[Amended 8-21-2017 by Ord. No. 179]
A.
The Legislature
of the Commonwealth. of Pennsylvania has, by the passage of the Pennsylvania
Flood Plain Management Act of 1978, delegated the responsibility to
local governmental units to adopt floodplain management regulations
to promote public health, safety, and the general welfare of its citizenry.
Therefore, the West Vincent Township Board of Supervisors does hereby
order and establish the provisions set forth in this article.
B.
In addition to the general goals listed in the statements of § 390-3, Purpose, and § 390-4, Community development objectives, it is the purpose of this district to:
(1)
Promote the general health, welfare and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requests.
These provisions shall apply to all lands within the jurisdiction
of the Township of West Vincent and shown as being located within
the boundaries of any identified floodplain conservation district,
which are considered as a part of the Official Zoning Map.
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. 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 damages.
B.
This article shall not create liability on the part of the Township
or any officer, employee or appointed professional thereof for any
flood damages that result from reliance on this article or any administrative
decisions lawfully made thereunder.
[Amended 8-21-2017 by Ord. No. 179]
[Amended 8-21-2017 by Ord. No. 179]
The identified floodplain area shall be those areas of the Township
of West Vincent, Chester County, which are subject to the one-hundred-year
flood, as identified in the Chester County Flood Insurance Study (FIS),
dated September 29, 2017, and the accompanying maps as prepared by
the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
The identified floodplain area shall consist of the following
specific areas:
A.
FW (Floodway Area). The areas identified as "Floodway" in the AE
Zone in the Flood Insurance Study prepared by the FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
B.
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
C.
FE (Special Floodplain Area). The areas identified as Zone AE in
the Flood Insurance Study, where one-hundred-year flood elevations
have been provided, but no floodway has been delineated.
D.
FA (General Floodplain Area). The areas identified as Zone A in the
FIS, for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question. In lieu of the above,
and at the discretion of the Board of Supervisors, the Township may
require the applicant to determine the elevation with hydrologic and
hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, and any other information shall be submitted
in sufficient detail to allow a thorough technical review by the Township
Engineer.
The identified floodplain area may be revised or modified by
the Board of Supervisors where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from
the Federal Insurance Administration (FIA).
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Zoning Officer,
and any party aggrieved by his or her decision may appeal to the Zoning
Hearing Board. The burden of proof shall be on the appellant.
The Floodplain Conservation District shall be an overlay to
the existing underlying districts, as shown on the Official Zoning
Map of the Township. For the purpose of this article, the underlying
base zoning district shall be designated RC Rural Conservation. If
this article should be declared inappropriate to any tract by reason
of amendment, special exception, variance or any other order of the
Board of Supervisors, Zoning Hearing Board or court of competent jurisdiction,
the base zoning provisions applicable to such tract shall be deemed
the governing provisions and shall be enforced independent of this
article.
A.
Designation of the Floodplain Administrator.
[Amended 8-21-2017 by Ord. No. 179]
(1)
The Township Zoning Officer is hereby appointed to administer and
enforce this article and is referred to herein as the "Floodplain
Administrator." The Floodplain Administrator may: a) fulfill the duties
and responsibilities set forth in these regulations; b) delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees; or c)
enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22. In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Building
Permit Office.
(2)
It shall be unlawful for any person, business, partnership or corporation
to undertake or cause to be undertaken any development within the
floodplain unless a permit has been obtained from the Floodplain Administrator.
In addition, the Township shall require copies of all necessary permits
from those governmental agencies from which approval is required by
federal or state law. Under no circumstances shall any use, activity
and/or development adversely affect the capacity of the channel or
floodway of any watercourse or other drainage facility or system.
B.
Permitted uses. The following uses and activities shall be permitted
within the Floodplain Conservation District, provided that 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)
Agricultural uses, including cultivation and harvesting of crops,
and grazing and pasturing, excluding any structures normally associated
with agricultural uses.
(2)
Horticultural uses, including the raising and propagating of trees,
shrubs, flowers, and other vegetative material, excluding sod farming,
removal of topsoil and any structures.
(3)
Low- to medium-intensity recreational uses, including public and
private parks, day camps, picnic groves, golf courses, hunting, fishing
and boating clubs, excluding structures, recreational vehicle camp
sites, or fences normally associated with such uses.
(4)
Forestry, lumbering and reforestation, excluding storage and mill
structures.
(5)
Game farm, fish hatchery, hunting and fishing reserve, excluding
structures.
(6)
Wildlife sanctuary, woodland preserve, arboretum, excluding structures.
(7)
Front, side or rear yards, and required lot area, for any district.
(8)
Nonimpervious parking areas.
(9)
Open wire fences or other types of open-style fences.
C.
Uses by special exception.
(1)
New or replacement public or private utilities and facilities such
as water, storm drainage, sewer, gas and electrical lines, provided
that no acceptable alternative location exists and that such systems
or improvements are designed, located and constructed so as to be
floodproofed or elevated 1 1/2 feet above the base flood elevation.
(2)
No special exception shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the base flood elevation.
D.
Prohibited uses.
(2)
The filling of floodplains, removal of topsoil or damming or relocation
of any watercourses, except with the approval of the Board of Supervisors
and the Department of Environmental Protection.
(3)
Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or
materials, including recreational vehicles.
(4)
On-site sewage disposal systems.
(5)
Fences which serve as obstructions to water flow, such as but not
limited to chain-link, stockade and solid wood fences.
E.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
START OF CONSTRUCTION
VIOLATION
Definitions limited to this article. In addition to the definitions established in § 390-8, and for the purposes of this article only, the following words, terms, and phrases shall have the meanings herein indicated:
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).
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:
Structures for which the start of construction commenced
on or after November 19, 1987, and includes any subsequent improvements
thereto.
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.
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.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A structure or use of a structure or premises located within
the Floodplain Conservation District, which lawfully existed before
the enactment of these provisions, but which is not in compliance
with these provisions, may be continued subject to the following conditions:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood.
B.
No expansion or enlargement of an existing structure shall be allowed
within any FE area that would, together with all other existing and
anticipated development, increase the base flood elevation more than
one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of less than
50% of its market value shall be elevated and/or floodproofed 1.5
feet above the base flood elevation to the greatest extent possible.
D.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value shall constitute a substantial improvement and
shall be prohibited.
E.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter, unless
this provision constitutes a taking of the structure or property.
F.
The requirements of 34 Pa. Code Chapters 401 to 405, as amended,
and the 2003 IRC (Secs. R102.7.1, R105.3.1, R105.3.1.1 and Appendixes
E and J), or the latest revision thereof, and the 2003 IBC (Secs.
101.3, 3403.1 and Appendix G), or the latest revision thereof, shall
also be utilized in conjunction with the provisions of this section.
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 been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterway Management. In addition, the Federal Emergency Management
Agency and the Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
B.
Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
C.
Within any AE area/district without a floodway, no new construction
or development shall be allowed unless it is demonstrated that the
cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the elevation of the base flood more than one foot at any point.
D.
Any new construction of a nonresidential structure, or part thereof,
granted as a variance and having a lowest floor which is not elevated
to at least 1.5 feet above the base flood elevation, shall be floodproofed
in a completely or essentially dry manner in accordance with the W1
or W2 space classification standards contained in the "Flood-Proofing
Regulations" published by the United States Army Corps of Engineers
(June 1972, as amended), 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.
E.
Fully and partially enclosed spaces below the lowest floor (including basement) are prohibited unless a variance is granted pursuant to Subsection F(12).
(1)
Any substantial improvement or new construction of an existing residential
structure shall have the lowest floor elevated to at least 1 1/2
feet above the base flood elevation.
(2)
If any construction/development is permitted under this article,
it shall only be permitted where it is demonstrated that it will also
strictly comply with all requirements of this section and other applicable
ordinances, the applicable requirements of the National Flood Insurance
Program regulations or 44 CFR 60.3(d) and the Pennsylvania Floodplain
Management Act of 1978, as amended, and the Uniform Construction Act
of 1999, as amended, and the standards and specifications contained
in 34 Pa. Code Chapters 401 to 405.
F.
Variances. In the event that a property owner can prove in proceedings
before the Zoning Hearing Board as an appeal that there is an unnecessary
hardship of a unique nature imposed upon this property if they are
prohibited from erecting a structure or building within the FPC Floodplain
Conservation District on their property, the Zoning Hearing Board
will have the authority to grant relief by way of variance to erect
a structure(s) or a building(s) on the property, provided:
(1)
No variance shall be granted for the construction, enlargement or
expansion of any structure used or intended to be used for any of
the following:
(a)
Hospitals (public or private);
(b)
Nursing homes (public or private);
(c)
Jails or prisons; and
(d)
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, manufactured
home park or manufactured home subdivision.
(2)
No variance shall be granted for 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
substance) 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)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(3)
A detailed on-site survey at the expense of the property owner is
conducted by the Township Engineer, United States Department of Agriculture
Natural Resources Conservation Service, the United States Department
of the Interior Geological Survey or United States Army Corps of Engineers,
including as much of the following material as the Township Engineer
shall deem necessary for a complete consideration of the matter by
the Board:
(a)
Plans in triplicate drawn to scale, showing the nature, location,
dimensions and elevations of the lot and existing and proposed uses;
photographs showing existing uses and vegetation; soil types and other
pertinent information.
(b)
A series of cross sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel or the lake or pond
bottom and the 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,
fillings, dredging, grading, 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.
(4)
The Zoning Hearing Board concludes that the requested variance will
not substantially violate any of the objectives and the intent of
this chapter.
(5)
That the variance, if authorized, will represent the minimum variance
that will afford reasonable relief to the property owner under the
regulations of this chapter. If it should become necessary to grant
any variance, the applicant shall be required to comply with all applicable
requirements of the National Flood Insurance Program Regulations (60.3a.
through 60.3d.), including the requirements for elevation, floodproofing,
and anchoring.
(6)
In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare, and to achieve the
objectives of this chapter.
(8)
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will: (i) neither result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense; nor (ii)
create nuisances, cause fraud on, or victimize the public, or conflict
with any other applicable state or local ordinances and regulations.
(9)
A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency.
(10)
No variance shall be granted for any construction, development,
use or activity within any AE area that would, together with all other
existing and anticipated development, increase the base flood elevation
more than one foot at any point within the entire Township.
(11)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the base flood.
(12)
Partially enclosed space below the lowest floor (excluding basement)
to 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 "partially enclosed space" also includes crawl spaces.
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.
|
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the base flood.
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G.
Building permits. Building permits shall be required before any construction,
earthmoving or disturbance, or development is undertaken within any
identified floodplain area of the Township.
(1)
The Floodplain Administrator shall issue a building permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this chapter and all other
applicable codes and ordinances.
(2)
Prior to the issuance of any building 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)
Application procedures and requirements.
(a)
Application for such a building permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township and in accordance with the procedures established in Article XXVIII of this chapter.
(b)
When any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
building permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the determination in Subsection G(3)(b) above:
[1]
A completed building permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date.
[b]
Topographic contour lines.
[c]
All property and lot lines including dimensions,
and the size of the site expressed in acres or square feet.
[d]
The location of all existing and proposed buildings,
structures and other improvements, including the location of any existing
or proposed subdivision and land development.
[e]
The location of all existing streets, drives, and
other accessways.
[f]
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.
[g]
Site location, including address.
[h]
Brief description of proposed work and estimated
cost, including a breakout of the flood-related cost and the market
value of the building before the flood damage occurred.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
[b]
The elevation of the base flood.
[c]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[d]
Detailed information concerning any proposed floodproofing
measures.
[4]
The following data and documentation. 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 a base flood. Such statement shall include a description of the
type and extent of floodproofing measures that have been incorporated
into the design of the structure and/or the development.
(4)
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Floodplain Administrator for possible incorporation into the proposed
plan.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals,
including, but not limited to, the Township Planning Commission and
the Township Engineer, for review and comment.
H.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in identified floodplain areas
where base flood elevation data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision.
I.
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)
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.
A.
The owner of any property located within the FPC Floodplain Conservation
District must advise prospective purchasers and/or lessees that the
lot is located either entirely or partially, as the case may be, in
the floodplain.
B.
Before settlement or change in use, as the case may be, the purchaser
or lessee shall signify in writing that he or she has been advised
that the premises lies partially or entirely in the floodplain, and
a signed copy of such signification shall be delivered to the Township
by the owner.
This article supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that these provisions are more restrictive.
