodplain area, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(c)
Where permitted by variance within any identified floodplain
area, all manufactured homes, and any improvements thereto, shall
be:
(d)
Equipment requirement.
[1]
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 and shall
be anchored to resist floatation, collapse, and lateral improvement.
[2]
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(e)
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 United States Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing, 1984
Edition, draft or latest revision thereto and 34 Pa. Code Chapter
401 through 405 shall apply.
(f)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the latest revision thereto as
adopted by the Commonwealth of Pennsylvania, 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 unit(s) installation.
(7)
Special requirements for recreational vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. However,
if a variance is obtained in accordance with required criteria, then
the following provisions apply:
E.
Prohibited activities.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any
identified floodplain area:
(b)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
F.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this article do not require
any changes or improvements to be made to lawfully existing structures.
However, when an improvement is made to any existing structure, the
following provisions shall apply to such improvements.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area/district that would cause any increase
in BFE.
(b)
No expansion or enlargement of an existing structure, shall
be allowed within an AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE 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 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.
(d)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most
recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(e)
Within any floodway area/district, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(f)
Within any AB Area/District without 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 Department of Environmental Protection regional
office.
(g)
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.
G.
Variances.
(1)
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer or landowner, the West Bradford Township Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the West Bradford Township Zoning Hearing Board in accordance with the procedures contained in Article XIV of the Zoning Ordinance, and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any AB Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
as prohibited activities or to development which may endanger human
life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, the West Bradford Township 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 article.
(g)
In reviewing any request for a variance, the West Bradford Township
Zoning Hearing Board shall consider, at a minimum, the following:
(h)
A complete record of all variance requests and related actions
shall be maintained by the West Bradford Township Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
(3)
Notwithstanding
any of the above, however, all structures shall be designed and constructed
so as to have the capability of resisting the one-percent annual chance
flood.
H.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this article shall be interpreted so as to give this article its
most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
SPECIAL PERMIT
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific 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 one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent 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, Al-I, Al-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.
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 form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
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).
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.
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 the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
An umbrella term that includes all of the areas within which
the community has selected to enforce floodplain regulations. It will
always include the area identified as the special flood hazard area
on the Flood Insurance Rate Maps and Flood Insurance Study, but may
include additional areas identified by the community.
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 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.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
section and includes any subsequent improvements to such structures.
Any construction started after July 16, 1981, and before the effective
start date of this floodplain management 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.
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.
Is a structure for which construction or substantial improvement
occurred after December 31, 1974 or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated July 16, 1981, whichever is
later, 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 on or before December 31, 1974 or before the community's
initial Flood Insurance Rate Map (FIRM) dated July 16, 1981, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks/ subdivisions and substantial
improvements to such existing parks, when such development is located
in all, or a designated portion of a floodplain.
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, Al A30, AE, Ac99, 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 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.
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, 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 cumulative substantial damage 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.
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.
[1]
Editor's Note: This ordinance also repealed former § 450-59,
Flood hazard overlay district, as amended, and amended the title of
this article, which was formerly Natural Resources Overlay District.
[Amended 9-10-2013 by Ord. No. 2013-04; 6-12-2018 by Ord. No. 2018-03]
A.
Findings of fact.
(1)
Within certain developments, density provisions have been met by
setting aside certain land as open space. In some instances, that
land has been designated as either dedicated or nondedicated open
space or area.
(2)
Within certain developments, certain areas have been reserved or
used for stormwater management to minimize the effect of stormwater
from impervious areas created by the development.
(3)
Within certain developments, certain areas have been reserved from
building lots in order to preserve natural features, such as but not
limited to, steeply sloped areas, wetlands, flood hazard areas and
forested areas.
(4)
Within certain developments, land has been preserved to allow for
development in other areas.
(5)
Within certain developments, portions of the tract have been reserved
to promote land conservation, protect viewsheds and provide for protection
of other environmentally sensitive and important areas; in doing this,
these areas have remained open and undeveloped.
B.
Intended purpose. It is the purpose of this section to promote the
public health, safety and general welfare and to prevent overuse of
certain land areas, minimize stormwater runoff and degradation of
environmentally sensitive areas, preserve viewsheds and to prevent
the erection of buildings and other structures which have been deemed
inappropriate through prior reservation of land areas as described
hereinabove. In furthering that purpose, the specific intent of this
section is:
(1)
To regulate or prevent the erection of buildings and other structures
in order to protect environmentally sensitive areas, protect viewsheds;
prevent the accumulation of additional stormwater drainage, unsanitary
drainage conditions and related hazards.
(2)
To protect public health by preventing overburdening of streams and
stormwater collection systems and causing the failure of existing
stormwater management systems and areas.
(3)
To protect the public from overuse of areas previously determined
by action of the Board of Supervisors to be worthy of protection and
necessary for the overall reasonable development of the community;
to preserve property values and prevent blight.
C.
Open space areas within the Township are described and defined as:
(1)
Any area not used for building lots in a subdivision wherein the
lot size, layout and density of the developed area is determined by
providing open areas instead of providing larger lot area. These areas
may be designated as dedicated or nondedicated open space.
(2)
Any area not part of a building lot in a subdivision that has or
is being utilized for stormwater management purposes.
(3)
Any area or lot that has, through a subdivision process, been reserved
for limited use and/or limited number of dwellings units. These areas
would have, as specified in the subdivision documents and created
by the subdivision or land development process, an easement or other
documentation to provide notice to others that the property has reservations
on its use, which reservations may also include a conservation easement
in favor of a named conservation organization. The area could also
be restricted by language in the deed styled as a deed restriction
against further subdivision and/or limiting the use. This may sometimes
be referred to as a "conservation lot."
(4)
Any area that has been set aside within a lot area through the subdivision
process that is shown on the plan to be restricted open space or otherwise
shown as open space or beyond the limits of disturbance.
(5)
Any area that is within a cul-de-sac bulb and not part of a building
lot.
D.
Compliance. No structure shall be located within this area, and no
land shall be used without full compliance with the terms of this
section and other applicable regulations. The permitted uses herein
shall not be in addition to any regulations or restrictions created
by subdivision or land development approval. If any lands are determined
to not be regulated by this section, the land shall be deemed to continue
under the uses, privileges and restrictions enumerated in the applicable
zoning district.
E.
Uses and structures. Within open space areas, all uses not allowed
as permitted uses (as set forth below) shall be prohibited.
(1)
Permitted uses. The following uses and no others shall be permitted
within the open space areas to the extent they are not prohibited
elsewhere in this chapter:
(a)
Agriculture uses such as farming, cultivation and harvesting
of crops, except if prohibited in the principal district on which
the overlay district extends, according to recognized soil conservation
practices and good farming practice to prevent the overgrazing of
pasture and/or the erosion of soil and to benefit the proper management
of stormwater on the site.
(b)
Outdoor plant nursery or orchard, when a proper management process
is used to control erosion and contamination from herbicides and pesticides.
(c)
Wildlife sanctuary, woodland or nature preserve and arboretum,
excluding structures.
(d)
Recreation uses, such as park, picnic grounds, tent camping,
golf course, hiking and biking trails, hunting, fishing and swimming
areas, excluding aboveground structures with the exception of picnic
tables and open-sided pavilions not exceeding 400 square feet in roof
area.
(f)
Land application of treated wastewater or partially treated
wastewater when the final renovation of the wastewater is a natural
biological process — when part of a municipal wastewater
system when operated by West Bradford Township or an authority created
by it.
(g)
Dwelling(s) and other structures, when specifically allowed
through an easement document and when allowed by the underlying district;
however, this permitted use shall not apply to all property in the
district, only as noted herein.
(h)
Municipal uses.
(i)
Stormwater management facilities.
(j)
Underground utilities such as gas pipelines, sanitary sewer,
public water, telecommunications and stormwater.
(2)
Conditional uses. Land application of treated wastewater or partially
treated wastewater when the final renovation of the treatment is a
natural biological process, when operated by other than a municipal
system.
F.
Maps and delineation of open space areas. Open space areas may be
shown on certain maps created and provided by the Township. All open
space areas, as defined and described in this chapter and as depicted
on final, recorded plans which have been approved by the Township,
shall be regulated by this chapter regardless of whether or not they
are shown on Township maps.
[Added 6-12-2018 by Ord.
No. 2018-03]
A.
Findings of fact.
(1)
Wetlands are transition zones where the flow of water, the cycling
of nutrients, and the energy of the sun meet to produce a unique ecosystem
characterized by hydrology, soils, and vegetation. A wetland may not
be wet year-round; in fact, some of the most important are only seasonally
wet.
(2)
Wetlands provide unique and increasingly rare habitat for plants
and animals. Wetlands help to absorb and slow floodwaters, and absorb
excess nutrients, sediment, and other pollutants before they reach
rivers, lakes, and other water bodies.
(3)
Wetlands have environmental and education value for all Township
residents and visitors.
B.
Intended purpose. It is the purpose of this section to promote the
general health, safety and welfare, and to minimize the loss of wetlands
within the Township for the value they bring to the Township, as described
above in the findings of fact. In furthering that purpose, the specific
intent of this section is:
(1)
To protect wetlands in the Township from disturbance, environmental
contamination, or loss.
(2)
To require applicants to accurately delineate wetlands and to
inform the Township of the existence of wetlands on a site proposed
for future development.
(3)
To inform property owners and developers of possible permit
and approval requirements of the United States Army Corps of Engineers
and/or the Pennsylvania Department of Environmental Protection when
wetlands are present and to inform the Township, for coordination
purposes, of such permitting and approval processes.
(4)
To integrate with floodplain, steeply sloped area, forested
riparian buffer, and woodland protection ordinance provisions as well
as other ordinance requirements contained herein that regulate environmentally
sensitive areas to minimize hazards to life and property.
(5)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil runoff into creeks, streams, and rivers due to disturbance
or loss of wetlands in the Township.
C.
Compliance. Wetlands shall not be regraded, filled, piped, diverted,
channeled, built upon, or otherwise altered, including for purposes
of access or utility crossings, unless all applicable permits have
been obtained from the required governmental entity and a copy thereof
submitted to the Township.
D.
Any applicant proposing a use, activity, or improvement which would
entail the regrading or placement of fill in wetlands shall provide
the Township with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Waterway Safety and Bureau of Water
Quality Management) and the United States Army Corps of Engineers
have been contacted to determine the applicability (jurisdiction)
of state and federal wetland regulations. Any applicant contacted
by the Pennsylvania Department of Environmental Protection or the
United States Army Corps of Engineers in regard to wetlands also shall
concurrently provide to the Township a copy of such correspondence.
Where any applicant alleges that a jurisdictional determination is
not required or fails to seek such determination, the Township may
nevertheless require the submission of a graphic and narrative wetlands
delineation report, consistent with the submission requirements otherwise
necessary for submission to federal and state agencies for jurisdictional
determination.
E.
Where permitted subject to applicable regulation and as otherwise
provided herein, sewers or other liquid transport pipelines shall
only be permitted to cross wetlands on the minimum traversal distance
and where every precaution shall be taken to prevent leaks and to
prevent any possible draining of the wetland (e.g., water flowing
through or along any pipe or trench). At the expense of the applicant,
the Township may require periodic inspection of applicable systems
and facilities, including, but not limited to, x-ray of steel welds
and pressure-testing of pipelines.
F.
Where a jurisdictional determination or full wetland delineation
report is required to comply with state or federal regulations, the
applicant shall provide the Township with a full wetland delineation
report conducted by a qualified wetland biologist, soil scientist,
or environmental professional of demonstrated qualifications, and
subject to the following additional requirements/certifications:
(1)
The Township may hire a qualified consultant to review the delineation
and recommend revisions at the applicant's expense;
(2)
The applicant's hired professional generating the delineation
report shall certify that the methods used correctly reflect the currently
accepted technical concepts, including identification and analysis
of wetland vegetation, hydric soils, and hydrologic indicators. Methods
used in the delineation report shall be acceptable to the Township
Engineer or other qualified consultant hired by the Township; and
(3)
The wetland report submitted to the Township shall include a
determination of whether wetlands are present on the site and a full
delineation, area measurement (in square feet), and description of
any wetlands determined to be present.
[Added 6-12-2018 by Ord.
No. 2018-03]
A.
Findings of fact.
(1)
Riparian buffers, particularly forested buffers, prevent stream
bank erosion; protect natural stream morphology (i.e., broad meanders
with maximum stream bottom habitat); remove excess nitrogen, phosphorus
and sediment from surface water runoff; reduce downstream flooding;
provide thermal protection to adjoining streams, wetlands, and water
bodies; provide food and habitat for wildlife; provide food and habitat
for fish and amphibians; form corridors for habitat conservation and
greenways; and protect associated wetlands.
(2)
Forested riparian buffers in headwaters (first-order streams)
generate high levels of organic inputs directly from land to water,
which in turn maximize in-stream processing functions that provide
the "fuel" needed for downstream energy and nutrient processing.
(3)
The Township is committed to improving the water quality of
its streams, creeks, rivers, and other water bodies and is required
by the Federal Environmental Protection Agency and the Pennsylvania
Department of Environmental Protection to have a plan for improving
water quality and to implement that plan in a timely manner.
B.
Intended purpose. It is the purpose of this section to promote the
public health, safety and general welfare and to minimize impacts
to forested riparian resources. In furthering that purpose, the specific
intent of this section is:
(1)
To conserve, protect, and restore natural riparian resources
through scientifically supported processes.
(2)
To maintain and improve surface water quality by reducing the
entry of detrimental substances, including nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, and surface and subsurface water bodies.
(3)
To reduce the entry of detrimental substances by restricting
development and uses in riparian areas that intercept surface water
runoff, wastewater, subsurface flow and deep groundwater flows from
upland sources and where the processes of filtration, deposition,
absorption, adsorption, plant uptake, sediment and phosphorus attenuation,
denitrification and infiltration may occur; encouraging sheet flow
and minimizing, mitigating and preventing concentrated flows of stormwater
runoff across riparian areas; and securing increased channel and bank
stabilization that avoids stream bank erosion and associated water
quality, quantity and flow harms.
(4)
To reduce adverse aquatic health impacts due to changes in the
temperature of receiving waters (both temperature increases and temperature
decreases) as a result of stormwater runoff, loss of vegetation shading
and direct discharges to water bodies.
(5)
To enhance in-stream processing of nutrients and pollutants
such as pesticides and reduce the downstream movement of pollutants,
including a reduction in flooding and reduction of soil loss.
(6)
To improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
(7)
To provide wildlife habitat, protect native plant species, and
provide opportunities for passive recreation and conserve scenic and
recreation areas within and adjacent to riparian areas.
(8)
To conserve headwater areas, groundwater recharge zones, floodways,
floodplains, springs, seeps, streams, wetlands, woodlands, prime wildlife
habitats and other features that provide recreational value or contain
natural amenities, whether on developed or undeveloped land.
(9)
To integrate with floodplain, steep slope, wetland, and woodland
protection ordinance provisions as well as other ordinance requirements
contained herein that regulate environmentally sensitive areas to
minimize hazards to life, property and the environment.
(10)
To regulate the use, siting, engineering and maintenance of
all development to be consistent with the purposes and intent of this
section and accepted conservation easement practices and to work with
the carrying capacity of existing natural resources.
(11)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil runoff into creeks, streams, and rivers due to disturbance
or loss of forested riparian resources in the Township.
C.
Riparian buffer delineation. The riparian buffer area shall extend
a minimum total width of 100 feet from the edge of a water body and
is further delineated as follows:
(1)
The riparian buffer area will begin at each edge of a water
body and shall extend landward a minimum width of 100 feet, measured
horizontally on a line perpendicular to the nearest edge of the water
body, as reviewed and approved by the Township Engineer.
(2)
There shall be a reduced buffer width for isolated wetlands
and water bodies. Wetlands and water bodies not located along a watercourse,
where the wetland or water body is greater than 5,000 square feet
in area, shall have a minimum buffer width of 50 feet, measured from
the edge of the wetland or water body around the entire perimeter.
(3)
The applicant shall delineate, for the property as a whole,
the riparian buffer areas on any plan that is submitted as part of
a subdivision and/or land development process.
D.
Uses permitted and uses expressly prohibited in riparian buffer areas.
(1)
The following uses or activities are permitted by right in riparian
buffer areas:
(a)
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, and passive areas of public and private parklands.
(b)
Temporary stream restoration projects, stream bank restoration
projects and vegetation restoration projects to restore the stream
or riparian zone to an ecologically healthy stage utilizing natural
channel design practices to the greatest degree possible. The project
duration and timing shall be subject to Zoning Officer's approval.
(c)
Stream crossings for farm vehicles and/or livestock on existing
farms if part of a federal, state, and/or county conservation district
and/or local nonprofit riparian buffer improvement project.
(d)
Provision for stone-dust or natural trail and related trail
access when resulting in minimum disturbance to existing trees and
shrubs.
(e)
Research and monitoring devices, such as staff gauges, water
recording, water quality testing, cross vanes, weirs and related demonstration
facilities.
(f)
Within the outer 50 feet of a riparian buffer area, timber harvesting
operations, subject to provisions within this chapter regulating such
activities.
(2)
The following uses or activities are permitted if approved by
special exception by the Zoning Hearing Board for riparian buffer
areas:
(a)
Structures that, by their nature, cannot be located anywhere
except within the riparian buffer. These structures shall include
docks, boat launches, public water supply intake structures, facilities
for domestic water quality treatment and purification, and public
wastewater treatment plant sewer lines and outfalls. The structures
shall provide for the minimum practicable disturbance of the riparian
buffer by minimizing size and location and by taking advantage of
co-location, if possible.
(b)
Road crossings (when perpendicular to the stream or buffer),
bridges, culverts, utilities, and impoundments.
(c)
Paved trail and related trail access when determined by the
Zoning Hearing Board to result in minimum disturbance to existing
trees and shrubs.
(d)
Stormwater conveyance structures and outfalls.
(e)
The grazing of livestock or growing of agricultural crops, provided
existing forested riparian buffers are not removed or otherwise impacted.
Such activity shall be restricted to take place only within the outer
50 feet of a riparian buffer area.
(f)
Any other use or activity permitted in the underlying district,
provided that there is no regrading, filling, or alteration within
the inner 50 feet of the riparian buffer area, and no more than 20%
of the outer 50 feet may be regraded, filled, or otherwise altered
or subject to land disturbance. Uses and activities permitted by this
provision shall not include the establishment of any impervious surfaces.
(3)
The following activities or practices are expressly prohibited
in the riparian buffer area for all water bodies:
(a)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion and sedimentation control and riparian buffer protection.
(b)
Storage or discharge of any hazardous or noxious materials,
except those used during emergencies for the treatment and/or maintenance
of any public sewer and public water treatment facilities (i.e., generator
sets or alternative drive units).
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals,
except:
[1]
Where permitted by a valid conservation plan, forest
management plan, or approved planting and maintenance plan as described
in this section; or
[2]
Where utilized by a selective herbicide application
by a qualified professional to control noxious weeds and invasive
species of plants in riparian buffers.
(d)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume of vehicles.
E.
Buffer restoration and planting requirements.
(1)
To the extent not already occupied by an existing use or a permitted
use, all riparian buffer areas shall be continually maintained with
a diverse mix of locally adapted, native species of canopy trees,
understory trees, shrubs, and herbaceous plants so as to constitute
a forested riparian buffer.
(2)
Restoration to a forested riparian buffer shall not be required
for issuance of a building permit for an individual single-family
residence or an addition to an existing single-family residence on
an existing lot. This exception shall not be used to circumvent restoration
requirements applicable to a land development/subdivision project
involving two or more lots, including circumstances whereby the project
is built in phases over an extended period of time. Restoration to
a forested riparian buffer shall also not be required for the construction
of an accessory residential structure upon an improved lot, provided
that no more than 5,000 square feet of land is being disturbed upon
the existing lot as part of such improvement.
(3)
To the extent not already occupied by an existing use or a permitted
use, or as otherwise exempted herein, an applicant shall be required
to restore any riparian buffer area upon the subject property to a
forested riparian buffer, through invasive plant removal and planting
of a diverse mix of native tree and shrub species. Such restoration
shall be required as follows:
(a)
Restoration plantings shall be planted at a density sufficient
to provide a minimum of 200 trees per acre at canopy closure. The
following tree planting, spacing and maintenance shall apply at installation:
[1]
Seedlings: ten-foot spacing (approximately 435
seedlings per acre) protected by five-foot tree shelters.
[2]
Bare-root trees or container trees (at least six
feet in height for either): twelve-foot spacing (approximately 300
trees per acre). Tree shelters, perimeter fencing, or wraps are recommended
to prevent damage from antler rubbing.
[3]
Vegetation around tree shelters shall be sprayed
or otherwise effectively controlled annually for a minimum of four
years. Tree shelters shall be maintained at all times and removed
when the tree reaches 1 1/2 inches' to two inches' caliper.
(4)
Landowners who are enrolled in, and fully in compliance with,
the Conservation Reserve Enhancement Program (CREP) administered through
their local Farm Service Agency are permitted to utilize their streamside
buffer restoration to satisfy the forested riparian buffer restoration
requirements of this section for as long as they are enrolled in,
and fully in compliance with, that voluntary program.
(5)
As part of any required buffer restoration process, applicants
shall submit and implement a planting and maintenance plan for the
riparian buffer area. The plan shall be prepared by a registered landscape
architect or professional plant ecologist. The plan shall identify
the number, density and species of locally adapted native trees and
shrubs appropriate to the site conditions that will achieve a minimum
of 60% uniform canopy coverage within 10 years. The plan shall describe
the maintenance program to be conducted by the buffer owner for a
minimum of five years, including measures to remove, and subsequently
control, invasive plant species, limit deer and rodent damage, and
replace deceased trees and shrubs for the first four years. Applicants
with riparian buffer areas associated with a pending Township application,
and which are also enrolled in CREP, shall submit a plan showing the
existing or proposed streamside buffer planting that has been approved
by the Farm Service Agency.
(6)
Any riparian buffer that is included within a lot created after
the effective date of this section shall include, as a condition of
approval of the subdivision creating the lot, a restrictive covenant
approved by the Municipal Solicitor and recorded with the final subdivision
or land development plan and the deed for the lot. The restrictive
covenant shall clearly define the riparian buffer area, shall include
binding provisions for the adequate long-term functioning and integrity
of the riparian buffer, and shall include a requirement for notification
of all subsequent lot owners of its restrictive nature.
[Added 6-12-2018 by Ord.
No. 2018-03]
A.
Findings of fact.
(1)
Woodlands provide a host of environmental services in the Township,
including, but not limited to, stormwater management, wildlife habitat,
absorption of carbon and production of oxygen, soil retention, and
slope stabilization.
(2)
Woodlands are a natural resource recommended for protection
by the Township's Comprehensive Plan.
(3)
Hedgerows, although largely introduced during past agrarian
activity in the Township, continue to provide windbreaks, wildlife
habitat, buffers between different land uses, and scenic benefits
to the residents of the Township.
B.
Statement of intent. It is the purpose of this section to promote
the public health, safety and welfare and to minimize disturbance
or significant loss of woodlands and hedgerows in the Township. In
furthering that purpose, the specific intent of this section is:
(1)
To regulate or prevent the disturbance or significant loss of
woodlands and hedgerows in the Township as a result of land development
activity.
(2)
To provide standards for the disturbance of woodlands and hedgerows,
and for the replacement of woodlands when their loss is unavoidable.
(3)
To integrate with floodplain, steeply sloped area, wetland,
forested riparian buffer, and other ordinance requirements contained
herein that regulate environmentally sensitive areas to minimize hazards
to life, property, and woodlands and hedgerows.
(4)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil runoff into creeks, streams, and rivers due to clearing
or disturbance of woodlands and hedgerows in the Township.
C.
Applicability and disturbance limitations for woodlands and hedgerows.
(1)
The provisions of this section shall not be held applicable
to forestry activities as defined and provided for in this chapter.
Activities which fall under the definition of "forestry," including
timber harvesting, are exempt from the provisions of this section;
however, are subject to the other applicable sections of this chapter.
(2)
Clearcutting of any woodland area shall be prohibited except
to the minimum extent necessary to permit the implementation of an
approved land development or building permit.
(3)
All woodland disturbance shall be subject to the following disturbance
limitations beyond which woodland replacement shall be required, subject
to any modifications permitted within this section:
(a)
Permitted woodland disturbance on any lot or tract shall not
exceed 10% of any area defined as "forest interior habitat."
(b)
Permitted woodland disturbance on any lot or tract shall not
exceed 20% of any woodland other than forest interior habitat.
(c)
Disturbance limitations shall be measured based on the extent
of the woodland at the time of first submission of applicable application(s)
after the adoption of this section and shall be indicated on applicable
plan(s). The extent of any area of woodland disturbance shall be measured
to include the entire area within the dripline of any tree where any
part of the area within the dripline of said tree is subject to woodland
disturbance. Any disturbance limitation shall run with the land, once
established. Subsequent applications shall be subject to the initial
determination of disturbance limitations, regardless of intervening
disturbance which may have occurred. If, at any time within three
years prior to an applicable application, there had existed a greater
extent of woodland, such greater area shall be utilized to calculate
the extent of woodland disturbance and the limitations set forth herein.
(4)
In determining where necessary woodland disturbance shall occur
in the context of any building permit or zoning permit application,
the applicant shall consider the following:
(a)
The location(s) and benefit of conservation of healthy, mature
woodland stands.
(b)
The impacts, in terms of functions and values to wildlife, of
separating, dividing and/or encroaching on wildlife travel corridors
and/or extensive habitat areas. Such impacts must be explicitly assessed
in any area designated as one or more of the following:
(5)
In areas of permitted woodland disturbance and areas adjacent
to permitted woodland disturbance, remaining trees shall be protected
from damage. The following procedures shall be utilized during construction
in order to protect remaining trees:
(a)
Where existing trees are to remain, no change in existing grade
shall be permitted within the dripline of the trees. Appropriate fencing
four feet in height shall be placed at the dripline of trees to remain,
wherever adjacent to proposed construction. Such fencing shall be
maintained in place throughout the duration of construction activity.
Roots shall not be cut within the dripline of any trees to remain.
(b)
Trees within 25 feet of a building, or bordering entrances or
exits to building sites, shall be protected by a temporary barrier
to be maintained in place throughout the duration of construction
activity.
(c)
No boards or other material shall be nailed or otherwise attached
to trees during construction.
(d)
Construction materials, equipment, soil and/or debris shall
not be stored nor disposed of within the driplines of trees to remain.
(e)
Tree trunks, limbs and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with accepted professional landscape procedures.
(6)
Woodland replacement. Where subject to modifications to these provisions pursuant to § 450-60.4, woodland disturbance is permitted in excess of the limitations established in Subsection C(3)(a) and (b) above. Replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in Appendix A.2, West Bradford Township List of Approved Plants, attached to this chapter.[1]
(a)
Required replacement tree calculation based on area of woodland disturbance. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) and (b) above, and regardless of the character and sizes of the disturbed vegetation, one tree at least two to 2 1/2 inches' caliper shall be planted.
(b)
Replacement tree calculation based on specific tree removal.
Regardless of any disturbance allowances, for each tree greater than
12 inches' dbh to be removed, required replacement trees also shall
be calculated in accordance with the following schedule. For purposes
of this section, it shall be assumed that any tree greater than 12
inches' dbh shall be removed if located within 25 feet of any proposed
land disturbance.
|
For Each Tree to Be Removed
(inches dbh)
|
Minimum Number and Caliper of Replacement Trees
(inches)
|
|---|---|
|
One, 12 to 18
|
Two, 2 to 2 1/2
|
|
One, 18 to 24
|
Three, 2 to 2 1/2
|
|
One, 24 to 36
|
Four, 2 to 2 1/2
|
|
One, greater than 36
|
Six, 2 to 2 1/2
|
(c)
Required replacement shrubs. At a minimum, for each 100 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) or (b) above and regardless of the character and sizes of the disturbed vegetation, one shrub at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement. Shrubs planted in accordance with this requirement may be of restoration quality and not necessarily landscape quality.
(d)
Required replacement plantings shall be in addition to any required
street trees or any other landscape material required under the provisions
of this chapter or the Township's Subdivision and Land Development
Ordinance.
(e)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 450-60.4, required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required, or by vegetation other than trees (e.g., for purposes of reforestation).
(f)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 450-60.4, some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.
(g)
In lieu of actual installation of replacement plantings, the Township may permit any applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, for some or all of the required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings. Where the provisions of this section are otherwise applicable, any grant of approval of modifications requested pursuant to § 450-60.4 also may be conditioned upon the placement of equivalent cash value for otherwise required replacement plantings into such a fund.
(h)
The locations, selected species and sizes of all replacement
plantings, along with a planting schedule tied to the timing, and/or
phasing of the development, shall be indicated on the final subdivision/land
development plan(s) or building or zoning permit application, as applicable.
(i)
Required replacement vegetation and their measurements shall
conform to the standards of the publications "American or U.S.A. Standard
for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association
of Nurserymen, as amended. All plant material used on the site shall
have been grown so as to have a high likelihood of survival on the
site (e.g., grown specifically for planting in the applicable USDA
hardiness zone) and shall be nursery-grown, unless it is determined
by the Township that the transplanting of trees partially fulfills
the requirements of this section.
(j)
Species of replacement plantings selected and planting locations
shall reflect careful site evaluation and, in particular, the following
considerations:
[1]
Existing and proposed site conditions and their
suitability for the plant materials, based upon the site's geology,
hydrology, soils and microclimate.
[2]
Specific functional and design objectives of the
plantings, which may include, but not necessarily be limited to: replacement
of woodland area removed, enhancement of existing woodland or old
field area(s), reforestation of impacted riparian buffer areas, mitigation
of new woodland edge conditions as a result of land disturbance, provision
for landscape buffer, visual screening, noise abatement, energy conservation,
wildlife habitats and aesthetic values.
[3]
Maintenance considerations, such as hardiness,
resistance to insects and disease, longevity and availability.
[4]
Because of the many benefits of native plants (ease
of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown,
free-fruiting, native trees and shrubs is strongly encouraged. Species
selection should reflect species diversity characteristic of the native
deciduous woodland.
(k)
All replacement plantings shall be guaranteed and maintained
in a healthy and/or sound condition for at least 18 months, or shall
be replaced. In addition, the applicant may be required to escrow
sufficient additional funds for the maintenance and/or replacement
of the proposed vegetation during the eighteen-month replacement period,
and to provide for the removal and replacement of vegetation damaged
during construction, based upon the recommendation of the Township
Engineer.
(l)
All applicants shall include, as part of preliminary and final
plan submission, where applicable, a plan for the long-term management
of any woodland area not subject to woodland disturbance and any area
selected for introduction of replacement plantings in accordance with
this section. Such a plan shall include a statement of woodland management
objectives and shall demonstrate to the satisfaction of the Board
of Supervisors the feasibility of intended management practices, aiming
to ensure the success of stated objectives, including the viability
of introduced plantings, deterrence of invasive vegetation, and means
to minimize any future woodland disturbance. Applicants are strongly
encouraged to seek woodland management assistance from a qualified
professional.
[1]
Editor’s Note: Appendix A.2 is included as an attachment to this chapter.
[Added 6-12-2018 by Ord.
No. 2018-03]
A.
For any use or activity subject to subdivision and/or land development
review processes, an applicant may request modifications of the provisions
of this article. Requested modifications may be granted at the discretion
of the Board of Supervisors, provided waivers related to associated
provisions within the Subdivision and Land Development Ordinance are
being similarly considered as part of the subdivision and/or land
development approval process.
B.
Applicants shall provide appropriate documentation in support of
their modification request, and the Board of Supervisors may request
additional documentation of an applicant, or of its municipal consultants,
to help reach its decision. In making such decision, the Board of
Supervisors shall consider any objection to the granting of any such
modification by residents of the Township.
