[Ord. No. 2-1995, § 1401, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of South Hanover Dauphin County, Pennsylvania does hereby amend Chapter 27, Article XIV, of the Code of Ordinances of the Township in its entirety to provide as follows.
[Ord. No. 2-1995, § 1402, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
1.
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.
[Ord. No. 2-2012, § 2, 4/25/2012]
The Floodplain District shall include the areas identified as
Zones AE and A1-30 in the FIS which are subject to inundation by the
1% annual chance flood event determined by detailed methods and have
base flood elevations (BFEs) shown.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
The following uses are permitted in the Floodplain District:
A.
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticultural, truck farming, forestry, sod farming
and wild crop harvesting.
C.
Other residential uses such as yard areas, gardens, play areas and
parking areas.
D.
Public and private recreational uses and activities such as parks,
day camps, picnic grounds, golf courses, boat launchings, swimming
areas, hiking and horseback riding trails, wildlife and nature preserves,
game farms, fish hatcheries and hunting and fishing areas.
E.
Storage of materials and equipment provided that they are not buoyant,
flammable and explosive and are not subject to major damage by flooding
or provided that such equipment is firmly anchored to prevent flotation
or movement and/or can be readily removed from the area within the
time available after flood warning.
F.
Small structures or accessory buildings generally considered necessary
or incidental to above uses.
[Ord. No. 2-2012, § 2, 4/25/2012]
The height of a building shall be no greater than 35 feet.
[Ord. No. 2-2012, § 2, 4/25/2012]
The lot area and the lot area dwelling unit shall be no less
than one acre.
[Ord. No. 2-2012, § 2, 4/25/2012]
The lot width at the required front building line shall be not
less than 150 feet.
[Ord. No. 2-2012, § 2, 4/25/2012]
[Ord. No. 2-2012, § 2, 4/25/2012]
Total coverage shall not exceed 30% of the lot area. At least
50% of the lot shall be covered with vegetative material.
[Ord. No. 2-2012, § 2, 4/25/2012]
Parking shall be provided in accordance with the provisions of Article XVIII, entitled "off-street parking."
[Ord. No. 2-2012, § 2, 4/25/2012]
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 Township of South Hanover unless
a permit has been obtained from the floodplain administrator.
[Ord. No. 2-1995, § 1403, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
A permit shall not be required for minor repairs to existing
buildings or structures.
[Ord. No. 2-1995, § 1404, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
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.
[Ord. No. 2-1995, § 1405, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the ordinance,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
[Ord. No. 2-1995, § 1406, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
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.
This article shall not create liability on the part of the Township
of South Hanover or any officer or employee thereof for any flood
damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
[Ord. No. 2-2012, § 2, 4/25/2012]
The South Hanover Township Zoning Officer is hereby appointed
to administer and enforce this article and is referred to herein as
the floodplain administrator.
[Ord. No. 2-2012, § 2, 4/25/2012]
A permit shall be required before any construction or development,
including placement of manufactured homes, is undertaken within any
area of the Township of South Hanover.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
The floodplain administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
2.
Prior to the issuance of any permit, the floodplain administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33 U.S.C. § 1344. No permit shall be issued until this
determination has been made.
3.
In the case of existing structures, prior to the issuance of any
development/permit, the floodplain administrator shall review the
history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
4.
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.
5.
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.
6.
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.
7.
The floodplain administrator shall maintain all records associated
with the requirements of this article including, but not limited to,
permitting, inspection and enforcement.
8.
The floodplain administrator shall consider the requirements of 34
Pa. Code and the 2006 IBC and the 2006 IRC, or latest revisions thereof.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Application for such a permit shall be made, in writing, to the floodplain
administrator on forms supplied by the Township of South Hanover.
Such application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location including address.
E.
Listing of other permits required.
F.
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
G.
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
2.
If any proposed construction or development is located entirely or
partially within any 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:
A.
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage;
C.
Adequate drainage is provided so as to reduce exposure to flood hazards;
D.
Structures, including manufactured homes, will be anchored to prevent
flotation, collapse, or lateral movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have been used;
and
G.
Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
3.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the floodplain administrator
to make the above determination:
A.
A completed permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(4)
The location of all existing streets, drives, and other access
ways; and
(5)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation; and
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(3)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an special floodplain area (see § 27-1408.2, Subsection 1B), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
(4)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
(5)
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
E.
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.
[Ord. No. 2-2012, § 2, 4/25/2012]
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the floodplain administrator to
the County Conservation District for review and comment prior to the
issuance of a permit. The recommendations of the Conservation District
shall be considered by the floodplain administrator for possible incorporation
into the proposed plan.
[Ord. No. 2-2012, § 2, 4/25/2012]
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 such as the Township
Planning Commission and Township Engineer for review and comment.
[Ord. No. 2-2012, § 2, 4/25/2012]
After the issuance of a permit by the floodplain administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the floodplain
administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to floodplain administrator for
consideration.
[Ord. No. 2-2012, § 2, 4/25/2012]
In addition to the permit, the floodplain administrator shall
issue a placard 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.
[Ord. No. 2-2012, § 2, 4/25/2012]
Work on the proposed construction or development shall begin
within 180 days after the date of issuance and shall 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 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
poles, 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.
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the floodplain administrator to approve such a request.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Notices. Whenever the floodplain administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the floodplain
administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in writing;
B.
Include the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the ordinance;
C.
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
D.
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
E.
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this article;
F.
Include the name of the owner of record and any other person
against whom the Township intends to take action;
G.
Include the location of the violation;
H.
Include the date before which the steps for compliance must
be commenced and the date before which the steps must be completed;
I.
Include language advising the recipient of the notice that the
recipient has the right to appeal to the Township Zoning Hearing Board
within a prescribed period of time in accordance with the procedures
set forth in this article and the Pennsylvania Municipalities Planning
Code;
J.
Include notice that failure to comply with the notice within
the time specified, unless extended by appeal to the Township Zoning
Hearing Board, constitutes a violation, with sanctions clearly described.
2.
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 of direction of the floodplain administrator
or any other authorized employee of the Township shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. In addition to the above penalties all other
actions at law or in equity 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 and all such persons shall be required to correct or
remedy such violations and noncompliance within a reasonable time.
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 of Supervisors to be a public
nuisance and abatable as such.
[Ord. No. 2-1995, § 1407, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
1.
Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
article, may appeal to the Township Zoning Hearing Board. Such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
2.
Upon receipt of such appeal the Zoning Hearing Board shall set a
time and place within 60 days from the date of receipt of the notice
of appeal, for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be given
to all parties.
3.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief there from by appeal to court, as provided by the
laws of this commonwealth including the Pennsylvania Floodplain Management
Act.
[Ord. No. 2-2012, § 2, 4/25/2012]
The identified floodplain area shall be all areas of South Hanover
Township classified as special flood hazard areas (SFHAs) in the flood
insurance study (FIS) and the accompanying flood insurance rate maps
(FIRMs) dated August 2, 2012 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.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by South Hanover Township and declared
to be a part of this article.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
The identified floodplain area shall consist of the following specific
areas:
A.
Floodway area.
(1)
Description. The area identified as floodway in the FIS which
represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively 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 floodplain areas where no floodway has been identified
in the FIS.
B.
Special floodplain area.
(1)
Description. The areas identified as Zones AE and A1-30 in the
FIS which are subject to inundation by the 1% annual chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
(2)
Special requirements:
(a)
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse.
(b)
In special floodplain areas without a designated
floodway, no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
C.
Approximate floodplain area.
(1)
Description. The areas identified as Zone A in the FIS which
are subject to inundation by the 1% annual chance flood event determined
using approximate methodologies. Because detailed hydraulic analyses
have not been performed, no BFEs or flood depths are shown.
(2)
Special requirements:
(a)
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse.
(b)
When available, information from other federal,
state, and other acceptable sources shall be used to determine the
BFE, as well as a floodway area, if possible. When no other information
is available, the BFE shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the construction
site in question.
In lieu of the above, 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 Township of South Hanover.
D.
Shallow flooding area.
(1)
Description. The areas identified as Zones AO and AH in the
FIS. These areas are subject to inundation by 1% annual chance shallow
flooding where average depths are between one and three feet.
(2)
Special requirements. Establish drainage paths to guide floodwaters
around and away from structures on slopes.
[Ord. No. 2-2012, § 2, 4/25/2012]
The identified floodplain area may be revised or modified by
the Board of Supervisors where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change, approval must be obtained from
the FEMA. Additionally, as soon as practicable, but not later than
six months after the date such information becomes available, a community
shall notify the FEMA of the changes by submitting technical or scientific
data.
[Ord. No. 2-1995, § 1408, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the South Hanover
Township Floodplain Administrator and any party aggrieved by this
decision or determination may appeal to the Township Zoning Hearing
Board. The burden of proof shall be on the appellant.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Alteration or relocation of watercourse.
A.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
B.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood carrying capacity of the watercourse
in any way.
C.
In addition, the FEMA and Pennsylvania Department of Community and
Economic Development, shall be notified prior to any alteration or
relocation of any watercourse.
2.
The floodplain administrator shall submit technical or scientific
data to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE.
3.
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.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Residential structures.
A.
In AE, A1-30, and AH Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
B.
In A Zones, where there [are] no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation in accordance with § 27-1408.2, Subsection 1C(2)(b), of this article.
C.
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.
D.
The design and construction standards and specifications contained
in the 2006 International Building Code (IBC) and in the 2006 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 — 405 as amended) shall
be utilized.
2.
Nonresidential structures.
A.
In AE, A1-30 and AH Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
B.
In A Zones, where there [are] 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 in accordance with § 27-1408.2, Subsection 1C(2)(b), of this article.
C.
In AO Zones, any new construction or substantial improvement shall
have their lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
D.
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. 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.
E.
The design and construction standards and specifications contained
in the 2006 International Building Code (IBC) and in the 2006 International
Residential Code (IRC), or the most recent revisions thereof, and
ASCE 24 and 34 Pa. Code (Chapters 401 — 405 as amended) shall
be utilized.
3.
Space below the lowest floor.
A.
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
B.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot
above grade.
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
4.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
A.
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
B.
Floor area shall not exceed 100 square feet.
C.
The structure will have a low damage potential.
D.
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
F.
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, and similar fixtures and appliances are
prohibited.
G.
Sanitary facilities are prohibited.
H.
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect, or meet
or exceed the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall be no higher than one foot
above grade.
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only — Sanitary
Landfills shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)
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
(5)
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 insure 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 sewage 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 #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 § 27-1409.4, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/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, including manufactured homes,
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.) shall be
finished with a "marine" or "water-resistant" paint or other finishing
material.
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.
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. The Standards and Specifications
contained 34 Pa. Code (Chapters 401 — 405), as amended and not
limited to the following provisions shall apply to the above and other
sections and subsections of this article, to the extent that they
are more restrictive and/or supplement the requirements of this article.
International Building Code (IBC) 2006 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
International Residential Building Code (IRC) 2006 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
In accordance with the Pennsylvania Floodplain Management Act, and
the regulations adopted by the department of community and economic
development as required by the Act, any new or substantially improved
structure which: will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances; shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human life:
• Acetone
• Ammonia
• Benzene
• Calcium carbide
• Carbon disulfide
• Celluloid
• Chlorine
• Hydrochloric acid
• Hydrocyanic acid
• Magnesium
• Nitric acid and oxides of nitrogen
• Petroleum products (gasoline, fuel oil, etc.)
• Phosphorus
• Potassium
• Sodium
• Sulphur and sulphur products
• Pesticides (including insecticides, fungicides, and rodenticides)
• Radioactive substances, insofar as such substances are
not otherwise regulated.
2.
Within any floodway area, any structure of the kind described in Subsection 1 above shall be prohibited.
3.
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection 1 above shall be:
A.
Elevated or designed and constructed to remain completely dry up
to at least 1 1/2 feet above base flood elevation,
B.
Designed to prevent pollution from the structure or activity during
the course of a base flood elevation.
C.
Any such structure, or part thereof, that will be built below the
regulatory flood elevation shall be designed and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers,
June 1972 as amended March 1992), or with some other equivalent watertight
standard.
[Ord. No. 2-2012, § 2, 4/25/2012]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available,
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
2.
Within approximate floodplain or special floodplain area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any watercourse.
3.
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
4.
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 2006 International Residential Building Code or
the U.S. Department of Housing and Urban Development's Permanent Foundations
for Manufactured Housing, 1984 Edition, draft or latest revision thereto
shall apply and 34 Pa. Code, Chapters 401 — 405.
5.
Consideration shall be given to the installation requirements of
the 2006 IBC, and the 2006 IRC or the most recent revisions thereto
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 unit's(s') proposed installation.
[Ord. No. 2-1995, § 1409, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
In accordance with the administrative regulations promulgated by
the Department of Community and Economic Development to implement
the Pennsylvania Floodplain Management Act, the following activities
shall be prohibited within any identified floodplain area unless a
special exception permit has been issued by the Township Zoning Hearing
Board.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Applicants for special exception permits shall provide five copies
of the following items:
A.
A written request including a completed permit application form.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation elevations, and
information concerning the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which South Hanover Township considers
necessary for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood elevation, including a statement concerning the effects
such pollution may have on human life;
(4)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation elevations and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation elevations and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development;"
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
[Ord. No. 2-2012, § 2, 4/25/2012]
1.
Upon receipt of an application for a special exception permit by the Township, the following procedures shall apply in addition to those of § 27-1407:
A.
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the county Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the South Hanover Township
Planning Commission and South Hanover Township Engineer for review
and comment.
[Ord. No. 2-1995, § 1410, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
1.
In addition to the requirements of § 27-1409 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 27-1409 of this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
2.
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
A.
Fully protect the health and safety of the general public and any
occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
(1)
The structure will survive inundation by waters of the base
flood elevation without any lateral movement or damage to either the
structure itself, or to any of its equipment or contents below the
BFE.
(2)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
(3)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
B.
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property.
3.
All 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 South Hanover Township and the Department of Community and
Economic Development.
[Ord. No. 2-2012, § 2, 4/25/2012]
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 provisions of § 27-1411.2 shall apply.
[Ord. No. 2-1995, § 1411, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
1.
The following provisions shall apply whenever any improvement is
made to an existing structure located within any identified floodplain
area.
2.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
3.
No expansion or enlargement of an existing structure shall be allowed
within any special floodplain area that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
4.
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.
5.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2006 IBC and the 2006 IRC.
6.
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.
7.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
[Ord. No. 2-2012, § 2, 4/25/2012]
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
[Ord. No. 2-1995, § 1412, 4/11/1995; Ord. No. 2-2012, § 2, 4/25/2012]
1.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures set forth in Chapter 27, Article XXI, § 27-2111, Subsection 2, of the Code of Ordinances of South Hanover Township and the provisions of the Pennsylvania Municipalities Code, Article IX, 53 P.S. §§ 10901 through 10917, and the following.
2.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
3.
No variance shall be granted for any construction, development, use,
or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE than one foot at any point.
4.
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 by special exception permit § 27-1410 or to development which may endanger human life § 27-1409.4.
5.
If granted, a variance shall involve only the least modification
necessary to provide relief.
6.
In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it considers necessary in
order to protect the public health, safety, and welfare, and to achieve
the objectives of this article.
8.
9.
A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
FEMA.
10.
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
a 1% annual chance flood.
