[Added 9-12-2017 by Ord.
No. 05-2017[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
XIV, FHC Flood Hazard Conservation District, as amended.
A.
Purpose. The Flood Hazard District has been designed to minimize
the threat to public health, safety and welfare of flood hazard areas
in the Township associated with periodic inundation which results
in loss of property, loss of life, damage to structures, injury to
people, disruption of activities and services, public expenditures
for flood protection and relief, and impairment of the tax base. It
is the purpose of this article to:
(1)
Minimize danger to public health by protecting water supplies and
natural drainage patterns in the Township.
(2)
Minimize danger to public safety by regulating or preventing the
erection of buildings and other structures on lands unsuitable for
development by reason of periodic flooding.
(3)
Minimize the financial burden imposed on the Township, its governing
body and its residents by preventing activities from locating in areas
subject to flooding.
(4)
Prevent added downstream damage from increased volume and rate of
flow associated with flooding, and to permit uses of the floodplain
compatible with the preservation of natural resources and the maintenance
of unimpeded stream flow throughout the year.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability. These provisions shall apply to all lands within the
jurisdiction of Londonderry Township shown as being located within
the boundaries of any identified floodplain area that are considered
as a part of the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township
offices.
C.
All uses, activities and development occurring within any identified
floodplain area shall be undertaken only in strict compliance with
the provisions of this article and with all other applicable codes
and ordinances, such as the Londonderry Township Subdivision and Land
Development Ordinance.[2]
A.
The Flood Hazard District is defined and established to be those areas of the Township that are subject to inundation by a one-percent-annual-chance flood and that are included in the identified floodplain area as established in § 170-76.
B.
For the purposes of this article, the identified floodplain area
shall be used as the basis for regulation. When available, information
from federal, state, and other acceptable sources shall be used to
determine the base flood elevation, as well as a floodway area, if
possible. When no other information is available, the base flood elevation
shall be determined by using a point on the boundary of the identified
floodplain area that is nearest the construction site in question.
In lieu of the above, the Township may require the applicant to determine
the elevation with hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualification, who shall certify
that the technical methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough technical review
by the Township.
The delineation of any identified floodplain area may be revised
by the Board of Supervisors where natural or man-made changes have
occurred and more detailed studies conducted or undertaken by the
United States Army Corps of Engineers, River Basin Commission, or
other qualified agency or person document such changes. Prior to any
such change, approval must be obtained from the Federal Emergency
Management Agency (FEMA). Additionally, as soon as practicable, but
not later than six months after the date such information becomes
available, the Township shall notify FEMA of the changes to the Flood
Hazard District by submitting technical or scientific data.
A.
The Flood Hazard District, based on the delineations cited in § 170-66, shall be deemed an overlay on the existing applicable zoning districts as delineated on the Londonderry Township Zoning Map,[1] and as such, the provisions for the Flood Hazard District
shall serve as a supplement to the underlying district provisions.
Should the Flood Hazard District be determined as inapplicable to
any tract by reason of amendment by the Board of Supervisors, interpretation
of the Zoning Hearing Board, or the decision of a court of competent
jurisdiction, the underlying zoning provisions shall be deemed applicable.
[1]
Editor's Note: The Zoning Map is on file in the Township
offices.
B.
Where there happens to be any conflict between the provisions or
requirements of any of the Flood Hazard Districts and those of any
underlying district, the more restrictive provision shall apply.
A.
Initial interpretations of the boundaries of a Flood Hazard District
shall be made by the Floodplain Administrator. Where interpretation
is needed as to the exact location of such boundaries, as in the case
of a conflict between mapped boundaries and actual field conditions,
such interpretation shall be made by the Township Engineer with a
written report submitted to the Board of Supervisors.
B.
Any party aggrieved by any determination by the Township Engineer may appeal his/her case before the Zoning Hearing Board. The party contesting the location of a Flood Hazard District boundary shall be given a reasonable opportunity to present his/her case to the Board and to submit his/her own technical evidence in accordance with § 170-67. The burden of proof shall be on the party filing for the hearing.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township Engineer,
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Township shall review flood hazard data affecting the lands subject
to boundary changes. The Township shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
All structures, tracts of land and water shall hereafter be
used or developed in full compliance with the provisions of this article
and any other ordinances and regulations which apply to uses within
the jurisdiction of this article. Any land-altering activity shall
not commence without first obtaining a zoning permit.
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 provisions of this article, the more restrictive
shall apply. This article shall not repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside any identified floodplain area,
or that land uses permitted within such areas, will be free from flooding
or flood damage.
B.
This article shall not create liability on the part of the Londonderry
Township, or any officer or employee thereof, for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
A.
Designation of Floodplain Administrator. The Zoning Officer is hereby
appointed to administer and enforce this article and is referred to
herein as the "Floodplain Administrator." The Floodplain Administrator
may: A) fulfill the duties and responsibilities set forth in these
regulations, B) delegate duties and responsibilities set forth in
these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees, or C) enter into a written agreement
or written contract with another agency or private sector entity to
administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the Township 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.
B.
Permit required. A zoning permit shall be required before any construction
or development is undertaken within any identified floodplain area
of Londonderry Township.
C.
Duties and responsibilities of Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this article and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of any
zoning permit, the Floodplain Administrator shall review the proposed
cost of improvements or repairs and the pre-improvement 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.
(4)
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour, to enforce the provisions
of this article.
(6)
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall proceed with enforcement actions in accordance with the terms of Article XXIV of this chapter.
(7)
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.
(8)
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.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the Floodplain Ordinance as the Floodplain Administrator/Manager.
(10)
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.
D.
Application procedures and requirements.
(1)
Application for a zoning permit shall be made, in writing, to the
Floodplain Administrator on forms supplied by Londonderry Township.
Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including,
where applicable, a breakout of flood-related cost and the market
value of the building before the flood damage occurred, where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this article and
all other applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
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.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
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:
[1]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[2]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (see § 170-76B), when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[4]
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.
[5]
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(4)
Applications for permits shall be accompanied by a fee, payable to
the Township. The amount of the fee shall established by resolution
of the Board of Supervisors.
E.
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., Township Planning Commission, Township Engineer) for review
and comment.
F.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
G.
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 and the date of its issuance,
and shall be signed by the Floodplain Administrator.
H.
Start of construction.
(1)
The start of construction of the proposed construction or development shall be determined in accordance with the definition of that term in § 170-82.4.
(2)
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.
I.
Additional permit requirements. Prior to any proposed alteration
or relocation of any stream, watercourse, etc., within the Township,
a permit shall be obtained from the Department of Environmental Protection,
Bureau of Dams and Waterway Management. Further, notification of the
proposal shall be given to all affected adjacent municipalities. Copies
of such notifications shall be forwarded to both the Federal Emergency
Management Agency and the Department of Community and Economic Development.
J.
Enforcement. Whenever the Floodplain Administrator or other authorized Township representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or any regulations adopted pursuant thereto, the Floodplain Administrator shall proceed with enforcement actions in accordance with the terms of Article XXIV of this chapter.
A.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of Londonderry 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; and
(b)
Any community-identified flood hazard areas.
(2)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Londonderry Township and declared
to be a part of this chapter.
B.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
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.
(a)
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 analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the Township during the occurrence of the base
flood discharge.
(b)
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.
(2)
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.
(a)
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.
(b)
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.
[1]
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 analyses 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 within the Township during the occurrence of the base flood
discharge.
[2]
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.
(3)
A Area/District.
(a)
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.
(b)
In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township. In the absence of any of the above
data or documentation, the Township may require elevation of the lowest
floor to be at least three feet above the highest adjacent grade.
(4)
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. 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.
(5)
Community-identified flood hazard areas shall be those areas where
Londonderry Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
the best available topographic data and locally derived information
such as flood of record, historic high-water marks, soils or approximate
study methodologies.
A.
Uses permitted by right. In the Flood Hazard District, the following
uses and activities are permitted, provided they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance, and provided that they do not require structures,
fill, or storage of materials and equipment.
(1)
Agriculture, provided no structures are located within the Flood
Hazard District.
(2)
Recreational use, provided no structures are located within the Flood
Hazard District.
(3)
Wildlife sanctuary, fish hatchery, nature preserve, or arboretum,
excluding any structures normally associated with such uses.
(4)
Nonstructural accessory residential uses, such as yards and parking,
provided that no more than 1/3 of the total lot area for any lot is
situated within the Flood Hazard District, and provided that no sewage
disposal system is located within 50 feet of the Flood Hazard District.
B.
Uses permitted by special exception.
(1)
The following uses are permitted only upon the granting of a special
exception by the Zoning Hearing Board, in accordance with §§ 908
and 913 of the Pennsylvania Municipalities Code, as amended, 53 P.S.
§§ 10908 and 10913,[1] and upon the condition that no use permitted as a special
exception shall increase the elevation of the base flood.
(a)
Accessory structures customarily incidental to any of the foregoing permitted uses. Where approved, an accessory structure shall comply with the requirements of § 170-82E of this article.
(b)
Circuses, festivals, and similar transient amusement enterprises.
(c)
Roadside stands and signs.
(d)
Railroads, roads, bridges, and utility transmission lines.
(e)
Sealed water supply wells and water pipelines.
(f)
Storm and sanitary sewer outlets, which shall take the shortest
route across the district to the point of discharge.
(g)
Grading or fill, provided that the effect is not to alter the
cross-sectional profile of the stream basin at the point of the proposed
use and will not cause an increase in the base flood elevation.
(h)
Dams and impoundment basins, where approved by appropriate private
and public agencies.
[1]
Editor's Note: 53 P.S. 10913 was repealed by 1988, Dec.
21, P.L. 1329, No. 170, § 92. See now 53 P.S. § 10912.1.
(2)
Administration of special exceptions.
(a)
Special exception procedures. Upon receiving an application
for approval as a special exception, the Zoning Hearing Board shall,
prior to rendering a decision thereon, require the applicant to furnish
the following materials to the Board:
[1]
Plans in triplicate, drawn to scale, showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses,
soil types and other pertinent information.
[2]
A series of cross-sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel or the lake or pond
bottom, elevation of adjoining land areas to be occupied by the proposed
uses, and high water information.
[3]
Profile showing the base flood water surface elevation and slope
of the bottom of the channel, lake or pond.
[4]
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, water supply and sanitary facilities.
[5]
Computation of the increase, if any, in height of flood stages
which would be attributable to any proposed uses.
[6]
Site location, including address.
[7]
Brief description of proposed work and estimated cost, including,
where applicable, a breakdown of the flood-related cost and the market
value of the building before the flood damage occurred.
[8]
Plans of all proposed buildings, structures and other improvements,
drawn at a suitable scale, showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon the North American Vertical Datum of 1988.
[b]
The elevation of the base flood.
[c]
Detailed information concerning any proposed elevation
and floodproofing measures.
[d]
Supplemental information as may be necessary under
34 Pa. Code, Chapters 401 through 405, as amended, and §§ 1612.5.1,
104.7 and 109.3 of the 2009 IBC and §§ R106.1.3 and
R104.7 of the 2009 IRC.
[e]
The following data documentation:
[i]
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 base
flood elevations, pressures, velocities, impact and uplift forces
associated with the base flood.
[ii]
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.
(b)
In proceedings before the Zoning Hearing Board, the burden of
proof shall be on the applicant to show that the use will be in general
conformity with the objectives of this article and that proper safeguards
will be observed.
(c)
Factors to be considered by Zoning Hearing Board. In passing
upon each application, the Zoning Hearing Board shall consider:
[1]
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
[2]
The danger that materials may be swept onto other lands or downstream
to the injury of others.
[3]
The probability of proposed water supply and sanitation systems
causing disease, contamination and unsanitary conditions.
[4]
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
[5]
The importance of the proposed use to the community.
[6]
The requirements of the use for a waterfront location.
[7]
The availability of alternative locations not subject to flooding
for the proposed use.
[8]
The compatibility of the proposed use with existing and foreseeable
nearby use.
[9]
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
[10]
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
[11]
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwater expected at the site.
[12]
Such other factors which are relevant to the purposes
of this chapter.
(d)
Conditions. Upon consideration of the factors listed above,
and the purposes of this article, the Zoning Hearing Board may attach
such conditions to the granting of a special exception permit as it
deems necessary to further the purposes of this article. Among such
conditions, without limitation because of specific enumeration, may
be included:
[1]
Modification of waste disposal and water supply facilities subject
to approval by the Pennsylvania Department of Environmental Protection
Regional Office (PADEP).
[2]
Limitations on periods of use and operation.
[3]
Imposition of operational controls, sureties and deed restrictions.
[4]
Floodproofing measures such as the following, without limitation
because of specific enumeration:
[a]
Anchorage to resist flotation and lateral movement.
[b]
Installation of watertight doors, bulkheads and
shutters (nonresidential only).
[c]
Reinforcement of walls to resist water pressures.
[d]
Use of paints, membranes or mortars to reduce seepage
of water through walls.
[e]
Addition of mass or weight to structures to resist
flotation.
[f]
Installation of pumps to lower water levels in
structures (nonresidential only).
[g]
Construction of water supply systems, sanitary
sewer systems, and waste treatment systems so as to prevent the entrance
of floodwaters by being designed to minimize or eliminate infiltration.
[h]
Pumping facilities for subsurface external foundation
wall and basement floor pressures.
[i]
Construction to resist rupture or collapse caused
by water pressure or floating debris.
[j]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
[k]
Elevation of structures to reduce likelihood of
flood damage.
C.
Prohibited uses. The following uses shall be prohibited from locating
entirely or partially within an identified flood hazard area:
(2)
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.
(3)
Manufactured homes.
(4)
The clearing of vegetation except for brush, weeds, and the removal
of diseased shrubs or trees, or trees or portions thereof which might
cause hazard to life or property; and except where such clearing is
necessary for construction permitted as a result of action by the
Zoning Hearing Board.
(5)
Sod farming.
(6)
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 which will be used for any activity requiring the
maintenance of a supply (more than 550 gallons or other comparable
volume or any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Herbicides.
(i)
Hydrochloric acid.
(j)
Hydrocyanic acid.
(k)
Magnesium.
(l)
Nitric acid and oxides of nitrogen.
(m)
Petroleum products (gasoline, fuel oil, etc.).
(n)
Phosphorus.
(o)
Potassium.
(p)
Sodium.
(q)
Sulfur and sulfur products.
(r)
Pesticides (including insecticides, fungicides, and rodenticides).
(s)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(7)
The construction or expansion of any on-site sewage disposal system
or component of such a system.
(8)
Storage of flammable or toxic material or any other material which,
if inundated, would degrade or pollute the stream, or cause damage
if swept downstream.
Lawfully existing structures and uses of land within the Flood
Hazard District shall comply with the following regulations regarding
improvements to an existing structure:
A.
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area(s)/District(s), BFEs are determined using the methodology in § 170-76B(3).
B.
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.
C.
The above activity shall also address the requirements of 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.
D.
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.
E.
Within any AE 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.
F.
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.
An existing structure located within the Flood Hazard District shall
not be enlarged or altered more than 50% of its present lot coverage
figure.
H.
Any modification, alteration, enlargement or improvement of any kind
to an existing structure in the Flood Hazard District shall be elevated
and/or floodproofed.
A.
The Zoning Hearing Board may, upon request, grant relief from a requirement
under this article, should compliance with said requirement result
in a hardship to a prospective applicant.
B.
In its review of variance requests, the Zoning Hearing Board shall follow the guidelines established in Article XXII. In addition, any variance granted for any use or structure within the Flood Hazard District shall comply with the following requirements.
(1)
No variance shall be granted for any construction, development or
use that would cause any increase in the base flood elevation. Any
impact of the proposed activity or structure on the Flood Hazard District
shall be offset by stream improvements.
(2)
The granting of a variance will neither:
(3)
Notwithstanding any of the above, all structures shall be designed
and constructed so as to have the capability of resisting the base
flood.
(4)
No variance shall be granted for the construction of a jail, nursing
home, hospital, manufactured home park, manufactured home subdivision,
or other use regulated under the Pennsylvania Floodplain Management
Act, Act 1978-166, 32 P.S. § 679.101 et seq.
C.
The Zoning Hearing Board shall notify the applicant in writing that
granting a variance to allow an activity or structure in the Flood
Hazard District may result in increased premium rates for flood insurance,
and that such activity or structure increases risk to life and property.
D.
The Zoning Hearing Board shall maintain a record of all decisions,
and shall report all affirmative decisions to the Federal Emergency
Management Agency on an annual basis.
The Zoning Hearing Board shall attach the following conditions
to the granting of a special exception or variance where applicable:
A.
Any modification, enlargement, alteration or improvement to an existing residential structure shall be elevated not less than 1 1/2 feet above the base flood elevation at the site. Modifications to nonresidential structures shall be elevated not less than 1 1/2 feet above the base flood elevation or shall conform with the waterproofing requirements set forth in § 170-82.
B.
Any and all fill materials shall:
(1)
Extend laterally at least 15 feet beyond the building line from all
points.
(2)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(3)
Be compacted and stabilized to provide the necessary permeability
and resistance to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal, unless substantiated
data justifying steeper slopes are submitted to, and approved by,
the Floodplain Administrator.
(5)
Be used to the extent to which they do not adversely affect adjacent
properties.
C.
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.
Storm drainage facilities shall be in compliance with the terms of
the Londonderry Township Stormwater Management Ordinance.[1]
D.
Sanitary sewer facilities. All sanitary sewer facilities and private
package sewer treatment plants, including all pumping stations and
collector systems, shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
the floodwaters. In addition, they should be located and constructed
to minimize or eliminate flood damage and impairment. No part of any
on-site waste disposal system shall be located within the Flood Hazard
District.
E.
Water facilities. All water facilities shall be designed to minimize
or eliminate infiltration of floodwaters into the system and be located
and constructed to minimize or eliminate flood damages.
F.
Streets. The finished elevation of proposed new streets shall be
equal to or higher than the base flood elevation.
G.
Utilities. All utilities, such as gas lines, electrical and telephone
systems, being placed in the Flood Hazard District shall be located,
elevated (where possible) and constructed to minimize the chance of
impairment during a flood.
H.
Storage. All materials that are buoyant, flammable, explosive or
in times of loading or unloading could be injurious to human, animal
or plant life, shall be stored above the base flood elevation and/or
floodproofed to the maximum extent possible.
I.
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. All buildings and structures within
or adjacent to the Flood Hazard District shall make the following
improvements:
(1)
Paints or other finishes used at or below the base flood elevation
shall be of water-resistant quality.
(2)
Adhesives used at or below the base flood elevation shall be finished
with water-resistant paint or other finishing material.
(3)
All wooden components shall be finished with a water-resistant paint
or other finishing material.
(4)
Electric water heaters, furnaces, air-conditioning and ventilating
systems, and other electrical equipment or apparatus shall not be
located below the base flood elevation.
(5)
Electrical distribution panels shall be at least three feet above
the base flood elevation.
(6)
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
J.
Anchoring. All structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
K.
The accessibility of the tract to emergency vehicles in times of
flooding shall be ensured.
L.
The danger of materials being swept onto lands downstream shall be
removed.
M.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code, Chapters 401 through 405, as amended, and
not limited to the following provisions, shall apply to the above
and other sections and subsections of this article, to the extent
that they are more restrictive and/or supplement the requirements
of this article.
N.
Fully enclosed and partially enclosed space below the lowest floor
(including basement) is prohibited.
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 Township, 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 Londonderry 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 A1-30 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 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.
Within any identified floodplain area, any new construction or substantial improvements shall be prohibited with the exception of uses permitted by right and special exception in Section 170-77. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria in § 170-79, then the following provisions apply:
A.
Residential structures.
(1)
In AE, A1-30, 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 the terms
of 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 through 405, as amended) shall be utilized, where they are more
restrictive.
B.
Nonresidential structures.
(1)
In AE, A1-30 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 the terms of this article.
(3)
In AO Zones, any new construction or substantial improvement shall
have the 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)
A 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:
[1]
An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
[2]
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.
[3]
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.
[4]
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.
(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.
C.
Space below lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
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.
E.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
(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.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(9)
If a variance is granted, a signed declaration of land restriction
(nonconversion agreement) shall be recorded on the property deed prior
to issuance of the certificate of occupancy.
(10)
The storage of hazardous materials in accessory structures is
prohibited.
All subdivision proposals and land 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.
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 within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
D.
Equipment requirements:
(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 flotation, collapse, and lateral movement.
(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 manufacturer's 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
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 Chapters 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 manufacturer's
standards for anchoring cannot be provided or were not established
for installation of the proposed unit(s).
Within any identified floodplain area, recreational vehicles
shall be prohibited. If a variance is obtained, then recreational
vehicles in Zones A, A1-30, AH and AE must be:
For the purpose of and as used in this article, the following
definitions shall apply:
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-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, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
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:
This term is 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 vehicles
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
article, and includes any subsequent improvements to such structures.
Any construction started after September 24, 1984, and before the
effective start date of this floodplain management article is subject
to the ordinance in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM) dated September 24, 1984,
whichever is later, and, as such, would be required to be compliant
with the regulations of the National Flood Insurance Program.
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 September 24, 1984,
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.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
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% 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
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.
A grant of relief by the Zoning Hearing Board from the terms
of a floodplain management regulation.
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.
