[Amended 4-7-1986 by Ord. No. HR-100; 5-1-2006 by Ord. No. HR-252; 10-6-2016 by Ord. No.
HR-357]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of Tredyffrin Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize those losses described in § 208-15 by provisions designed to:
(1)
Restrict or prohibit uses which are dangerous to health, safety or
property in times of flood or which would cause increased flood heights
or velocities.
(2)
Protect the quality and quantity of surface and subsurface water
supplies adjacent to and underlying flood hazard areas.
(3)
Provide areas for the deposition of sediment.
(4)
Require that uses vulnerable to floods, including public facilities,
be constructed so as to be protected against flood damage.
(5)
Preserve the integrity of stream banks and their immediate vicinity
from erosion and degradation of natural vegetation.
(6)
Require that where uses are permitted by grant of variance, notice
be given to prospective purchasers and/or lessees that land under
agreement of sale or to be placed under such agreement or under lease
or to be leased is designated as lying either totally or partially
within the flood hazard area.
A.
Identification.
(1)
The Flood Hazard District Area shall include:
(a)
Any areas of the Township, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated 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)
For areas of the Township not classified as SFHAs, that land
which includes the floodway and floodway fringe adjoining any watercourse,
including any perennial, intermittent, ephemeral or losing stream,
or adjoining any ponds or lakes, which is within 50 feet of the banks
thereof (or less than 50 feet if an applicant provides hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information, in accordance with standard engineering
practice prepared by a professional engineer licensed in Pennsylvania,
that such smaller area is the limit of area subject to flooding in
a one-hundred-year flood), and extends for such additional distance
from said banks as is, or may be, subject to flooding in a one-hundred-year
flood; and
(c)
Any areas described in Subsection B below, and any areas designated as floodplain area by the Board of Supervisors in compliance with the National Flood Insurance Program when:
(d)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Tredyffrin Township and declared
to be a part of this article.
B.
Description and special requirements of Flood Hazard District Areas.
The Flood Hazard District 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 except as expressly permitted in this article.
(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's regional office.
(c)
For the purpose of this section, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
(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)
The 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.
(c)
The AE Area shall also include any flood fringe area adjacent
to a floodway in areas of the Township that are not shown as such
on the FIRM included in the FIS.
[1]
No encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
in an AE Zone without floodway.
[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 Flood Hazard
District Area which is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality. 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)
Additional areas:
(a)
The Flood Hazard District Area shall include all lands designated
by the following map symbols and mapping unit names on map sheets
of the Chester and Delaware Counties soil reports of the Soil Conservation
Service, United States Department of Agriculture:
|
Map Symbol
|
Mapping Unit Name
|
|---|---|
|
We
|
Wehadkee silt loam
|
|
Ch
|
Chewacla silt loam
|
(b)
Silt loams and local alluvium, while not displaying all of the
characteristics common to the alluvial soils indicated in the preceding
table, may be subject to periodic flooding. For this reason, they
shall be considered an integral part of a floodplain network. However,
they may be exempted from the provisions of this article where it
is determined that such exemption would not have the effect of nullifying
the purpose of this article. Those cases in which silt loams and local
alluvium are involved shall be referred to the Floodplain Administrator,
which shall examine such case and recommend either compliance with
or exemption from the provisions of this article and shall attach
any conditions appropriate to meet the purposes of this article; provided,
however, that this subsection shall not apply to any areas in the
Township covered by the Flood Insurance Study referred to above.
C.
Changes in identification of area. The Flood Hazard District Area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 208-15.1J(1) for situations where FEMA notification is required.
D.
Rules for interpreting boundaries; boundary disputes.
(1)
The boundaries of the Flood Hazard District Area shall be determined
by scaling distances from the flood hazard maps maintained by the
Township. Where interpretation is needed to determine the exact location
of the boundaries of the district as shown on the flood hazard map,
as for example, where there appears to be a conflict between a mapped
boundary and actual field conditions, the Zoning Hearing Board shall,
on appeal to it, make the necessary interpretation. The person contesting
the location of the district boundary shall have the burden of establishing
that land does not lie within the Flood Hazard District Area.
(2)
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township and
any party aggrieved by this decision or determination may appeal to
the Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the Township shall review flood hazard data affecting
the lands subject to boundary changes. The Township shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Findings of fact.
(1)
Losses resulting from periodic flooding. The flood hazard areas of
this Township are subject to periodic inundation which would result
or have resulted in loss of property, damage to structures and may
result in loss of life, injury to people, disruption of public and
private activities and services, burdensome public expenditures for
flood protection and relief and impairment of the tax base, all of
which do or may adversely affect the public health, safety and general
welfare.
(2)
General causes of these flood losses. These flood losses are or will
be caused by:
(a)
The cumulative effect of obstructions in flood hazard areas
causing increases in flood heights and velocities.
(b)
The occupancy of flood hazard areas by uses vulnerable to floods.
(c)
The cumulative effect of impervious surfaces and stormwater
management practices within the same watershed as a flood hazard area,
causing increases in the rate and/or volume of stormwater runoff to
surface water conveyances relative to that which existed naturally.
B.
General provisions:
(1)
Compliance. No structure, land or water shall hereafter be used and
no structure shall be located, extended, converted or structurally
altered in the Flood Hazard District Area unless full compliance with
the terms of this chapter and other applicable regulations is demonstrated
by the applicant.
(2)
Permits. Permits shall be required before any construction or development
is undertaken within any area of the Township.
(a)
The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and Chapter 80, Building Construction, of the Township Code, shall apply to this article to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(b)
The requirements of 34 Pa. Code Chapters 401-405, as amended,
and the 2009 IRC (Sections R102.7.1, R105.3.1, R105.3.1.1, and Appendixes
E and J) or the latest revision thereof and the 2009 IBC (Sections
101.3, 3403.1, and Appendix G) or the latest revision thereof shall
also be utilized in conjunction with the provisions of this section.
(3)
State and federal permits. Prior to the issuance of any zoning permit,
the Building Permit Officer 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 Law (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.
(4)
Preservation of other restrictions. It is not intended by this chapter
to repeal, abrogate or impair any existing zoning or subdivision regulations,
easements, covenants or deed restrictions, except that where this
chapter imposes greater restrictions, the provisions of this chapter
shall prevail.
(5)
Warning and disclaimer of liability. While the degree of flood protection
by this chapter is considered reasonable for regulatory purposes,
larger floods may occur on rare occasions or the flood height may
be increased by man-made or natural causes. In such instances, areas
outside the Flood Hazard District Area or land uses permitted within
the district may be subject to flooding or flood damage. This chapter
shall not create liability on the part of the Township or any officer
or employee thereof for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
(6)
Liability. Neither the approval or granting of any construction permit
or proposed subdivision or land development plan involving any land
governed by the provisions of this section, by an officer, employee
or agency of the Township, shall constitute a representation, guarantee
or warranty of any kind by the Township, or its employees, officials
or agencies, of the practicality or safety of any structure, use or
subdivision, and shall create no liability upon, or cause action against
such public body, official or employee for any damage that may result
pursuant thereto.
(7)
Severability. The provisions of this chapter shall be severable and
if any of the provisions hereof shall be held to be unconstitutional,
invalid or illegal by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter. To the extent that any holding that provisions of this
chapter are invalid or illegal makes this chapter no longer applicable
to any or all land within the Flood Hazard District Area, the zoning
classification of that land shall revert to that of the district as
designated in this chapter.
C.
If a variance is sought in the Flood Hazard District Area, the Zoning
Hearing Board shall determine that the standards and criteria enumerated
in § 910.2 of the MPC are met before granting the request.
(1)
In considering whether the variance, if granted, would be injurious
to the public health, welfare or safety, the Zoning Hearing Board
shall consider the following factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachment.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and ability
of these systems to avoid causing disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
(e)
The importance of the proposed use to the Township.
(f)
The availability of alternative locations not subject to flooding
for the proposed use.
(g)
The compatibility of the proposed use with existing and foreseeable
nearby uses.
(h)
The relationship of the proposed use to the Comprehensive Plan.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
The expected heights, velocity, duration, rate or rise and sediment
transport of the floodwaters expected at the site.
(k)
Such other factors as are relevant to the purposes of this chapter.
(2)
As part of a petition for a variance hereunder, the applicant shall
furnish such of the following material as the Township Engineer shall
deem necessary for a complete consideration of the matter by the Zoning
Hearing Board.
(a)
Plans drawn to scale showing the nature, location, dimensions
and elevation of the lot and existing and proposed uses; and photographs
or drawings showing existing uses and vegetation, soil types and other
pertinent information.
(b)
A series of cross sections at such intervals as the Township
Engineer may deem necessary 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.
(c)
Profile showing the slope of the bottom of the channel, lake
or pond.
(d)
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, landscaping, storage, water supply and
sanitary facilities.
(e)
Computation of the increase, if any, in the height of flood
stages which would be attributable to any proposed uses.
(f)
The proposed lowest floor elevation of any proposed building
and base flood elevation based upon North American Vertical Datum
of 1988.
(3)
Reports.
(a)
In considering any appeal for a variance, the Zoning Hearing
Board may, before the hearing, request reports from the Township Engineer
concerning the extent to which the proposed use would:
(b)
All written reports submitted to the Zoning Hearing Board in
advance of or at the public hearing shall be made available for inspection
at the public hearing by any party thereto.
(4)
Upon consideration of the purposes of this chapter, the Zoning Hearing
Board shall attach such conditions to the granting of a variance as
it deems necessary to further the purposes of this chapter. Among
such conditions, without limitation because of specific enumeration,
may be included:
(a)
Modification of waste disposal and water supply facilities.
(b)
Limitations on periods of use and operation.
(c)
Imposition of operational controls, sureties and deed restrictions.
(d)
Requirements for floodproofing measures, such as anchoring to
prevent flotation, collapse or lateral movement of the structure;
the use of construction materials and utility equipment which are
resistant to flood damage; and the use of construction methods and
practices which will prevent or lessen damage to a building located
in the Flood Hazard District Area or to the health of the occupant
thereof.
(5)
In any case where the Zoning Hearing Board shall grant a variance
to permit the erection of a structure in the Flood Hazard District
Area and it shall appear that such premises is to be offered for sale
or lease or the Zoning Hearing Board grants a variance to permit a
change in nonconforming use of a structure already existing in the
Flood Hazard District Area and it shall appear that the premises is
to be offered for sale or lease, the Zoning Hearing Board shall, for
the protection of prospective purchasers and lessees, impose the following
conditions:
(a)
Require the applicant to advise prospective purchasers and/or
lessees that the lot is located, either entirely or partially, as
the case may be, in the Flood Hazard District Area.
(b)
Require that, before settlement or change in a nonconforming
use, as the case may be, may take place, the purchaser or lessee shall
signify in writing that he has been advised that the premises lies
partially or entirely in the Flood Hazard District Area, and a signed
copy of such signification shall be delivered to the Township.
(c)
Where the premises are to be conveyed, the deed shall contain
the following provision: "This lot is entirely (partially) within
the Flood Hazard District Area of the Township of Tredyffrin, Chester
County, Pennsylvania."
(6)
Variances may only be granted upon:
(a)
Showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant;
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense, create nuisances or cause fraud on or
victimization of the public; and
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
D.
All applicable regulations for floodproofing required by the National
Flood Insurance Program (44 CFR 60.3) shall be made an implied condition
to the granting of any conditional use, special exception or variance
within the Flood Hazard District Area.
E.
In no case shall any conditional use, special exception or variance
be granted within the floodway if any increase in the one-hundred-year-flood
elevations would result, which shall be demonstrated by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information prepared by a licensed professional engineer
in accordance with standard engineering practice.
F.
Designation of the floodplain administrator.
(1)
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.
(2)
In the absence of a designated floodplain administrator, the floodplain
administrator duties are to be fulfilled by the Chairman of the Board
of Supervisors.
G.
Duties and responsibilities of the floodplain administrator.
(1)
The floodplain administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); 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
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)
In the case of existing structures, prior to the issuance of any
permit, the floodplain administrator shall review the history of repairs
to the subject building so that any cumulative substantial damage
concerns can be addressed before the permit is issued.
(5)
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.
(6)
In the discharge of his/her duties, the floodplain administrator
shall have the authority to enter any building, structure, premises
or development in the Flood Hazard District Area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this ordinance.
(7)
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 pursue available remedies for violations.
(8)
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.
(9)
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.
(10)
The responsibility, authority and means to implement the commitments
of the floodplain administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this article as the Floodplain Administrator/Manager.
(11)
The floodplain administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
H.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township. Such application
shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any Flood Hazard District Area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation; and
(h)
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 Flood Hazard District Area.
[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.
(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 access
ways; and
[5]
The location of any existing bodies of water or watercourses,
Flood Hazard District 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 Flood Hazard District Area, 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]
Detailed information needed to determine compliance with § 208-15.1I(9), including:
[a]
The amount, location and purpose of any materials or substances referred to in § 208-15.1I(9) which are intended to be used, produced, stored or otherwise maintained on site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 208-15.1I(9) during a base flood.
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable to
the municipality in an amount set by resolution of the Township.
I.
Review by Chester County Conservation District. A copy of all applications
and plans for any proposed construction or development in any Flood
Hazard District Area to be considered for approval may be submitted
by the floodplain administrator to the County Conservation District
for review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the floodplain
administrator for possible incorporation into the proposed plan.
J.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any Flood Hazard District
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.
K.
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.
L.
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.
M.
Start of construction.
(1)
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.
(2)
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a 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.
(3)
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.
N.
Enforcement.
(1)
Notices. Whenever the floodplain administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this article.
O.
Appeals.
(1)
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.
Within the Flood Hazard District Area, all uses not allowed
as permitted uses or authorized by grant of variance shall be prohibited.
The following uses and no others shall be permitted within the Flood
Hazard District Area and then only to the extent that they are not
prohibited by any other ordinance or any other section of this chapter
and only in strict compliance with the technical requirements set
forth in this section, including, without limitation, the requirement
to secure permits.
A.
Agricultural uses that do not require structures, as follows: general
farming, pasture, orchard, grazing, outdoor plant nurseries, truck
farming, forestry and wild crop harvesting.
B.
Recreation uses that do not require structures, as follows: park,
picnic grounds, fairs, boating, golf course, archery, hiking, riding,
hunting, fishing, game farm, fish hatchery, wildlife sanctuary, nature
preserve and swimming areas.
C.
Three-quarters of the front, side or rear yard setback required for
development of any lot or tract in any district contiguous to the
Flood Hazard District Area; provided, however, that no building shall
be placed less than 25 feet from the boundary of any Flood Hazard
District Area.
D.
Sanitary sewers and sewage pumping stations, provided that the construction is floodproof and compliant with § 208-15H(2)(h).
E.
Waterlines and sealed wells.
F.
Dams, impoundment basins, culverts and bridges approved by the commonwealth.
G.
Storm sewers and sanitary sewer outlets, subject to the approval
of the Township Engineer.
H.
When authorized as a conditional use, the following uses are subject to the general standards prescribed in §§ 208-105 and 208-117, and the specific standards set forth in Subsection J(3) below, provided that the applicant demonstrates to the reasonable satisfaction of the Planning Commission and Board of Supervisors that the grant thereof will not result in increasing the elevation of the base flood. No conditional use may be granted within the floodway if any increase in the base flood elevations would result, which shall be demonstrated by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information prepared by a licensed professional engineer in accordance with standard engineering practice.
(2)
Permeable improved parking areas and roads to serve other permitted
uses in the Flood Hazard District Area or where required by the regulations
for any contiguous district.
(3)
Railroads, roads, bridges and utility transmission lines.
(4)
Docks and piers for boating.
(5)
A change in grade by either cut or fill, or a combination of
both, may be permitted as a conditional use, but only upon the following
conditions:
I.
The following uses and activities are specifically prohibited in
any Flood Hazard District Area and no variances shall be granted therefor:
(1)
The construction, enlargement, substantial improvement, placement
or expansion of any structure.
(2)
Sod farming.
(3)
Removal of topsoil.
(4)
Cutting or removal of trees or other flora except where the
area is devoted to forestry or nursery use, or except for certain
permitted uses like a park or golf course where routine maintenance
and care occurs, in which case cutting or removal shall be on a selective
basis with appropriate reforestation measures practiced.
(5)
Fences.
(6)
Swimming pools.
(7)
On-site sewage systems.
(8)
Storage of any material that may be hazardous to the health
and welfare of the surrounding population or which is in violation
of the Clean Streams Law (35 P.S. § 691.901 et seq.) or
regulations of the Department of Environmental Protection.
(9)
The open storage of any hazardous materials or substances or
the construction of substantial improvements of any structure which
will be used for the production, storage or maintenance of, or used
for activities requiring the maintenance of, a supply of any hazardous
materials or substances, including, but not limited to, the following:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil and the like).
(m)
Phosphorous.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
The construction or substantial improvements of any structure
which will be used for the production, storage of, use of, or used
for activities requiring the maintenance of, a supply of any amount
of radioactive substances.
(10)
The filling or relocation of any watercourse.
(11)
Sanitary landfill.
(12)
Junkyard or dump.
(13)
Outdoor storage of vehicles or materials.
(14)
Hospitals.
(15)
Nursing homes.
(16)
Jails or prisons.
(17)
The commencement of, or any construction of, a new manufactured
home, manufactured home park or manufactured home subdivision, or
substantial improvement to an existing manufactured home park or manufactured
home subdivision.
(18)
Recreational vehicles.
J.
Technical requirements.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's regional office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
Any uses or activities allowed within any Flood Hazard District
Area shall be undertaken in strict compliance with the provisions
contained in this article and any other applicable codes, ordinances
and regulations.
(3)
For all conditional uses permitted under this district, the
Township shall consider all relevant factors and procedures specified
in other sections of the Code and the following:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No proposed use, development
or activity shall be permitted that will cause any increase in flood
levels in the Flood Hazard District Area.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use and its contents to flood
damage, and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed use
to the Township.
(f)
The requirements of the use for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(l)
The potential direct or indirect impacts to the Flood Hazard
District Area from the use proposed.
(m)
The potential direct or indirect impacts to those portions of
any watercourse designated as "exceptional value" or "high-quality
special protection waters" by the Commonwealth of Pennsylvania.
K.
Elevation and floodproofing requirements. Within any Flood Hazard District Area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Flood Hazard District Area in accordance with § 208-15, then the following provisions apply:
(1)
Residential structures.
(a)
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.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 208-14.1B(3) of this ordinance.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including the basement) at or above the
highest adjacent grade at least as high as the depth number specified
on the FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the 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.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including the 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:
(b)
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 the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 208-14.1B(3) of this ordinance.
(c)
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.
(d)
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.
(e)
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:
[1]
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:
[2]
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:
[a]
An established chain of command and responsibility,
with leadership responsibilities clearly defined for all aspects of
the plan.
[b]
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.
[c]
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.
[d]
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.
[e]
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.
(f)
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
401-405, as amended) shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor:
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space installed on two separate walls.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(4)
Historic structures. Historic structures, as defined in Subsections (1) through (3) only in § 208-6 of said definition, 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.
L.
Design and construction standards. In the event that a variance is
secured for any activity for which a variance is required hereunder,
the following minimum standards shall apply for all construction and
development proposed within any Flood Hazard District Area:
(1)
Fill. Within any Flood Hazard District Area, the use of fill
shall be prohibited. No variance shall be granted.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems:
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site waste disposal system shall be located
within any Flood Hazard District Area.
(d)
The design and construction provisions of the UCC and FEMA #
348, "Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 208-15.1I(9) shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring:
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings:
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives:
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(12)
Equipment:
(a)
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.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(13)
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.
(14)
Uniform Construction Code Coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited
to the following provisions shall apply to the above and other sections
and subsections of this article, to the extent that they are more
restrictive and supplement the requirements of this article.
(a)
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania; Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Sections
R104, R105, R109, R322, Appendix E, and Appendix J.
M.
Special requirements for subdivisions and development. All subdivision
proposals and land development proposals containing at least 10 lots
or at least five acres, whichever is the lesser, in Flood Hazard District
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.
