The purpose of these provisions is to prevent the loss of property and life, the protection of health and safety, to prevent the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A. 
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
B. 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
C. 
Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
A. 
These provisions shall apply to all lands within the jurisdiction of the Planning Area and shown as being located within the boundaries of the designated floodplain districts which shall be considered to be a part of the official Zoning Map.
B. 
There is hereby established and approved a map as part of the official Zoning Map of the Planning Area, which is incorporated and made part of this chapter as an overlay district, modifying the provisions of the underlying districts. Said map shall be referred to as the Floodplain Overlay Map, as amended. Said map shall include the Floodway, Floodfringe, and General Floodplain Districts, the delineation of which is defined herein.
No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
A. 
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.
B. 
This article shall not create liability on the article of the Township, or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision.
A. 
The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for the governing body prepared by the Federal Insurance Administration dated August 15, 1979, effective February 15, 1980, as amended.
B. 
The FW (Floodway District) is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood more than one foot at any point. The areas included in this area are defined in the Floodway Data Table contained in the Flood Insurance Study as prepared by FEMA and shown on the recorded FIRM. Where no floodway has been delineated in the FIS, such information contained in any other available federal, state or other acceptable source should be used.
C. 
The FF (Floodfringe District) shall be that area of the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations contained in the flood profiles provided in the FIS. Where elevation information is not provided in the FIS, such information provided in any other available federal, state or other acceptable source should be used.
D. 
The General Floodplain District (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. They are shown on the maps accompanying the FIS prepared by FIA. Where the specific one-hundred-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey, Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance 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 governing body.
A. 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year 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 publication entitled "Floodproofing Regulations" published by U.S. Army Corps of Engineers (June 1972) 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.
B. 
District boundary changes. The delineation of any of the Floodplain Districts may be revised by the Township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
C. 
Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
D. 
Within any identified floodplain district, fully enclosed spaces below the lowest floor of any new or substantially improved structure shall be prohibited.
E. 
All uses, activities and development occurring with any Floodplain District shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Uniform Construction Code, and the local Subdivision and Land Development Ordinance.[1] In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
F. 
Under no circumstance shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
G. 
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Planning Area, a permit shall be obtained from the Department of Environmental Protection, Dam Safety, Obstructions and Storm Water Management Division. Further, notification of the proposal by the Township shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community And Economic Development.
A. 
Floodway District (FW). In the Floodway District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.
B. 
Permitted uses.
(1) 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas, not including buildings related thereto.
C. 
Special exceptions.
(1) 
Essential services.
(2) 
Essential service building.
(3) 
Water-related uses and activities such as marinas, docks, wharves, piers, etc., as an accessory to any principal use permitted within the underlying district.
(4) 
Extraction of sand, gravel, and other materials where permitted within the underlying district.
D. 
Within any identified floodplain district, fully enclosed spaces below the lowest floor of any new or substantially improved structure shall be prohibited.
In the Flood-Fringe District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.
In the General Floodplain Conservation District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.
In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
A. 
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District.
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 the ability of these systems to prevent disease, contamination, and unsanitary conditions.
D. 
The susceptibility of the proposed facility 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 facility to the community.
F. 
The requirements of the facility 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 of 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 Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
M. 
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.
N. 
In considering the presence of a hardship on a subject property, extraordinary justification shall be required for properties over 1 1/2 acres.
The following definitions shall apply to this article:
DEVELOPMENT
Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A. 
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;
B. 
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in this chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW), Flood-Fringe District (FF), and General Floodplain District (FA).
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance).
SUBSTANTIALLY IMPROVED
Any alteration, repair, reconstruction or expansion to a structure existing at the time of this chapter's enactment, the costs of which equals or exceeds 50% of the market value of the existing structure.
A. 
Uses concerning hazardous materials. 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 materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises shall be subject to the provisions of this section, in addition to all other applicable provisions:
(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.
B. 
Within any floodway area, any structure of the kind described in this section shall be prohibited.
C. 
Within any general floodplain area, any structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D. 
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.