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 Council
of the Peters Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
In the interest of the public health, safety and welfare, the
purpose of these controls is to protect areas of the floodplain subject
to and necessary for floodwaters; to permit and encourage the retention
of open land uses which will be so located and designed as to constitute
a harmonious and appropriate part of the physical development of the
municipality as provided for in the Comprehensive Plan; and to continue
Peters Township's continued eligibility in the National Flood Insurance
Program. In advancing these principles and the general purposes of
the Zoning Ordinance and Comprehensive Plan, the specific intent of
these controls is to:
A.
Combine with present zoning requirements, certain restrictions made
necessary for the floodplains to promote the general health, welfare
and safety of the community;
B.
Prevent the erection of structures in areas unfit for human usage
by reason of danger from flooding, unsanitary conditions or other
hazard;
C.
Minimize danger to public health by protecting the water supply and
promoting safe and sanitary drainage;
D.
Reduce the financial burdens imposed on the community, its governmental
units and its individuals by frequent and periodic floods and overflow
of lands;
E.
Permit certain uses which can be appropriately located in the floodplain
as herein defined and which will not impede the flow of floodwaters,
or otherwise cause danger to life and property at, above, or below
their locations along the floodway;
F.
Permit only those uses in the floodplain compatible with the preservation
of natural conditions which are conducive to the maintenance of constant
rates of water flow throughout the year by: withholding rapid water
runoff contributing to downstream flooding; and providing area for
groundwater absorption for maintenance of the subsurface water supply;
and
G.
Preserve the flood-carrying capacity of the natural drainageways,
particularly during major rainfall events.
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within any flood-prone area in Peters Township unless a permit
has been obtained from the Floodplain Administrator.
B.
A permit shall not be required for minor repairs to existing buildings
or structures.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter the more restrictive
shall apply.
As used in this part, the following terms shall have the meanings
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 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:
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
Structures for which the start of construction commenced
on or after November 1, 1979, 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.
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 a temporary
living quarters for recreational, camping, travel, or seasonal use.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. 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 manufacture 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
dimension of the building.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
(or repetitive loss when a repetitive loss provision is used) regardless
of the actual repair work performed. The term does not, however, include
either:
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;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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.
[Amended 5-13-2019 by Ord. No. 841]
The Township Engineer within Peters Township is hereby appointed to administer and enforce this Part 11 and is referred to herein as the "Floodplain Administrator."
A.
The identified floodplain area shall be any areas of Peters Township
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated September 30, 2015, and issued by the Federal Emergency Management
Agency (FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
B.
The areas considered to be flood-prone within Peters Township are
those areas identified as floodplain areas as well as any area adjacent
or near to a watercourse having a drainage area of 100 acres or more.
C.
The above-referenced FIS and FIRMs and any subsequent revisions and
amendments are hereby adopted by Peters Township and declared to be
a part of this chapter.
D.
Current Flood Insurance Rate Maps (FIRMs) are available for inspection
at the Township offices. For the purpose of these controls the following
nomenclature is used in referring to the various kinds of flood-prone
areas in the FIRM and FIS issued by the FEMA:
(1)
Zone A: the flood insurance rate zone that corresponds to the
one-percent annual chance floodplains that are determined in the FIS
report by approximate methods. Because detailed hydraulic analyses
are not performed for such areas, no base (one-percent annual chance)
flood elevations (BFEs) or depths are shown within this zone.
(2)
Zone AE: the flood insurance rate zone that corresponds to the
one-percent annual chance floodplains that are determined in the FIS
report by detailed methods. Whole foot BFEs derived from the detailed
hydraulic analyses are shown at selected intervals within this zone.
A.
To determine the one-hundred-year flood elevation for these areas,
the elevation at a given point on the boundary of the identified flood-prone
area(s) which is nearest the construction site in question will be
used. In helping to make this necessary elevation determination, other
sources of data where available shall be used, such as:
B.
In lieu of the above, the Township shall require the applicant to
determine the elevation with hydrologic 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.
The identified floodplain area may be revised or modified by
the Council of Peters Township 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 FEMA. Additionally, as soon as practicable, but not later than
six months after the date such information becomes available, a community
shall notify the FEMA of the changes by submitting technical or scientific
data.
Should a dispute arise concerning the identification of any
flood-prone area, an initial determination shall be made by the Building
Inspector or Zoning Officer, and any aggrieved by such decision may
appeal to the Zoning Hearing Board. The burden of proof shall be on
the appellant.
In the identified flood-prone area(s), the development and/or
use of any land shall be permitted, provided that the development
and/or use adheres to the restrictions and requirements of all other
applicable codes and ordinances in force in Peters Township and shall
be limited to the following (listed in general order of appropriateness):
A.
Wildlife sanctuary, woodland preserve, arboretum.
B.
Game farm, fish hatchery (excluding rearing structures), hunting
and fishing reserves.
D.
Harvesting of any wild crops, such as marsh hay, ferns, moss, berries
or wild rice.
E.
Outdoor plant nursery; orchard.
F.
Pasture; grazing land.
G.
Recreation use, such as: park, day camp, picnic grove, golf course,
hunting, fishing and boating club, excluding structures. The parking
of recreational vehicles within the floodplain shall be allowed, provided
that they are elevated and anchored or on the site for less than 180
consecutive days. All recreational vehicles parked within the floodplain
must be fully licensed and highway ready.
H.
Outlet installations for sewage treatment plants, sealed public water
supply wells.
I.
Utility transmission lines; storm and sanitary sewer lines.
J.
Paved parking lots.
K.
Accessory uses customarily incidental to any of the foregoing permitted
uses, when approved by the Peters Township Planning Commission.
A.
Within any identified floodplain area, any new structures or substantial improvements shall be prohibited, including mobile homes, except for flood retention dams, culverts, and bridges as approved by the Department of Environmental Protection and Department of Community and Economic Development, Commonwealth of Pennsylvania, and the Council of Peters Township. (See § 440-1010). If application for a variance to allow new construction or substantial improvements in the identified floodplain area is made, the provisions of § 440-1116 must be met.
B.
The filling of floodplains or the removal of topsoil;
C.
Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or
materials, and paved or all-weather parking lot; and
D.
On-site sewage disposal systems.
E.
In accordance with the administrative regulations promulgated by
the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any Identified Floodplain Area unless a
special permit has been issued by the Peters Township:
A.
Within any identified floodplain area, no new construction, development,
use, activity, or encroachment of any kind shall be allowed, unless
the minimum standards listed below are met.
B.
The following minimum standards shall apply for all construction
proposed to be undertaken within any identified flood-prone area.
(1)
Grading. No grading or filling in the floodplain area shall
be permitted which would cause a rise in the one-hundred-year flood
height at any point on adjacent properties or cause a rise in the
one-hundred-year flood height of more than one foot at any point on
the subject property. Hydrologic and hydraulic analyses regarding
flood height must be performed by a registered professional engineer
and be performed in accordance with standard and accepted engineering
practice. Following grading, any earth shall be compacted to provide
the necessary permeability and resistance to erosion, scouring, or
settling, and the area promptly seeded.
(3)
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities, and private package sewage 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.
(4)
Water facilities. All new or replacement 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.
(5)
Utilities. All utilities, such as gas lines, electrical and
telephone systems, being placed in identified flood-prone areas should
be located, elevated (where possible) and constructed to minimize
the chance of impairment during a flood.
(6)
Outdoor storage. No materials that are buoyant, flammable, explosive,
or in times of flooding could be injurious to human, animal or plant
life shall be stored below the regulatory flood elevation.
(7)
Structures:
(a)
Structures will be anchored to prevent floatation, collapse,
or lateral movement;
(b)
Building materials are flood-resistant;
(c)
Appropriate practices that minimize flood damage have been used;
and
(d)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
After review by the Peters Township Planning Commission (for
everything other than a single-family residence) and other appropriate
officials as may be deemed necessary by the Building Inspector and
Zoning Officer, any building within the floodplain constructed prior
to the original enactment of these controls (November 1, 1979) may
be altered or extended provided that:
A.
Any construction within any floodplain, the lowest floor (including basement) of any new or improved structures shall be at least 1 1/2 feet above the one-hundred-year flood elevation, or if a nonresidential structure, be flood-proofed in accordance with § 440-1011. Following construction, documentation of the as-built floor elevation of any building alteration or extension shall be provided to the Peters Township Zoning Officer by way of a FEMA elevation certificate or other acceptable means.
B.
The alteration or extension conforms to all applicable regulations
of this chapter.
C.
Any increase in volume or area shall not exceed an aggregate of more
than 25% of such volume or area during the life of the structure;
and
D.
No increase in any on-lot sewer system presently located either wholly
or partially in the floodplain shall be required.
All plans for development or use within the floodplain, with
the exception of expansion of existing single-family dwellings, shall
be subject to the approval of the Peters Township Planning Commission.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
The granting of a zoning permit of any kind in any floodplain district
shall not constitute a representation, guaranty or warranty of any
kind by the Township, or by an official or employee thereof, of the
practicability or safety of any structure, use or other plan proposed,
and shall create no liability upon, or a cause of action against such
public body, official or employee for any damage that may result pursuant
thereto.
In addition to the standards set forth in § 440.903
for the granting of variances, the following shall apply if a variance
is requested in a flood-prone area:
A.
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
B.
No variance shall be granted for any construction, development, use,
or activity within any special flood hazard area that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point on the subject
property or cause a rise in the one-hundred-year flood height at any
point on an adjacent property.
C.
All applications for a variance shall include plans of all proposed
buildings, structures and other improvements, drawn at suitable scale,
showing the proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988 and the elevation
of the base flood.
D.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider that the granting of the variance will not result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on, or victimization of the public, or conflict with any
other applicable local or state ordinance and regulations.
E.
Whenever a variance is granted for any construction within any floodplain,
the lowest floor (including basement) of any new or improved structures
shall be at least 1 1/2 feet above the one-hundred-year flood
elevation, or, if a nonresidential structure, be flood-proofed in
accordance with this chapter. Following construction, documentation
of the as-built floor elevation of any building alteration or extension
shall be provided to the Peters Township Zoning Officer by way of
a FEMA elevation certificate or other acceptable means.
F.
Structures involving production or storage of dangerous materials and substances. In accordance with the Pennsylvania Flood Plain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of Subsection F in addition to all other applicable provisions. The following materials and substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
G.
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection F above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
H.
Within any floodway area, any structure of the kind described in Subsection F above, shall be prohibited. Where granted by variance within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection F above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation.
I.
Where granted by variance within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in Subsection F above, shall be:
J.
Any such structure, or part thereof, that will be built below the
regulatory flood elevation shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations" (United States Army Corps
of Engineers, June 1972, as amended March 1992), or with some other
equivalent watertight standard.
K.
Whenever a variance is granted, that the Zoning Hearing Board shall
notify the applicant in writing that the granting of the variance
may result in increased premium rates for flood insurance and that
such variances may increase the risks to life and property.
B.
Stream encroachment of natural watercourses.
(1)
Any stopping up, filling up, confining, paving, filling next
to, changing of embankments or any other interference with or change
of the course of any drain, ditch, stream, or watercourse must be
preceded by application for plan review and a permit from the Zoning
Officer and conducted in accordance with this chapter and applicable
state and federal statutes.
(2)
Any encroachment into a regulatory floodway which would cause
any increase in the base flood elevation is prohibited. Hydrologic
and hydraulic analyses performed in accordance with standard and accepted
engineering practice must be submitted by the applicant to demonstrate
that the proposed encroachment will not increase base flood elevations
during the base flood discharge.
(3)
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 been first obtained
from the Department of Environmental Protection.
(4)
The Township Engineer shall be notified 48 hours in advance
of the commencement of the work in order that provision may be made
for proper inspection thereof. Samples of materials and every reasonable
facility for ascertaining whether the work is in conformity with this
chapter shall be furnished to the employees of the Township in the
same manner as is required of contractors under the terms of the state
highway specifications.
(5)
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community and Economic Development shall be notified
by the Township prior to any alteration or relocation of any watercourse.
C.
Stormwater management requirements.
(1)
All uses or lots in all zoning districts shall comply with the
standards of the Peters Township Stormwater Management Ordinance.
(2)
It shall be unlawful for a property owner to divert and/or concentrate
stormwater drainage from the surface, roof drains, French drains or
impervious area (driveways, sidewalks, tennis courts, sport court,
etc.) onto an adjacent property other than into a natural watercourse,
channel, storm drainage easement or public storm sewer system. If
it is not possible to discharge or direct stormwater runoff to a natural
watercourse, channel, storm drainage easement or public storm sewer
system, the property owner shall manage stormwater runoff so as not
to create a concentrated flow or create erosion or water damage on
an adjacent property.
(3)
All sites, lots, or properties shall be graded to provide positive
drainage away from structures. All sites, lots or properties shall
provide drainage facilities including swales to adequately handle
surface runoff and convey it to the nearest suitable outlet, such
as curbed street, natural watercourse, channel or storm sewer system.
Where drainage swales are used to divert surface runoff, the swale
shall be stabilized with appropriate lining to ensure than no accelerated
erosion occurs. If it is not possible to discharge or direct stormwater
runoff to a natural watercourse, channel, storm drainage easement
or public storm sewer system, the property owner shall manage stormwater
runoff so as not to create a concentrated flow or create erosion or
water damage on an adjacent property.
