[Added 6-12-2018 by Ord. No. 2018-03]
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this chapter prior to the submission, review, and approval of any applicable application for a zoning or building permit.
[Added 8-8-2017 by Ord. No. 2017-05[1]]
A. 
General provisions.
(1) 
Intent. The intent of this article is to:
(a) 
Promote the general health, welfare, and safety of the community.
(b) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c) 
Minimize danger to public health by protecting water supply and natural drainage.
(d) 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
(e) 
Comply with federal and state floodplain management requirements.
(2) 
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the identified floodplain area of West Bradford Township unless a permit has been obtained from the Floodplain Administrator.
(3) 
Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
(4) 
Warning and disclaimer of liability.
(a) 
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on accepted 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 article 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) 
This article shall not create liability on the part of the West Bradford Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
B. 
Administration.
(1) 
Designation of the Floodplain Administrator.
(a) 
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:
[1] 
Fulfill the duties and responsibilities set forth in these regulations;
[2] 
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
[3] 
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.
(b) 
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.
(c) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager.
(2) 
Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of the West Bradford Township.
(3) 
Duties and responsibilities of the Floodplain Administrator.
(a) 
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.
(b) 
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);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(c) 
In the case of existing structures, prior to the issuance of any development/ permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement 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.
(d) 
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.
(e) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article.
(f) 
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 report such fact to the Board of Supervisors for whatever action it considers necessary.
(g) 
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.
(h) 
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.
(i) 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain administrator/manager.
(j) 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof, as adopted by the Commonwealth of Pennsylvania.
(4) 
Application procedures and requirements.
(a) 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by West Bradford Township. Such application shall contain the following:
[1] 
Name and address of applicant.
[2] 
Name and address of owner of land on which proposed construction is to occur.
[3] 
Name and address of contractor.
[4] 
Site location, including address.
[5] 
Listing of other permits required.
[6] 
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.
[7] 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(b) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[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;
[3] 
Adequate drainage is provided so as to reduce exposure to flood hazards;
[4] 
Structures will be anchored to prevent floatation, 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 above determination:
[1] 
A completed 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, if available;
[c] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[d] 
The location of all existing streets, drives, and other accessways; and
[e] 
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.
[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] 
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:
[i] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[ii] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[iii] 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area will not increase the base flood elevation at any point.
[iv] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[v] 
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.
[vi] 
Detailed information needed to determine compliance with subsequent sections of this article regarding storage, and development which may endanger human life, including:
[A] 
The amount, location and purpose of any materials or substances referred to such sections 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 during a base flood.
[C] 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
[D] 
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.
(d) 
Applications for permits shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
(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 (e.g., planning commission, municipal engineer, etc.) for review and comment.
(6) 
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 the Floodplain Administrator for consideration.
(7) 
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.
(8) 
Start of construction.
(a) 
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.
(b) 
The actual start of construction 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/ 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.
(c) 
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.
(9) 
Enforcement, administration and penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the municipality shall be subject to the administrative and enforcement provisions of Articles XIII and XIV of the Zoning Ordinance. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the Board to be a public nuisance and abatable as such.
(10) 
Appeals.
(a) 
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.
(b) 
Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with Article XIV of this Zoning Ordinance and the Pennsylvania Municipalities Planning Code.
(c) 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[5]
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
C. 
Identification of floodplain areas.
(1) 
Identification.
(a) 
The identified floodplain area shall be any areas of West Bradford 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.
(b) 
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by West Bradford Township and declared to be a part of the Zoning Ordinance.
(2) 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(a) 
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.
[1] 
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.
[2] 
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
(b) 
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.
[1] 
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.
[2] 
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.
[a] 
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[b] 
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.
(c) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for-which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(d) 
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the HS. 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.
(e) 
In lieu of the above methods, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(3) 
Changes in identification area. 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 to the identified floodplain 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, a community shall notify FEMA of the changes to the identified floodplain area by submitting technical or scientific data.
(4) 
Boundary disputes.
(a) 
Should a dispute concerning any identified floodplain area boundary arise, an initial determination shall be made by the Floodplain Administrator, with input from the Township Engineer, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(b) 
With regard to fees for processing disputes to the identified floodplain area boundary, the applicant shall pay all fees for processing applications, FEMA costs, all engineering costs, and shall reimburse the Township for all reviews and reports prepared by the Township Engineer in reviewing the dispute to the flood hazard district boundary.
(5) 
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 CFR 44 60.3.
D. 
Technical provisions.
(1) 
General.
(a) 
Alteration or relocation of watercourse.
[1] 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection regional office.
[2] 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
[3] 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(b) 
When West Bradford Township proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones Al-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the applicant shall (as per 44 CFR Part 65.12):
[1] 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[2] 
Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, the Township shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
[3] 
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(c) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.
(d) 
Permitted uses. The following uses, and no others, shall be permitted within the identified floodplain area to the extent that they are not prohibited by any other section of this article, and provided that they do not require structure, fill or storage of materials or equipment.
[1] 
Agriculture uses, excluding structures, such as farming, cultivation and harvesting of crops according to recognized soil conservation practices which shall in no case cause alluvial deposits to build up in watercourses or cause undue erosion to the flood hazard district.
[2] 
Pasture and grazing land, excluding structures.
[3] 
Outdoor plant nursery or orchard, excluding structures.
[4] 
Forestry, lumbering and reforestation, according to recognized soil conservation practices, excluding storage and mill structures.
[5] 
Recreation uses, such as park, day camp, picnic grounds, tent camping, golf course, hiking and riding trails, hunting, fishing and swimming areas, excluding structures with the exception of anchored picnic tables.
[6] 
Game farm and fish hatchery, excluding structures.
[7] 
Wildlife sanctuary, woodland or nature preserves and arboretum, excluding structures.
(e) 
Special exception uses. The following special exception uses shall be permitted in the identified floodplain area only when authorized by special exception as granted by the Zoning Hearing Board.
[1] 
As an area comprising no more than 1/4 of the required minimum lot area for any lot contiguous to the identified floodplain area, provided that no building or structure and no sanitary drainage field shall be placed within the identified floodplain area. Inclusion of identified floodplain area land within the lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the specific intent of this article and with any other pertinent municipal regulation. If such compliance cannot be shown, the land area within the identified floodplain area shall not be calculated for purposes of determining lot areas or yard requirements.
[2] 
Roads and parking areas to serve other permitted uses in the identified floodplain area or where required by the regulations for any contiguous district.
[3] 
Utility transmission lines.
[4] 
Storm and sanitary sewers and sewage pumping stations.
[5] 
Sealed water supply wells and water pipelines.
[6] 
Dams, culverts, bridges and impoundment basins approved by the Commonwealth of Pennsylvania Department of Environmental Protection and the Natural Resources Conservation Service of the United States Department of Agriculture and any other governmental agency having regulatory or advisory jurisdiction over the watershed in question.
[7] 
Grading, provided that the effect is not to alter the effective cross-sectional profile of the stream basin, including the floodplain, at the point of the proposed use, provided that a detailed engineering study shall accompany any application for a special exception on this ground and must be approved by the Commonwealth of Pennsylvania Department of Environmental Protection, the Natural Resources Conservation Service of the United States Department of Agriculture and any other governmental agency having regulatory or advisory jurisdiction.
(2) 
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited unless allowed as a permitted use, by special exception or by variance. For any such allowed new construction or substantial improvements in the identified floodplain area, the following provisions apply:
(a) 
Residential structures.
[1] 
In AE, Al-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[2] 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this article.
[3] 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
[4] 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
(b) 
Nonresidential structures.
[1] 
In AE, Al-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the Regulatory Flood Elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[a] 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[b] 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[2] 
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this article.
[3] 
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.
[4] 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
[5] 
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[a] 
An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
[i] 
Mechanical equipment such as sump pumps and generators;
[ii] 
Flood shields and closures;
[iii] 
Walls and wall penetrations; and
[iv] 
Levees and berms (as applicable).
[b] 
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:
[i] 
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[ii] 
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.
[iii] 
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.
[iv] 
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.
[v] 
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.
[6] 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.
(c) 
Space below the lowest floor.
[1] 
Fully enclosed space below the lowest floor (including basements) is prohibited.
[2] 
Partially 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.
[3] 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.
[b] 
The bottom of all openings shall be no higher than one foot above grade.
[c] 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(d) 
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(3) 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a) 
Fill. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply:
[1] 
If fill is used, it shall:
[a] 
Extend laterally at least 15 feet beyond the building line from all points;
[b] 
Consist of soil or small rock materials only, sanitary landfills shall not be permitted;
[c] 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[d] 
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
[e] 
Be used to the extent to which it does not adversely affect adjacent properties.
(b) 
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.
(c) 
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 identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
[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.
(d) 
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.
(e) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f) 
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 the subsequent section entitled "Development which may endanger human life," shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g) 
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.
(h) 
Anchoring.
[1] 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[2] 
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.
(i) 
Floors, walls and ceilings.
[1] 
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.
[2] 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3] 
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.
[4] 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(j) 
Paints and adhesives.
[1] 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
[2] 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3] 
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.
(k) 
Electrical components.
[1] 
Electrical distribution panels shall be at least three feet above the base flood elevation.
[2] 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(l) 
Equipment.
[1] 
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist floatation, collapse, and lateral movement.
[2] 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(m) 
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.
(n) 
Uniform Construction Code coordination.
[1] 
The Standards and Specifications contained in 34 Pa. Code (Chapters 401 through 405), as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and supplement the requirements of this article.
[2] 
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sect. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[3] 
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
(4) 
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in the subsection below shall be prohibited:
(a) 
In accordance with the Pennsylvania Flood Plain Management Act,[6] 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 prohibited. The following list of 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.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
(5) 
Special requirements for subdivisions and development. 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 (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(6) 
Special requirements for manufactured homes.
(a) 
Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply:
(b) 
Within any identified floodplain area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(c) 
Where permitted by variance within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
[1] 
Placed on a permanent foundation;
[2] 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation;
[3] 
And anchored to resist flotation, collapse, or lateral movement.
(d) 
Equipment requirement.
[1] 
Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist floatation, collapse, and lateral improvement.
[2] 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(e) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto and 34 Pa. Code Chapter 401 through 405 shall apply.
(f) 
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 Pa. Code, as amended, where appropriate and/ or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
(7) 
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. However, if a variance is obtained in accordance with required criteria, then the following provisions apply:
(a) 
Recreational vehicles in Zones A, A1-30, AH and AE must either:
[1] 
Be on the site for fewer than 180 consecutive days; and
[2] 
Be fully licensed and ready for highway use; or
[3] 
Meet the permit requirements for manufactured homes.
E. 
Prohibited activities.
(1) 
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[7] the following activities shall be prohibited within any identified floodplain area:
(a) 
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
[1] 
Hospitals.
[2] 
Nursing homes.
[3] 
Jails or prisons.
(b) 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
F. 
Existing structures in identified floodplain areas.
(1) 
Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply to such improvements.
(2) 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area/district that would cause any increase in BFE.
(b) 
No expansion or enlargement of an existing structure, shall be allowed within an AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE 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 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
(d) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(e) 
Within any floodway area/district, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(f) 
Within any AB Area/District without floodway, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
(g) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
G. 
Variances.
(1) 
General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the West Bradford Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2) 
Variance procedures and conditions. Requests for variances shall be considered by the West Bradford Township Zoning Hearing Board in accordance with the procedures contained in Article XIV of the Zoning Ordinance, and the following:
(a) 
No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
(b) 
No variance shall be granted for any construction, development, use, or activity within any AB Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated as prohibited activities or to development which may endanger human life.
(d) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(e) 
In granting any variance, the West Bradford Township 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 article.
(f) 
Whenever a variance is granted, the West Bradford Township Zoning Hearing Board shall notify the applicant in writing that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variances may increase the risks to life and property.
(g) 
In reviewing any request for a variance, the West Bradford Township Zoning Hearing Board shall consider, at a minimum, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will:
[a] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[b] 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(h) 
A complete record of all variance requests and related actions shall be maintained by the West Bradford Township Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(3) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
H. 
Definitions.
(1) 
General. Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application.
(2) 
Specific definitions.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, Al-I, Al-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/ or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(a) 
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;
(b) 
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;
(c) 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(d) 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
[1] 
By an approved state program as determined by the Secretary of the Interior; or
[2] 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
An umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective start date of this floodplain management section and includes any subsequent improvements to such structures. Any construction started after July 16, 1981, and before the effective start date of this floodplain management section is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
Is a structure for which construction or substantial improvement occurred after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map (FIRM) dated July 16, 1981, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
Is a structure for which construction or substantial improvement occurred on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map (FIRM) dated July 16, 1981, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(a) 
Built on a single chassis;
(b) 
Not more than 400 square feet, measured at the largest horizontal projections;
(c) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(d) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks/ subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, Al A30, AE, Ac99, or, AH.
START OF CONSTRUCTION
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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or cumulative substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VIOLATION
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.
[1]
Editor's Note: This ordinance also repealed former § 450-59, Flood hazard overlay district, as amended, and amended the title of this article, which was formerly Natural Resources Overlay District.
[Amended 9-10-2013 by Ord. No. 2013-04; 6-12-2018 by Ord. No. 2018-03]
A. 
Findings of fact.
(1) 
Within certain developments, density provisions have been met by setting aside certain land as open space. In some instances, that land has been designated as either dedicated or nondedicated open space or area.
(2) 
Within certain developments, certain areas have been reserved or used for stormwater management to minimize the effect of stormwater from impervious areas created by the development.
(3) 
Within certain developments, certain areas have been reserved from building lots in order to preserve natural features, such as but not limited to, steeply sloped areas, wetlands, flood hazard areas and forested areas.
(4) 
Within certain developments, land has been preserved to allow for development in other areas.
(5) 
Within certain developments, portions of the tract have been reserved to promote land conservation, protect viewsheds and provide for protection of other environmentally sensitive and important areas; in doing this, these areas have remained open and undeveloped.
B. 
Intended purpose. It is the purpose of this section to promote the public health, safety and general welfare and to prevent overuse of certain land areas, minimize stormwater runoff and degradation of environmentally sensitive areas, preserve viewsheds and to prevent the erection of buildings and other structures which have been deemed inappropriate through prior reservation of land areas as described hereinabove. In furthering that purpose, the specific intent of this section is:
(1) 
To regulate or prevent the erection of buildings and other structures in order to protect environmentally sensitive areas, protect viewsheds; prevent the accumulation of additional stormwater drainage, unsanitary drainage conditions and related hazards.
(2) 
To protect public health by preventing overburdening of streams and stormwater collection systems and causing the failure of existing stormwater management systems and areas.
(3) 
To protect the public from overuse of areas previously determined by action of the Board of Supervisors to be worthy of protection and necessary for the overall reasonable development of the community; to preserve property values and prevent blight.
C. 
Open space areas within the Township are described and defined as:
(1) 
Any area not used for building lots in a subdivision wherein the lot size, layout and density of the developed area is determined by providing open areas instead of providing larger lot area. These areas may be designated as dedicated or nondedicated open space.
(2) 
Any area not part of a building lot in a subdivision that has or is being utilized for stormwater management purposes.
(3) 
Any area or lot that has, through a subdivision process, been reserved for limited use and/or limited number of dwellings units. These areas would have, as specified in the subdivision documents and created by the subdivision or land development process, an easement or other documentation to provide notice to others that the property has reservations on its use, which reservations may also include a conservation easement in favor of a named conservation organization. The area could also be restricted by language in the deed styled as a deed restriction against further subdivision and/or limiting the use. This may sometimes be referred to as a "conservation lot."
(4) 
Any area that has been set aside within a lot area through the subdivision process that is shown on the plan to be restricted open space or otherwise shown as open space or beyond the limits of disturbance.
(5) 
Any area that is within a cul-de-sac bulb and not part of a building lot.
D. 
Compliance. No structure shall be located within this area, and no land shall be used without full compliance with the terms of this section and other applicable regulations. The permitted uses herein shall not be in addition to any regulations or restrictions created by subdivision or land development approval. If any lands are determined to not be regulated by this section, the land shall be deemed to continue under the uses, privileges and restrictions enumerated in the applicable zoning district.
E. 
Uses and structures. Within open space areas, all uses not allowed as permitted uses (as set forth below) shall be prohibited.
(1) 
Permitted uses. The following uses and no others shall be permitted within the open space areas to the extent they are not prohibited elsewhere in this chapter:
(a) 
Agriculture uses such as farming, cultivation and harvesting of crops, except if prohibited in the principal district on which the overlay district extends, according to recognized soil conservation practices and good farming practice to prevent the overgrazing of pasture and/or the erosion of soil and to benefit the proper management of stormwater on the site.
(b) 
Outdoor plant nursery or orchard, when a proper management process is used to control erosion and contamination from herbicides and pesticides.
(c) 
Wildlife sanctuary, woodland or nature preserve and arboretum, excluding structures.
(d) 
Recreation uses, such as park, picnic grounds, tent camping, golf course, hiking and biking trails, hunting, fishing and swimming areas, excluding aboveground structures with the exception of picnic tables and open-sided pavilions not exceeding 400 square feet in roof area.
(e) 
Forestry subject to the provisions of § 450-71 of this chapter.
(f) 
Land application of treated wastewater or partially treated wastewater when the final renovation of the wastewater is a natural biological process — when part of a municipal wastewater system when operated by West Bradford Township or an authority created by it.
(g) 
Dwelling(s) and other structures, when specifically allowed through an easement document and when allowed by the underlying district; however, this permitted use shall not apply to all property in the district, only as noted herein.
(h) 
Municipal uses.
(i) 
Stormwater management facilities.
(j) 
Underground utilities such as gas pipelines, sanitary sewer, public water, telecommunications and stormwater.
(2) 
Conditional uses. Land application of treated wastewater or partially treated wastewater when the final renovation of the treatment is a natural biological process, when operated by other than a municipal system.
F. 
Maps and delineation of open space areas. Open space areas may be shown on certain maps created and provided by the Township. All open space areas, as defined and described in this chapter and as depicted on final, recorded plans which have been approved by the Township, shall be regulated by this chapter regardless of whether or not they are shown on Township maps.
[Added 6-12-2018 by Ord. No. 2018-03]
A. 
Findings of fact.
(1) 
Wetlands are transition zones where the flow of water, the cycling of nutrients, and the energy of the sun meet to produce a unique ecosystem characterized by hydrology, soils, and vegetation. A wetland may not be wet year-round; in fact, some of the most important are only seasonally wet.
(2) 
Wetlands provide unique and increasingly rare habitat for plants and animals. Wetlands help to absorb and slow floodwaters, and absorb excess nutrients, sediment, and other pollutants before they reach rivers, lakes, and other water bodies.
(3) 
Wetlands have environmental and education value for all Township residents and visitors.
B. 
Intended purpose. It is the purpose of this section to promote the general health, safety and welfare, and to minimize the loss of wetlands within the Township for the value they bring to the Township, as described above in the findings of fact. In furthering that purpose, the specific intent of this section is:
(1) 
To protect wetlands in the Township from disturbance, environmental contamination, or loss.
(2) 
To require applicants to accurately delineate wetlands and to inform the Township of the existence of wetlands on a site proposed for future development.
(3) 
To inform property owners and developers of possible permit and approval requirements of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection when wetlands are present and to inform the Township, for coordination purposes, of such permitting and approval processes.
(4) 
To integrate with floodplain, steeply sloped area, forested riparian buffer, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life and property.
(5) 
To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil runoff into creeks, streams, and rivers due to disturbance or loss of wetlands in the Township.
C. 
Compliance. Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered, including for purposes of access or utility crossings, unless all applicable permits have been obtained from the required governmental entity and a copy thereof submitted to the Township.
D. 
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability (jurisdiction) of state and federal wetland regulations. Any applicant contacted by the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers in regard to wetlands also shall concurrently provide to the Township a copy of such correspondence. Where any applicant alleges that a jurisdictional determination is not required or fails to seek such determination, the Township may nevertheless require the submission of a graphic and narrative wetlands delineation report, consistent with the submission requirements otherwise necessary for submission to federal and state agencies for jurisdictional determination.
E. 
Where permitted subject to applicable regulation and as otherwise provided herein, sewers or other liquid transport pipelines shall only be permitted to cross wetlands on the minimum traversal distance and where every precaution shall be taken to prevent leaks and to prevent any possible draining of the wetland (e.g., water flowing through or along any pipe or trench). At the expense of the applicant, the Township may require periodic inspection of applicable systems and facilities, including, but not limited to, x-ray of steel welds and pressure-testing of pipelines.
F. 
Where a jurisdictional determination or full wetland delineation report is required to comply with state or federal regulations, the applicant shall provide the Township with a full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications, and subject to the following additional requirements/certifications:
(1) 
The Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense;
(2) 
The applicant's hired professional generating the delineation report shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township; and
(3) 
The wetland report submitted to the Township shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.
[Added 6-12-2018 by Ord. No. 2018-03]
A. 
Findings of fact.
(1) 
Riparian buffers, particularly forested buffers, prevent stream bank erosion; protect natural stream morphology (i.e., broad meanders with maximum stream bottom habitat); remove excess nitrogen, phosphorus and sediment from surface water runoff; reduce downstream flooding; provide thermal protection to adjoining streams, wetlands, and water bodies; provide food and habitat for wildlife; provide food and habitat for fish and amphibians; form corridors for habitat conservation and greenways; and protect associated wetlands.
(2) 
Forested riparian buffers in headwaters (first-order streams) generate high levels of organic inputs directly from land to water, which in turn maximize in-stream processing functions that provide the "fuel" needed for downstream energy and nutrient processing.
(3) 
The Township is committed to improving the water quality of its streams, creeks, rivers, and other water bodies and is required by the Federal Environmental Protection Agency and the Pennsylvania Department of Environmental Protection to have a plan for improving water quality and to implement that plan in a timely manner.
B. 
Intended purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize impacts to forested riparian resources. In furthering that purpose, the specific intent of this section is:
(1) 
To conserve, protect, and restore natural riparian resources through scientifically supported processes.
(2) 
To maintain and improve surface water quality by reducing the entry of detrimental substances, including nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and surface and subsurface water bodies.
(3) 
To reduce the entry of detrimental substances by restricting development and uses in riparian areas that intercept surface water runoff, wastewater, subsurface flow and deep groundwater flows from upland sources and where the processes of filtration, deposition, absorption, adsorption, plant uptake, sediment and phosphorus attenuation, denitrification and infiltration may occur; encouraging sheet flow and minimizing, mitigating and preventing concentrated flows of stormwater runoff across riparian areas; and securing increased channel and bank stabilization that avoids stream bank erosion and associated water quality, quantity and flow harms.
(4) 
To reduce adverse aquatic health impacts due to changes in the temperature of receiving waters (both temperature increases and temperature decreases) as a result of stormwater runoff, loss of vegetation shading and direct discharges to water bodies.
(5) 
To enhance in-stream processing of nutrients and pollutants such as pesticides and reduce the downstream movement of pollutants, including a reduction in flooding and reduction of soil loss.
(6) 
To improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
(7) 
To provide wildlife habitat, protect native plant species, and provide opportunities for passive recreation and conserve scenic and recreation areas within and adjacent to riparian areas.
(8) 
To conserve headwater areas, groundwater recharge zones, floodways, floodplains, springs, seeps, streams, wetlands, woodlands, prime wildlife habitats and other features that provide recreational value or contain natural amenities, whether on developed or undeveloped land.
(9) 
To integrate with floodplain, steep slope, wetland, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, property and the environment.
(10) 
To regulate the use, siting, engineering and maintenance of all development to be consistent with the purposes and intent of this section and accepted conservation easement practices and to work with the carrying capacity of existing natural resources.
(11) 
To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil runoff into creeks, streams, and rivers due to disturbance or loss of forested riparian resources in the Township.
C. 
Riparian buffer delineation. The riparian buffer area shall extend a minimum total width of 100 feet from the edge of a water body and is further delineated as follows:
(1) 
The riparian buffer area will begin at each edge of a water body and shall extend landward a minimum width of 100 feet, measured horizontally on a line perpendicular to the nearest edge of the water body, as reviewed and approved by the Township Engineer.
(2) 
There shall be a reduced buffer width for isolated wetlands and water bodies. Wetlands and water bodies not located along a watercourse, where the wetland or water body is greater than 5,000 square feet in area, shall have a minimum buffer width of 50 feet, measured from the edge of the wetland or water body around the entire perimeter.
(3) 
The applicant shall delineate, for the property as a whole, the riparian buffer areas on any plan that is submitted as part of a subdivision and/or land development process.
D. 
Uses permitted and uses expressly prohibited in riparian buffer areas.
(1) 
The following uses or activities are permitted by right in riparian buffer areas:
(a) 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of public and private parklands.
(b) 
Temporary stream restoration projects, stream bank restoration projects and vegetation restoration projects to restore the stream or riparian zone to an ecologically healthy stage utilizing natural channel design practices to the greatest degree possible. The project duration and timing shall be subject to Zoning Officer's approval.
(c) 
Stream crossings for farm vehicles and/or livestock on existing farms if part of a federal, state, and/or county conservation district and/or local nonprofit riparian buffer improvement project.
(d) 
Provision for stone-dust or natural trail and related trail access when resulting in minimum disturbance to existing trees and shrubs.
(e) 
Research and monitoring devices, such as staff gauges, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
(f) 
Within the outer 50 feet of a riparian buffer area, timber harvesting operations, subject to provisions within this chapter regulating such activities.
(2) 
The following uses or activities are permitted if approved by special exception by the Zoning Hearing Board for riparian buffer areas:
(a) 
Structures that, by their nature, cannot be located anywhere except within the riparian buffer. These structures shall include docks, boat launches, public water supply intake structures, facilities for domestic water quality treatment and purification, and public wastewater treatment plant sewer lines and outfalls. The structures shall provide for the minimum practicable disturbance of the riparian buffer by minimizing size and location and by taking advantage of co-location, if possible.
(b) 
Road crossings (when perpendicular to the stream or buffer), bridges, culverts, utilities, and impoundments.
(c) 
Paved trail and related trail access when determined by the Zoning Hearing Board to result in minimum disturbance to existing trees and shrubs.
(d) 
Stormwater conveyance structures and outfalls.
(e) 
The grazing of livestock or growing of agricultural crops, provided existing forested riparian buffers are not removed or otherwise impacted. Such activity shall be restricted to take place only within the outer 50 feet of a riparian buffer area.
(f) 
Any other use or activity permitted in the underlying district, provided that there is no regrading, filling, or alteration within the inner 50 feet of the riparian buffer area, and no more than 20% of the outer 50 feet may be regraded, filled, or otherwise altered or subject to land disturbance. Uses and activities permitted by this provision shall not include the establishment of any impervious surfaces.
(3) 
The following activities or practices are expressly prohibited in the riparian buffer area for all water bodies:
(a) 
Removal or disturbance of vegetation in a manner that is inconsistent with erosion and sedimentation control and riparian buffer protection.
(b) 
Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).
(c) 
Use of fertilizers, pesticides, herbicides, and/or other chemicals, except:
[1] 
Where permitted by a valid conservation plan, forest management plan, or approved planting and maintenance plan as described in this section; or
[2] 
Where utilized by a selective herbicide application by a qualified professional to control noxious weeds and invasive species of plants in riparian buffers.
(d) 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume of vehicles.
E. 
Buffer restoration and planting requirements.
(1) 
To the extent not already occupied by an existing use or a permitted use, all riparian buffer areas shall be continually maintained with a diverse mix of locally adapted, native species of canopy trees, understory trees, shrubs, and herbaceous plants so as to constitute a forested riparian buffer.
(2) 
Restoration to a forested riparian buffer shall not be required for issuance of a building permit for an individual single-family residence or an addition to an existing single-family residence on an existing lot. This exception shall not be used to circumvent restoration requirements applicable to a land development/subdivision project involving two or more lots, including circumstances whereby the project is built in phases over an extended period of time. Restoration to a forested riparian buffer shall also not be required for the construction of an accessory residential structure upon an improved lot, provided that no more than 5,000 square feet of land is being disturbed upon the existing lot as part of such improvement.
(3) 
To the extent not already occupied by an existing use or a permitted use, or as otherwise exempted herein, an applicant shall be required to restore any riparian buffer area upon the subject property to a forested riparian buffer, through invasive plant removal and planting of a diverse mix of native tree and shrub species. Such restoration shall be required as follows:
(a) 
Restoration plantings shall be planted at a density sufficient to provide a minimum of 200 trees per acre at canopy closure. The following tree planting, spacing and maintenance shall apply at installation:
[1] 
Seedlings: ten-foot spacing (approximately 435 seedlings per acre) protected by five-foot tree shelters.
[2] 
Bare-root trees or container trees (at least six feet in height for either): twelve-foot spacing (approximately 300 trees per acre). Tree shelters, perimeter fencing, or wraps are recommended to prevent damage from antler rubbing.
[3] 
Vegetation around tree shelters shall be sprayed or otherwise effectively controlled annually for a minimum of four years. Tree shelters shall be maintained at all times and removed when the tree reaches 1 1/2 inches' to two inches' caliper.
(4) 
Landowners who are enrolled in, and fully in compliance with, the Conservation Reserve Enhancement Program (CREP) administered through their local Farm Service Agency are permitted to utilize their streamside buffer restoration to satisfy the forested riparian buffer restoration requirements of this section for as long as they are enrolled in, and fully in compliance with, that voluntary program.
(5) 
As part of any required buffer restoration process, applicants shall submit and implement a planting and maintenance plan for the riparian buffer area. The plan shall be prepared by a registered landscape architect or professional plant ecologist. The plan shall identify the number, density and species of locally adapted native trees and shrubs appropriate to the site conditions that will achieve a minimum of 60% uniform canopy coverage within 10 years. The plan shall describe the maintenance program to be conducted by the buffer owner for a minimum of five years, including measures to remove, and subsequently control, invasive plant species, limit deer and rodent damage, and replace deceased trees and shrubs for the first four years. Applicants with riparian buffer areas associated with a pending Township application, and which are also enrolled in CREP, shall submit a plan showing the existing or proposed streamside buffer planting that has been approved by the Farm Service Agency.
(6) 
Any riparian buffer that is included within a lot created after the effective date of this section shall include, as a condition of approval of the subdivision creating the lot, a restrictive covenant approved by the Municipal Solicitor and recorded with the final subdivision or land development plan and the deed for the lot. The restrictive covenant shall clearly define the riparian buffer area, shall include binding provisions for the adequate long-term functioning and integrity of the riparian buffer, and shall include a requirement for notification of all subsequent lot owners of its restrictive nature.
[Added 6-12-2018 by Ord. No. 2018-03]
A. 
Findings of fact.
(1) 
Woodlands provide a host of environmental services in the Township, including, but not limited to, stormwater management, wildlife habitat, absorption of carbon and production of oxygen, soil retention, and slope stabilization.
(2) 
Woodlands are a natural resource recommended for protection by the Township's Comprehensive Plan.
(3) 
Hedgerows, although largely introduced during past agrarian activity in the Township, continue to provide windbreaks, wildlife habitat, buffers between different land uses, and scenic benefits to the residents of the Township.
B. 
Statement of intent. It is the purpose of this section to promote the public health, safety and welfare and to minimize disturbance or significant loss of woodlands and hedgerows in the Township. In furthering that purpose, the specific intent of this section is:
(1) 
To regulate or prevent the disturbance or significant loss of woodlands and hedgerows in the Township as a result of land development activity.
(2) 
To provide standards for the disturbance of woodlands and hedgerows, and for the replacement of woodlands when their loss is unavoidable.
(3) 
To integrate with floodplain, steeply sloped area, wetland, forested riparian buffer, and other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, property, and woodlands and hedgerows.
(4) 
To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil runoff into creeks, streams, and rivers due to clearing or disturbance of woodlands and hedgerows in the Township.
C. 
Applicability and disturbance limitations for woodlands and hedgerows.
(1) 
The provisions of this section shall not be held applicable to forestry activities as defined and provided for in this chapter. Activities which fall under the definition of "forestry," including timber harvesting, are exempt from the provisions of this section; however, are subject to the other applicable sections of this chapter.
(2) 
Clearcutting of any woodland area shall be prohibited except to the minimum extent necessary to permit the implementation of an approved land development or building permit.
(3) 
All woodland disturbance shall be subject to the following disturbance limitations beyond which woodland replacement shall be required, subject to any modifications permitted within this section:
(a) 
Permitted woodland disturbance on any lot or tract shall not exceed 10% of any area defined as "forest interior habitat."
(b) 
Permitted woodland disturbance on any lot or tract shall not exceed 20% of any woodland other than forest interior habitat.
(c) 
Disturbance limitations shall be measured based on the extent of the woodland at the time of first submission of applicable application(s) after the adoption of this section and shall be indicated on applicable plan(s). The extent of any area of woodland disturbance shall be measured to include the entire area within the dripline of any tree where any part of the area within the dripline of said tree is subject to woodland disturbance. Any disturbance limitation shall run with the land, once established. Subsequent applications shall be subject to the initial determination of disturbance limitations, regardless of intervening disturbance which may have occurred. If, at any time within three years prior to an applicable application, there had existed a greater extent of woodland, such greater area shall be utilized to calculate the extent of woodland disturbance and the limitations set forth herein.
(4) 
In determining where necessary woodland disturbance shall occur in the context of any building permit or zoning permit application, the applicant shall consider the following:
(a) 
The location(s) and benefit of conservation of healthy, mature woodland stands.
(b) 
The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas. Such impacts must be explicitly assessed in any area designated as one or more of the following:
[1] 
Forest interior habitat.
[2] 
Forested riparian buffers.
[3] 
Rare species site(s).
[4] 
Exceptional natural areas.
(5) 
In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, remaining trees shall be protected from damage. The following procedures shall be utilized during construction in order to protect remaining trees:
(a) 
Where existing trees are to remain, no change in existing grade shall be permitted within the dripline of the trees. Appropriate fencing four feet in height shall be placed at the dripline of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the dripline of any trees to remain.
(b) 
Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.
(c) 
No boards or other material shall be nailed or otherwise attached to trees during construction.
(d) 
Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the driplines of trees to remain.
(e) 
Tree trunks, limbs and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.
(6) 
Woodland replacement. Where subject to modifications to these provisions pursuant to § 450-60.4, woodland disturbance is permitted in excess of the limitations established in Subsection C(3)(a) and (b) above. Replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in Appendix A.2, West Bradford Township List of Approved Plants, attached to this chapter.[1]
(a) 
Required replacement tree calculation based on area of woodland disturbance. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) and (b) above, and regardless of the character and sizes of the disturbed vegetation, one tree at least two to 2 1/2 inches' caliper shall be planted.
(b) 
Replacement tree calculation based on specific tree removal. Regardless of any disturbance allowances, for each tree greater than 12 inches' dbh to be removed, required replacement trees also shall be calculated in accordance with the following schedule. For purposes of this section, it shall be assumed that any tree greater than 12 inches' dbh shall be removed if located within 25 feet of any proposed land disturbance.
For Each Tree to Be Removed
(inches dbh)
Minimum Number and Caliper of Replacement Trees
(inches)
One, 12 to 18
Two, 2 to 2 1/2
One, 18 to 24
Three, 2 to 2 1/2
One, 24 to 36
Four, 2 to 2 1/2
One, greater than 36
Six, 2 to 2 1/2
(c) 
Required replacement shrubs. At a minimum, for each 100 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) or (b) above and regardless of the character and sizes of the disturbed vegetation, one shrub at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement. Shrubs planted in accordance with this requirement may be of restoration quality and not necessarily landscape quality.
(d) 
Required replacement plantings shall be in addition to any required street trees or any other landscape material required under the provisions of this chapter or the Township's Subdivision and Land Development Ordinance.
(e) 
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 450-60.4, required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required, or by vegetation other than trees (e.g., for purposes of reforestation).
(f) 
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 450-60.4, some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.
(g) 
In lieu of actual installation of replacement plantings, the Township may permit any applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, for some or all of the required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings. Where the provisions of this section are otherwise applicable, any grant of approval of modifications requested pursuant to § 450-60.4 also may be conditioned upon the placement of equivalent cash value for otherwise required replacement plantings into such a fund.
(h) 
The locations, selected species and sizes of all replacement plantings, along with a planting schedule tied to the timing, and/or phasing of the development, shall be indicated on the final subdivision/land development plan(s) or building or zoning permit application, as applicable.
(i) 
Required replacement vegetation and their measurements shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown so as to have a high likelihood of survival on the site (e.g., grown specifically for planting in the applicable USDA hardiness zone) and shall be nursery-grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section.
(j) 
Species of replacement plantings selected and planting locations shall reflect careful site evaluation and, in particular, the following considerations:
[1] 
Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils and microclimate.
[2] 
Specific functional and design objectives of the plantings, which may include, but not necessarily be limited to: replacement of woodland area removed, enhancement of existing woodland or old field area(s), reforestation of impacted riparian buffer areas, mitigation of new woodland edge conditions as a result of land disturbance, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats and aesthetic values.
[3] 
Maintenance considerations, such as hardiness, resistance to insects and disease, longevity and availability.
[4] 
Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown, free-fruiting, native trees and shrubs is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland.
(k) 
All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months, or shall be replaced. In addition, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period, and to provide for the removal and replacement of vegetation damaged during construction, based upon the recommendation of the Township Engineer.
(l) 
All applicants shall include, as part of preliminary and final plan submission, where applicable, a plan for the long-term management of any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with this section. Such a plan shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Board of Supervisors the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive vegetation, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance from a qualified professional.
[1]
Editor’s Note: Appendix A.2 is included as an attachment to this chapter.
[Added 6-12-2018 by Ord. No. 2018-03]
A. 
For any use or activity subject to subdivision and/or land development review processes, an applicant may request modifications of the provisions of this article. Requested modifications may be granted at the discretion of the Board of Supervisors, provided waivers related to associated provisions within the Subdivision and Land Development Ordinance are being similarly considered as part of the subdivision and/or land development approval process.
B. 
Applicants shall provide appropriate documentation in support of their modification request, and the Board of Supervisors may request additional documentation of an applicant, or of its municipal consultants, to help reach its decision. In making such decision, the Board of Supervisors shall consider any objection to the granting of any such modification by residents of the Township.