[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity 3-17-2011 by Ord. No.
O-1-2011. Amendments noted where applicable.]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety,
and the general welfare of its citizenry. Therefore, the Board of
Supervisors of the Township of Unity does hereby ordain and enact
as follows.
The intent of this chapter 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.
This chapter supersedes any other conflicting provisions that
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter with those
in any other ordinance currently in effect, the more restrictive provisions
shall apply.
The provisions of this chapter are severable. If any section,
subsection, paragraph, sentence, clause, or phrase of this chapter
is declared to be void or invalid for any reason whatsoever, the remaining
sections, subsections, paragraphs, sentences, clauses or phrases shall
continue and remain in full force and effect.
The degree of flood protection sought by the provisions of this
chapter is based on acceptable engineering principles and considered
reasonable for regulatory purposes. Larger floods may occur or flood
heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This chapter does not
imply that areas outside any identified floodplain areas or land uses
permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the Township
of Unity or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The identified floodplain area shall be any area of the Township
of Unity classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated March 17, 2011, 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 the Township of Unity and declared to be a part
of this chapter. The identified floodplain area shall consist of the
following specific areas:
A.
FW (floodway area): the areas identified as "floodway" in the AE
Zone in the Flood Insurance Study prepared by FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
B.
FF (flood-fringe area): the remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated.
C.
FE (special floodplain area): the areas identified as Zone AE in
the Flood Insurance Study, where one-hundred-year flood elevations
have been provided, but no floodway has been delineated.
D.
FA (general floodplain area): the areas identified as Zone A in the
FIS that 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.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the BFE, as well as the 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 that 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.
The identified floodplain area may be revised or modified by
the Township where studies or information provided by a qualified
agency or person documents the need for revision. Approval must be
obtained from FEMA prior to such change. As soon as practicable, but
not later than six months after the date such information becomes
available, the Township shall notify FEMA of the changes by submitting
all technical or scientific data supporting such change.
A.
Requests for variances shall be considered by the Township subject
to the following:
(1)
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(2)
No variance shall be granted for any construction, development, use
or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
(3)
Except for a possible modification of the 1 1/2 foot freeboard
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Township shall attach whatever reasonable
conditions and safeguards it considers necessary in order to protect
the public health, safety and welfare and to achieve the objectives
of this chapter.
(7)
In reviewing any request for a variance, the Township shall consider,
at a minimum, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety or extraordinary public expense, nor create nuisances,
cause fraud on or victimize the public or conflict with any other
applicable state or local ordinances and/or regulations.
(8)
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.
B.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
A.
General requirements.
(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 Township or the
applicant and until all required permits or approvals have been first
obtained from the Bureau of Waterways Engineering. In addition, the
Federal Emergency Management Agency and Pennsylvania Department of
Community and Economic Development, Strategic Planning and Operations
Office, shall be notified prior to any alteration or relocation of
any watercourse.
(2)
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 chapter and any other applicable
codes, ordinances and regulations.
(3)
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.
B.
Special requirements for FW, FE and FA areas.
(1)
Within any FW (floodway area), the following provisions apply:
(2)
Within any FE (special floodplain area), no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
(3)
Within any FE (special floodplain area) or FA (general floodplain
area), the following provisions apply:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse
unless a permit is obtained from the Department of Environmental Protection.
C.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any identified floodplain area, any
new construction or substantial improvement of a residential structure
shall have the lowest floor (including the basement) elevated up to
or above the regulatory flood elevation.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including the basement) elevated up to or above
the regulatory flood elevation, or be designed and constructed so
that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(b)
Any nonresidential structure or part thereof having a lowest
floor which is not elevated to at least 1 1/2 feet above the
one-hundred-year flood elevation, shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "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.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including the basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (including the
basement) 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 "partially enclosed space" also
includes crawl spaces. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[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)
Construction plans. Plans of all proposed buildings, structures and
other improvements, shall include the following:
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 foot vertical to two feet horizontal, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Building Code Official.
(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 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 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.
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 herein which may endanger human life, shall be
stored at or above the regulatory flood elevation and/or flood proofed
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.) shall be finished
with a marine or water-resistant paint or other finishing material.
L.
Equipment. 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 system. 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.
A.
Dangerous substances. In accordance with the Pennsylvania Flood Plain
Management Act, and the regulations adopted by the Pennsylvania 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:
(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; and
(19)
Any other material which, due to its quantity, concentration,
physical or chemical characteristics, may pose a real hazard to human
health and/or the environment. Such hazardous materials may include,
but are not limited to, the following categories: explosives, compressed
gases, flammable liquids, flammable solids, oxidizers and organic
peroxides, toxic materials, radioactive materials, corrosives and/or
any material listed with the Hazardous Material Information System
(HMIS).
B.
Prohibited structures. Within any FW (floodway area), any structure of the kind described in Subsection A above shall be prohibited.
C.
Construction above freeboard. Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above, shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood and designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.
A.
Manufactured homes shall be prohibited within any FW (floodway area).
B.
Within any FA (general floodplain area) or FE (Special 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 within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
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.
Recreational vehicles in Zones A1-30, AH and AE must either:
A.
General. In accordance with the administrative regulations promulgated
by the Pennsylvania Department of Community and Economic Development
to implement the Pennsylvania Flood Plain Management Act, the following
activities shall be prohibited within any identified floodplain area
unless a special permit has been issued by the Township:
B.
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request, including a completed building permit application
form.
(2)
A small scale map showing the vicinity in which the proposed site
is located.
(3)
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)
Topography based upon the North American Vertical Datum of 1988
showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(e)
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.
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year flood elevations,
and information concerning the flow of water, including direction
and velocities.
(g)
The location of all proposed buildings, structures, utilities
and any other improvements.
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
(including the basement) and, as required, the elevation of any other
floor.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the one-hundred-year
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other
accessways and parking areas, showing all rights-of-way and pavement
widths.
(f)
Profile drawings for all proposed streets, drives and vehicular
access ways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(5)
The following data and documentation:
(a)
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/she represents.
(b)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood.
(c)
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 one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life.
(d)
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 one-hundred-year-flood
elevations and flows.
(e)
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 one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year flood elevations and flows.
(f)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(g)
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.
(h)
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, 32 P.S. § 679.302.
(i)
An evacuation plan which fully explains the manner is which
the site will be safely evacuated before or during the course of a
one-hundred-year flood.
Upon receipt of an application for a special permit by the Township,
the procedures followed for an application for a preliminary plan
approval shall be followed.
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 Township Planning Commission
and Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Township shall
notify the applicant, in writing, stating in what respect the application
is deficient.
C.
If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Pennsylvania Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
E.
Before issuing the special permit, the Township shall allow the Pennsylvania
Department of Community and Economic Development 30 days, after receipt
of the notification by the Department, to review the application and
decision made by the Township.
F.
If the Township does not receive any communication from the Pennsylvania
Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
G.
If the Pennsylvania Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Township
and the applicant, in writing, of the reasons for the disapproval,
and the Township shall not issue the special permit.
A.
In addition to the requirements of this chapter, 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 of this chapter or in any other code, ordinance
or regulation, the more restrictive provision shall apply.
B.
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:
(1)
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:
(a)
The structure will survive inundation by waters of the one-hundred-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the one-hundred-year
flood elevation.
(b)
The lowest floor (including the basement) elevation will be
at least 1 1/2 feet above the one-hundred-year flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the one-hundred-year
flood.
(2)
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property.
C.
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 the Township and the Department of Community and Economic
Development.
A.
Existing structures. The provisions of this chapter 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 Subsection B shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
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 one-hundred-year flood.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any FE area that would, together with all other existing and
anticipated development, increase the one-hundred-year-flood elevation
more than one foot at any point.
(3)
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 chapter.
(4)
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.
The following words and phrases, when used in this section and
in relation to construction within a floodplain, shall have the meanings
set forth hereafter. To the extent any word or phrase set forth hereafter
is defined differently in any other portion of this chapter, the meaning
set forth hereafter shall be attributed to those circumstances involving
floodplain construction. Any inconsistencies in any word or phrase
shall be construed to give effect to both definitions where possible
and this section shall be interpreted to effectuate its intended purpose.
A flood that has a 1% chance of being equaled or exceeded
in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
When used herein, shall mean the date any work performed
under a permit issued hereunder is completed on the ground, inspected
and finally approved, in writing, by the Floodplain Administrator.
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.
A space which will remain dry during flooding, except for
the passage of some water vapor or seepage; and which space is substantially
impermeable to the passage of water.
The areas identified as Zone A in the Flood Insurance Study
for which no one-hundred-year flood elevations have been provided.
When available, information from federal, state and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question.
The areas identified as Zone AE in the Flood Insurance Study,
where one-hundred-year flood elevations have been provided but no
floodway has been delineated.
The Federal Emergency Management Agency.
The Official Map upon which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
That area of the one-hundred-year floodplain not included
in the Floodway District. The basis for the outermost boundary of
this district shall be the one-hundred-year-flood elevations contained
in the flood profiles of the Flood Insurance Study.
A relatively flat or low land area which is subject to inundation
from the rapid accumulation of surface waters, including Floodway
Districts, Flood-Fringe Districts and General Floodplain Districts.
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.
A floodplain area for which no detailed flood profiles or
elevations are provided, but where a one-hundred-year floodplain boundary
has been approximated. Such areas are shown on the Flood Boundary
and Floodway Maps of the Flood Insurance Study.
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.
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.
That portion of a floodplain delineated for regulation by
this chapter which must be reserved to discharge the waters of the
one-hundred-year flood without causing more than a one-foot rise in
flood heights. The areas included in this district are specifically
defined on Tables 1 through 6 of the Flood Insurance Study.
The areas identified as "floodway" in the AE Zone in the
Flood Insurance Study prepared by the Federal Emergency Management
Agency. The term shall also include floodway areas which have been
identified in other available studies or sources of information for
those floodplain areas where no floodway has been identified in the
Flood Insurance Study.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
The lowest floor of the lowest fully enclosed area (including
the 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
non-elevation design requirements of this chapter.
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 that are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after July 17, 1978, and includes any subsequent improvements
thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or, AH.
Any or all of the following:
Land preparation, such as clearing, grading, and filling;
The installation of streets and/or walkways;
Excavation for a basement, footings, piers, or foundations or
the erection of temporary forms;
The first placement of permanent construction of a structure
on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation;
The placement of a manufactured home on a foundation; or
For a "substantial improvement," 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.
A walled and roofed building, a gas or liquid storage tank
or any other building or appurtenance that is principally above ground,
including a manufactured home. 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.
Damage from any cause sustained by a structure where the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures that have incurred "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;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without an 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 that documentation
is provided.
A.
Designation of Floodplain Administrator. The Building Code Official
of the Township of Unity is hereby appointed to administer and enforce
this chapter and is referred to hereinafter as the Floodplain Administrator.
B.
Permits required. A floodplain construction permit shall be required
before any construction or development is undertaken within any area
of the Township of Unity. The floodplain construction permit shall
be in addition to any other permits or approvals required by the Township
for the construction or development at issue.
C.
Duties and responsibilities of the Floodplain Administrator.
(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)[1]; 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. §
693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(3)
During the construction period, the Floodplain Administrator and/or
other Certified Building Inspector designated by Floodplain Administrator
and retained by the Township, 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. The Floodplain Administrator and/or other Certified Building
Inspector designated by Floodplain Administrator and retained by the
Township may make as many inspections during and upon completion of
the work as are necessary to ensure that any work is properly performed.
(4)
In the discharge of their duties, the Floodplain Administrator and/or
other Certified Building Inspector designated by Floodplain Administrator
and retained by the Township 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 section.
(5)
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application, or any other 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.
(6)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
(7)
The Floodplain Administrator and/or other Certified Building Inspector
designated by the Floodplain Administrator and retained by the Township
shall apply the requirements of Title 34 of the Pennsylvania Code,
the 2006 IBC and the 2006 IRC or latest revisions thereof in determining
whether the work performed is appropriate and all work performed under
any permit issued by the Floodplain Administrator shall comply with
the requirements of Title 34 of the Pennsylvania Code, the 2006 IBC
and the 2006 IRC or latest revisions thereof.
A.
Application for a permit hereunder shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township of
Unity. 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 the contractor performing the work.
(4)
The site location, including the address and Tax Map parcel number
of the property upon which the work will be performed.
(5)
A list of other permits required and copies of all other permits
received.
(6)
A brief description of the proposed work and the estimated costs
of same, together with a breakout of flood-damage and/or floodproofing
related costs, and, where relevant, an estimate of the fair market
value of the building before the flood damage occurred.
(7)
A plan of the site showing the exact size and location of the proposed
construction and any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, the applicant shall
provide information, in sufficient detail and clarity, to enable the
Floodplain Administrator to determine whether:
(1)
All 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 sewage, 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 flotation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and/or located to
prevent water entry or accumulation.
C.
The Floodplain Administrator may require the applicant to produce additional information to assist in making those determinations set forth in Subsection B above. At a minimum, the applicant shall submit the following:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch equal to 100 feet or less and containing 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/or development;
(d)
The location of all existing streets, drives, and other access
ways; 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 directions and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale suitable to the Floodplain Administrator, showing
the following:
(4)
The following information:
(a)
Where available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood elevation.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
A statement by a registered professional engineer or architect
certifying that the cumulative effect of any proposed development
within an FE (special floodplain area) when combined with all other
existing and anticipated development, will not increase the base flood
elevation more than one foot at any point.
(d)
A statement by a registered professional engineer or architect
certifying 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 floodproofing
measures that have been incorporated into the design of the structure
and/or the development.
(e)
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(g)
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.
(5)
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.
D.
Review of application by others. Copies 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 agency and/or individual (e.g.,
planning commission, municipal engineer, etc.) for review and comment.
E.
Changes. After a permit has been issued 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 and approval of the Floodplain
Administrator. Requests for any change shall be in writing and submitted
by the applicant to Floodplain Administrator for consideration.
F.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard that must be displayed on the premises during
the time construction is in progress. This placard shall contain the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
G.
Timing of construction. Work qualifying as the "start of construction"
as defined in this chapter shall commence within 180 days of the date
the permit for same is issued and shall be completed within 12 months
of the date the permit is issued. Any permit issued hereunder shall
expire of its own accord and without further notice if (1) work meeting
the definition of "start of construction" is not initiated within
180 days of the date the permit for same is issued or (2) constructed
is not completed within 12 months of the date the permit for same
is issued, unless an extension is granted, in writing, by the Floodplain
Administrator. 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 and the Floodplain Administrator approves such request in
writing. No oral extensions or approvals shall be valid.
H.
Fees. The fees for all permits, inspections, appeals and hearings
referenced in this chapter shall be determined by Resolution adopted
hereafter.
A.
Notices. Whenever the Floodplain Administrator or other authorized
Township representative determines that a violation of any provisions
of this section, or of any regulation herein has occurred, the Floodplain
Administrator shall give notice to the applicant that such violation
has occurred. Such notice shall:
(1)
Be in writing;
(2)
Include a statement describing the nature of the violation and the
provisions of this section being violated;
(3)
Prescribe a reasonable period of time, not to exceed 30 days, for
the correction of any violation or condition;
(4)
Be served upon the property owner and/or applicant by certified mail
and regular U.S. mail, postage prepaid, at the address of the owner
and/or applicant contained in the permit application; and
(5)
Describe the remedial action necessary to effect compliance with
the provisions of this section.
B.
Appeals. Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter, may appeal to the Unity Township Zoning Hearing Board. Such
appeal must be filed, in writing, within 30 days following the date
of issuance of the decision, determination or action of the Floodplain
Administrator. Any appeal filed later than 30 days shall be deemed
untimely and be rejected.
(1)
Any appeal filed hereunder shall be set for hearing before the Zoning
Hearing Board at a regular monthly meeting scheduled not less than
10 days nor more than 60 days from the date the appeal is received.
Notice of the time and place at which the appeal will be heard shall
be given to all parties.
(2)
Any person aggrieved by any decision of the Zoning Hearing Board
may take an appeal to the Court of Common Pleas of Westmoreland County
consistent with the time limitations and the law of this commonwealth,
including the Pennsylvania Flood Plain Management Act.
A.
Civil enforcement and penalties for violation. Any person, partnership,
corporation or other entity violating the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not less than $300 nor
more than $600 plus all court costs, and reasonable attorney fees
incurred by the Township in the pursuit thereof. No judgment shall
commence or be imposed, levied or payable until a court of competent
jurisdiction determines that a violation exists. Where a civil judgment
for a violation of this chapter has not been timely paid, the violator
shall be liable for the penalty imposed, including daily penalties
for continuing violations of not less than $300 nor more than $600
for each day a violation exists, plus court costs and reasonable attorney's
fees incurred by the Township in the subsequent enforcement proceedings.
B.
Conveyance not a defense. The transfer of all or any portion of the
property subject to this chapter shall not exempt the seller or transferor
from such penalties or from the remedies herein provided for any violation
of this chapter occurring during the seller or transferor's period
of ownership. In such circumstances, both the seller/transferor and
buyer/transferee may be deemed jointly and severally liable for any
violation and/or responsible to remedy same.
C.
Joint and several liability. The owner or tenant of any structure
or premises or land or lot or part thereof, or any agent, architect,
attorney, banker, builder, contractor or other person who commits,
participates in, assists in or maintains such violation may each be
found to be in separate violation of this chapter and be subject to
those penalties herein provided.
D.
Refusal of development permits and approvals. The Township may refuse
to issue any permit or grant any approval necessary to further improve
or develop any real property subject to development or resulting from
a subdivision of real property in violation of this chapter or any
other ordinance referenced herein.
E.
Cumulative remedies. The remedies available to the Township in the
enforcement of this chapter are cumulative. Nothing contained in this
section shall be deemed or construe to preclude the Township from
taking such other legal action, at law or in equity, necessary to
prevent or remedy any violation or otherwise enforce the terms of
this chapter.
