[Amended 6-29-2020 by Ord. No. 2020-02]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
32 P.S. § 679.101 et seq., delegated the responsibility
to local governmental units to adopt floodplain management regulations
to promote public health, safety, and the general welfare of its citizenry.
These regulations are designed to prohibit or restrict construction
of any permanent building or structure, or uses and activities in
the special flood hazard area (SFHA), in order to prevent unnecessary
loss of life or property from possible natural catastrophe, as well
as to protect stream valleys from ecologically detrimental development
that may contribute to a water pollution problem, create erosion in
and around watercourses, and induce flooding conditions. In addition,
these provisions are intended to prevent the creation of health, welfare,
and safety hazards, the extraordinary and unnecessary expenditure
of public funds for flood protection and relief, to minimize future
flood damage, and comply with federal and state floodplain management
requirements.
As used in this article, the following terms shall have the
meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Soils maps prepared by the United States Department of Agriculture,
Department of Environmental Protection which indicate the location
of soil types. Alluvial soils on these maps are soils of floodplains
that are sediment deposits washed from upland areas. The presence
of an alluvial soil indicates that the land has been flooded at some
previous point in time.
A flood which 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.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human occupancy.
The term "construction" shall include the building, reconstruction,
extension, expansion, alteration, substantial improvement, erection
or relocation of a building or structure, including manufactured homes,
and gas or liquid storage tanks. For floodplain purposes, "new construction"
includes structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation
adopted by the municipality.
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 manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads).
A general and temporary inundation of normally dry land areas
by water from waterway overflows or the unusual and rapid accumulation
or runoff of surface waters from any source.
The Official Map on 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 Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
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.
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 area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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 with historic preservation programs 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 programs that have been
certified either:
The lowest floor of the lowest fully enclosed area (including
basements). 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 connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
all mobile homes and camping trailers, recreational vehicles, travel
trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days.
A lot or area which is a planned development and designated
to contain two or more manufactured homes for rent or for sale. Any
lot or area proposed to utilize such design where individual manufactured
home sites are proposed for sale shall be known as a manufactured
home subdivision.
For the purposes of this chapter, shall be determined utilizing
the market value established by the Lebanon County Tax Assessment
Office.
The replacement of existing work with the equivalent materials
for the purpose of its routine maintenance and upkeep, but not including,
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit way requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain, leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after July 8, 2020, and indicates any subsequent improvements
to such structures. Any construction started after August 15, 1979,
and before June 5, 2012, is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 90 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicular-type of portable structure which is 1) built
on a single chassis, 2) 400 square feet or less when measured at the
largest horizontal projection, 3) self-propelled or mounted on or
drawn by another vehicle, and 4) primarily designed as temporary living
accommodations for recreation, camping or travel or seasonal use and
not as a permanent dwelling. The term recreational vehicle includes,
but is not limited to, travel trailers, camping trailers, truck campers
and self-propelled motor homes.
The base flood elevation (BFE) plus a freeboard safety factor
of two 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 Zones A,
AO, A1-30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 90 days from the date of
the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slabs or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling, nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not as
part of the main structure. For a structure without a basement or
poured footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its piling
or foundation. 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.
A walled and roofed building, including a gas or liquid storage
tank (principally above ground), a manufactured home, or any other
man-made object usually assembled of interdependent parts or components
which is designed to have a more or less fixed location, whether or
not permanently attached at that location.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
regardless of the actual repair work performed. The term does not,
however, include any project for the improvement of a structure to
correct existing violations of the 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 ensure
safe living conditions.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this chapter,
must comply with all ordinance requirements that do not preclude the
structure's continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
of the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
The following materials and substances, which are listed
in Section 38.7 of the Department of Community and Economic Development
Floodplain Management regulations, adopted pursuant to the Pennsylvania
Flood Plain Management Act (Act 1978-166), 32 P.S. § 679.101
et seq., have been determined to be 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.
Pesticides (including insecticides, fungicides, and rodenticides).
Sodium.
Sulfur and sulfur products.
Radioactive substances, insofar as such substances are not otherwise
regulated.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether by the municipality, a third party, or the Department of Labor
and Industry. Applicable to residential and commercial buildings.
The Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the State floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed
to be in violation until such time as that documentation is provided.
A.
The special flood hazard area (SFHA) shall include all areas of this
municipality subject to inundation by floodwaters of the base flood.
The basis for the delineation of the SFHA shall be the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency (FEMA) (dated July 8, 2020,
or the most recent revision thereof), The above referenced FIS and
FIRMs, and any subsequent revisions and amendments, are hereby adopted
by the municipality and declared to be part of this chapter.
B.
The A and AE Zones are necessary to equitably enforce floodplain
management controls in the SFHA. The A Area/District shall be those
areas of the municipality identified as an A Zone on the FIRM included
in the FIS prepared by FEMA for which no 1% annual chance flood elevations
have been provided. The actual elevation and extent of the district
is to be determined by the base flood elevation. In order to determine
the base flood elevation, the following variety of sources of data
shall be used:
(1)
All digital data developed as part of the Flood Insurance Study;
(2)
Alluvial Soil Maps prepared by the U.S. Natural Resources Conservation
Service;
(3)
Local data from the 1972 flood;
(4)
Army Corps of Engineers — Floodplain Information Reports;
(5)
U.S. Geological Survey — Flood Prone Quadrangles, and
other available studies and sources of floodplain information.
C.
For these areas, elevation and floodway information from federal,
state or other acceptable sources shall be used when available. In
lieu of the previously mentioned, the municipality may require the
applicant to determine the base flood elevation with hydrologic and
hydraulic engineering techniques. Hydrologic and hydraulic analysis
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, analysis,
computations, etc., shall be submitted in sufficient detail to allow
a thorough technical review by the municipality or a qualified agent
thereof. The actual elevation and extent of the district shall be
determined by the base flood elevation.
D.
Floodway areas in the AE Zones, where flood heights and velocities
are greatest, must have more restrictive provisions to prevent encroaching
development from elevating flood levels or creating more danger to
life or destruction of property. It has been delineated for purposes
of this chapter using criteria that a certain area within the floodplain
must be capable of carrying the water of the base flood without increasing
the water surface elevation of that flood more than one foot at any
point. The areas included in this district are specifically defined
in the Flood Insurance Study and shown on the accompanying Flood Insurance
Rate Maps (FIRM). In the AE Zones outside of the floodway, where base
flood elevations have been determined, and the dangers of flooding
are generally of a lesser degree, more types of development may occur,
but with necessary restrictions. In a detailed study area, the AE
Zones outside of the floodway shall be that area of the 1% annual
chance floodplain not included in the Floodway District. The basis
for the outermost boundary of the AE Zone shall be the base flood
elevations contained in the flood profiles of the previously referenced
Flood Insurance Study, and as shown on the accompanying maps.
E.
All subdivision proposals and other proposed new developments shall
provide base flood delineations; however, subdivision proposals and
other proposed new development greater than 50 lots or five acres,
whichever is the lesser, shall include actual base flood elevation
data. It shall be the responsibility of the developer to provide the
required base flood elevation data, in a form comparable to HEC-2,
which shall be certified as accurate by a registered professional
engineer.
F.
Initial interpretations of the boundaries of the SFHA shall be made
by the Floodplain Administrator. Where interpretation is needed concerning
the exact location of any boundary of the SFHA, the Zoning Hearing
Board shall make the necessary determination after hearing all evidence
presented by the person or persons contesting the location of district
boundaries. The burden of proof shall be the responsibility of the
appellant, and he shall provide any and all technical information
to support his case.
G.
The identified floodplain area may be revised or modified by the
municipal governing body 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
FEMA. Additionally, as soon as practicable, but not later than six
months after the date such information becomes available; a community
shall notify FEMA of the changes by submitting technical or scientific
data.
A.
All uses, activities, construction, including manufactured homes, and other development occurring within the SFHA shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable state and federal codes, ordinances and requirements, including but not limited to, Uniform Construction Code (UCC) and the Chapter 185, Subdivision and Land Development, of the East Hanover Township Code.
B.
Under no circumstances shall any use, encroachment, activity and/or
development adversely affect the capacity of the stream channels or
floodways of any watercourse, drainage ditch or any other drainage
facility or system.
C.
No structure, including manufactured homes, or land shall hereinafter
be used and no structures, including manufactured homes, shall be
located, relocated, constructed, reconstructed, enlarged, structurally
altered or substantially improved except in full compliance with the
terms and provisions of this chapter and any other applicable ordinances
and regulations which apply to uses within the jurisdiction of this
chapter.
D.
All permitted uses shall be regulated by the provisions of the underlying
zoning district as shown on the Official Zoning Map. Where there happen
to be conflicts between the provisions or requirements of the SFHA
— A Zones and AE Zones and the underlying zoning district, the
more restrictive provisions shall apply. In the event that any portion
of the SFHA be declared inapplicable as a result of any legislative
or administrative actions or judicial discretion, the underlying zoning
district shall be deemed to be the district in which the SFHA are
located.
(1)
SFHA — A zone and floodway area in the AE zones. In the
A Zones and the floodway area in the AE Zones no development, including
manufactured homes, shall be permitted except where it can be demonstrated
through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the proposed encroachment
would not result in any increase in the flood levels within the community
during the occurrence of the base flood discharge.
(a)
Permitted uses. In the A Zones and floodway area of the AE Zones, the following uses and activities are permitted, provided that 1) the information required in § 250-164 of this chapter is submitted as a part of the permit application, 2) they are in compliance with the provisions of the underlying zoning district, 3) they will not result in any increase in the level of the base flood anywhere, 4) they are not prohibited by this or any other ordinance, 5) they do not require the placement or use of permanent on-lot sewage facilities within any of the SFHA, and 6) they do not require encroachments, new construction, manufactured homes, substantial improvements, fill, vehicles or parts thereof, or other development except as outlined below:
[1]
Agricultural uses such as general farming, horticulture, truck
gardening, nurseries, pasturing, grazing, forestry, and sod farming
and wild crop harvesting.
[2]
Public and private recreational uses and activities such as
parks; picnic grounds; areas for short-term camping or recreational
vehicle uses; golf courses, boat launching and swimming areas; hiking,
bicycling, and horseback riding trails; wildlife and nature preserves;
game farms; fish hatcheries; shooting ranges; and hunting and fishing
areas. Open structures such as picnic pavilions, consisting of a slab,
open structural supports such as posts and pillars, and a roof shall
be permitted only if constructed in compliance with the Uniform Construction
Code (UCC).
[3]
All uses and open structures customarily accessory to permitted
uses in the underlying adjoining district such as yard areas, gardens,
or play areas; signs, unroofed porches, patios, open porches or carports
provided that said structures are not enclosed by screening, latticing,
studs, or structural supports less than eight feet apart which would
in any manner restrict the flow of floodwater and debris and are in
compliance with the applicable requirements of the Uniform Construction
Code; impervious parking and loading areas; and airport landing strips.
Accessory structures shall not include manufactured homes, vehicles
or parts thereof.
[4]
Utilities, public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
[5]
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
[6]
Extraction of sand, gravel and other materials.
[7]
Storage of materials and equipment provided that they are not
buoyant; toxic to humans, animals, or vegetation; flammable or explosive,
and are not subject to major damage by flooding; or provided that
such material and 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.
(2)
AE Zones outside the floodway areas. In the AE Zones outside the floodway areas, where base flood elevations have been determined, the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all uses, activities and/or development shall be undertaken in strict compliance with § 250-155 of this chapter and the Uniform Construction Code (UCC) and any other applicable state or federal codes and ordinances.
(3)
AE Zones without floodway. No permit shall be granted for any
construction, development, use, or activity within any AE Area/District
without floodway unless it is demonstrated that the cumulative effect
of the proposed development would not, together with all other existing
and anticipated development, increase the base flood elevation (BFE)
more than one foot at any point.
(4)
Prohibited uses. In the SFHA - A Zones and AE Zones, the following
uses and activities are strictly prohibited:
(a)
Hospitals, sanitariums, sanatoriums, clinics, etc., whether
public or private.
(b)
Public or private nursing homes.
(c)
Jails or prisons.
(d)
Public or private schools or institutions of higher education.
(e)
New manufactured home parks and manufactured home subdivisions,
and substantial improvements to existing manufactured home parks.
(f)
A new or substantially improved structure which will be used
for the production or storage of any materials which are toxic, flammable
or explosive or which will be used for any activity requiring the
maintenance of a supply of more than 550 gallons of such materials
or any amount of radioactive substances.
(g)
Any other use, activity, or development not specifically permitted
under the terms of this article.
Within any A Zone or Floodway Area any new construction or substantial improvements, other than those listed in § 250-154D(1), shall be prohibited. If a variance is obtained for new construction or substantial improvements in the A Zone or Floodway Area in accordance with the criteria in Article VIII, or a permit issued for new construction or substantial improvements in the AE Area outside the floodway, then the following provisions apply:
A.
Basements and first floors.
(1)
All new construction (including manufactured homes) and substantial
improvements (including manufactured home) of residential structures
must have the lowest floor (including basements) constructed at or
above an elevation of two feet above the base flood elevation. Additionally,
manufactured homes shall be placed on a permanent foundation; anchored
to resist flotation, collapse, or lateral movement.
(2)
All new construction and substantial improvements of nonresidential
structures must have the lowest floor (including basements) constructed
at or above an elevation of two feet above the base flood elevation:
or together with attendant utility and sanitary facilities, be floodproofed
to an elevation of two feet above the base flood elevation in accordance
with the following:
(a)
Plans showing details of all floodproofing measures, prepared
by a registered professional engineer or architect, and showing the
size of the proposed structure and its relation to the lot where it
is to be constructed.
(b)
A determination of elevations of existing ground, proposed finished
ground, lowest floor level, and floodproofing limits; certified by
a registered professional engineer, surveyor, or architect.
(c)
A certificate prepared by the registered professional or architect who prepared the plans in Subsection A(1) above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[1]
Below an elevation of two feet above the base flood elevation, the
structure is watertight, with walls substantially impermeable to the
passage of water;
[2]
The structure will withstand the hydrostatic, hydrodynamic, buoyant,
impact, and other forces resulting from the flood depths, velocities,
pressures, and other factors associated with the base flood.
(d)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[1]
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include at a minimum:
[2]
Flood emergency operation plan detailing the procedures to be
followed during a flooding event, and must include information pertaining
to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
[a]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[b]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[c]
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
[d]
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[e]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
B.
Electrical, mechanical, and plumbing systems.
(1)
All electric water heaters, electric furnaces, electric air
conditioning and ventilating systems, and other critical electrical
installation shall be permitted only at elevations of two feet above
the base flood elevation.
(2)
No electrical distribution panels shall be allowed at an elevation
less than two feet above the base flood elevation.
(3)
Water heaters, furnaces, and other critical mechanical installations
shall be permitted only at elevations of two feet or more above the
base flood elevation.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow 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.
(2)
Designs meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following criteria:
(a)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space;
(b)
The bottom of all openings shall be no higher than one foot above
grade;
(c)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices provided that they may permit the automatic entry and exit
of floodwaters.
D.
Accessory
structures. 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:
[Added 6-28-2021 by Ord. No. 2021-1[1]]
(1)
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.
(2)
The
floor area shall not exceed 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral 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:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(9)
For accessory structures that are 200 square feet or larger
in area (footprint) and that are below the base flood elevation, a
signed declaration of land restriction (nonconversion agreement) shall
be recorded on the property deed prior to issuance of the certificate
of occupancy.
E.
Additionally, all new construction (including manufactured homes)
and substantial improvement (including manufactured home) of residential
and nonresidential structures shall comply with all applicable requirements
of the Uniform Construction Code (UCC).
A.
No encroachments, including manufactured homes, new construction
or development, shall be located within a designated floodway. Where
the floodway has not been specifically identified for a stream or
waterway, no encroachments shall be permitted within the stream channel
(from top of bank to top of bank). Furthermore, encroachments outside
the stream banks but within the SFHA shall be permitted only when
in compliance with this chapter and Pennsylvania Department of Environmental
Protection permit requirements.
B.
No part of any private on-lot sewage disposal system shall be constructed
within any SFHA.
C.
Community water supply systems and sanitary sewage systems shall
be designed and located to preclude infiltration of floodwater into
the system and discharges from the system into floodwaters.
D.
The municipality will endeavor to coordinate its floodplain management
program with neighboring municipalities, particularly when the property(ies)
in question is located near a municipal boundary.
E.
All buildings and structures, including manufactured homes, shall
be constructed and placed on the lot 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.
F.
The following shall not be placed or caused to be placed in any of
the designated SFHA: Fences, except two-wire fences, other structures,
or other matter which may impede, retard, or change the direction
of the flow of water, or that will catch or collect debris carried
by such water, or that is placed where the natural flow of the stream
of floodwaters would carry the same downstream to the damage or detriment
of either public or private property adjacent to the floodplain.
G.
Recreational vehicles to be placed within any SFHA shall be on the
site for no more than 30 consecutive days and no more than a total
of 100 days in any calendar year; and fully licensed and ready for
highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect utilities and security devices,
and has no permanent foundation or attached additions.
H.
Filling or the dumping of fill material is prohibited in the SFHA
on vacant lots or on land not scheduled for approved construction
activities. Fill shall only be used in the SFHA to raise the finished
surface of the lowest floor of a structure to an elevation of a minimum
of two feet above the base flood elevation provided the following
conditions are met:
(1)
Fill shall extend beyond a structure for a sufficient distance
to provide acceptable access. For residential structures, fill shall
extend laterally 15 feet beyond the building line from all points.
For nonresidential structures, fill shall be placed to provide access
acceptable for the intended use. At grade access, with fill extending
laterally 15 feet beyond the building line, shall be provided to a
minimum of 25% of the perimeter of a nonresidential structure.
(2)
Fill shall consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
(3)
Fill material shall be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling.
(4)
Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator.
(5)
Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
(6)
Use of fill shall be permitted only when the property owner
or applicant provides a document acceptable by the Floodplain Administrator,
certified by a registered professional engineer, stating that the
cumulative effect of the proposed fill, in conjunction with the other
anticipated development, will not result in an increase in the water
surface elevation of the base flood at any point.
I.
Prior to any stream or watercourse alteration or relocation, a permit
shall be obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands. Also adjacent communities,
the Department of Community and Economic Development, and the Federal
Emergency Management Agency (FEMA) must be notified. Additionally,
the municipality must be ensured that the flood carrying capacity
of an altered or relocated watercourse will be maintained by the developer.
J.
The placement of any manufactured home in the SFHA is prohibited except as a replacement unit in an existing manufactured home park or an existing manufactured home subdivision. Said replacement units and any substantial improvements thereto shall comply with § 250-155 of this chapter and be placed on a permanent foundation: elevated so that the lowest floor of the manufactured home is at least two feet above the base flood elevation; anchored to resist flotation, collapse, or lateral movement; and comply with the Uniform Construction Code (UCC).
In reviewing applications for special exceptions and Variances,
the Zoning Hearing Board shall consider and shall apply all relevant
factors specified in this chapter, in the Pennsylvania Municipalities
Planning Code (Act 247, as amended, 53 P.S. § 10101 et seq.),
and other state or federal ordinances and shall apply all of the following
factors:
A.
The danger of life and property due to increased flood heights or
velocities caused by encroachments.
B.
The danger that materials may be swept onto other lands or downstream
to the injury of others.
C.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
D.
The susceptibility of the proposed structure or use and its contents
to flood damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility
to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternative locations not subject to flooding
for the proposed use.
H.
The compatibility of the proposed use or structure with existing
development and development anticipated in the foreseeable future.
I.
The relationship of the proposed use or structure to the Comprehensive
Plan and floodplain management programs of the area.
J.
The safety of access to the property in times of flood by ordinary
and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwater expected at the site.
L.
No variance shall be granted to allow either in whole or in part any prohibited use listed in § 250-154C of this chapter.
M.
Where appropriate, variances may be granted for the reconstruction,
rehabilitation or restoration of historical structures as defined
herein.
N.
The granting of a variance shall provide relief only from the specific
term(s) of the floodplain regulations requested, not exemption from
all floodplain regulations or any applicable insurance premiums, nor
any state or federal permitting requirements.
O.
Variances shall not be granted which result in any increase in the
base flood elevation.
P.
Variances shall be granted only when and where the applicant demonstrates
compliance with the provisions of the Pennsylvania Municipalities
Planning Code (Act 247, as amended, 53 P.S. § 10101 et seq.).
Q.
Variances shall be granted only when they are shown to be the minimum
relief necessary, considering the flood hazard.
S.
Other factors which are relevant to the purpose of this chapter.
A structure, or use of a structure or land which lawfully existed
before the enactment of these provisions, but which is not in conformity
with these provisions, may be continued subject to the following:
A.
Existing nonconforming structures or uses located in the SFHA —
A Zones and floodway areas of the AE Zones:
(1)
Shall not be moved, replaced or substantially improved, but may be modified, altered, or repaired to incorporate all applicable floodproofing measures as per § 250-155 of this chapter and the Uniform Construction Code (UCC), provided that such measures and elevation techniques do not raise the level of the base flood.
(2)
May be expanded or enlarged, but not substantially improved, provided that said expansion or enlargement a) does not exceed 25% of the area of the first floor of the structure existing at the effective date of a floodplain management regulation adopted by the municipality, b) is not constructed below the existing first floor elevation, and c) complies with all applicable floodproofing requirements of § 250-155 of this chapter and the Uniform Construction Code. Plans for the above mentioned expansion or enlargement shall be accompanied by a side profile of the existing and proposed structures and shall indicate existing grade, floor elevations, use of fill, etc.
B.
Existing nonconforming structures or uses located in the AE Zones,
outside the floodway areas, where base flood elevations have been
determined:
(1)
May be substantially improved, moved, replaced, modified, altered, or repaired provided that such work is conducted in full compliance with the provisions of this chapter, § 250-155 of this chapter, and the Uniform Construction Code (UCC), and any other applicable codes or ordinances.
(2)
May be enlarged or expanded in a manner which is not a substantial improvement as defined by this chapter, and provided that said enlargement or expansion complies with the above requirements a), b), and c) of § 250-158A(2).
C.
If any nonconforming structure or use, including manufactured homes, located in the SFHA is demolished, removed, substantially damaged or destroyed by any means, including floods, to an extent of 50% or more of the market value of the structure, it shall not be reconstructed, replaced, or continued except in conformity with the provisions of this chapter, § 250-155 of this chapter, and the Uniform Construction Code (UCC), and any other applicable ordinance.
The lot area, yard, sign and other district requirements of
the land in question shall be the same as the district requirements
of the underlying zoning district.
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to as the Floodplain Administrator.
A.
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
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.
C.
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 the proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
D.
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 municipal governing body for whatever
action it considers necessary.
E.
The Floodplain Administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this chapter including, but not limited to, permitting, inspection,
and enforcement.
F.
The floodplain Administrator or other authorized official shall consider
the requirements of the 34 Pa. Code and the 2015 IBC and the 2015
IRC or latest revisions thereof.
A.
Permits shall be required before any new construction, substantial
improvement, placement or relocation of any structure (including manufactured
homes) or development is undertaken within any identified flood prone
area of the municipality. 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
the State and Federal laws have been obtained, such as those required
by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended,
35 P.S. § 750.1 et seq.); the Pennsylvania Dam Safety and
Encroachments Act (Act 1978-325, as amended, 32 P.S. § 693.1
et seq.); the Pennsylvania Clean Streams Act (Act 1937-394, as amended,
35 P.S. § 691.1 et seq.); the U.S. Clean Water Act, Section
404, 33, U.S.C.A. § 1344; and any other required local,
state, or federal permits, including, but not limited to, the following
permits when applicable: floodway, wetland, surface mining, earth
disturbance, or the State Fire Marshall. No permit shall be issued
until this determination has been made. The applicant shall submit
to the Floodplain Administrator copies of all other required state
and federal permits. Copies of all required permits shall be maintained
by the Floodplain Administrator as a part of the building permit file.
B.
After the issuance of a building permit or site plan approval 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
Applications for a building and zoning permit shall be filed
by the property owner, his authorized agent or an individual with
a proprietary interest in the property, said individual to hereafter
be known as the applicant. Applications shall be submitted to the
Floodplain Administrator and contain the following:
A.
Building and zoning permit application form. On a form supplied by
the Floodplain Administrator, the applicant shall provide information
to describe the size, location, and nature of the proposed building,
structure or use. The applicant shall sign the application form to
verify the accuracy of their information.
B.
Plot plan. All applications for a building and zoning permit shall
be accompanied by a plot plan in accordance with the following:
(1)
Name and address of the applicant.
(2)
Name and address of the owner of the land on which the proposed
construction is to occur.
(3)
Name and address of contractor.
(4)
Site location address.
(5)
Three copies of the plot plan shall be submitted. In lieu thereof,
an 8 1/2 inches by 11 inches plot plan is acceptable, provided
it is suitable for photocopying.
(6)
The plot plan shall show, where applicable, size, shape, and
dimensions of the lot; size and location of all existing buildings;
size, location, and use of all proposed buildings, additions, or alterations;
parking lots; parking spaces, driveways, signs, and other site improvements;
and other information as may be necessary to determine conformance
with this chapter.
(7)
Brief description of proposed work and estimated cost, including
a breakout of flood related cost and market value of the building
before the flood damage occurred where appropriate.
C.
Application fee. All applications for a building and zoning permit
shall be accompanied by a fee in accordance with the current schedule
of fees adopted by resolution by the municipality.
D.
Placards. In addition to the building and zoning 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 building and zoning permit, the date
of issuance, and signed by the Floodplain Administrator.
E.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, by the Floodplain Administrator. The issuance
of development permit does not refer to the zoning approval.
F.
The actual start of construction means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first, alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
G.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request and the original
permit is compliant with the ordinance and FIRM/FIS in effect at the
time the extension is granted.
A.
To ensure that all construction and development on property which
contains identified floodplain areas will be conducted employing flood
damage controls, the Floodplain Administrator shall require the following
additional information to be included as part of an application for
a permit:
(1)
A plan, at a scale of one inch being equal to 100 feet or less,
shows a North arrow, scale, and date, the location of all existing
and proposed buildings structures, and other improvements, which accurately
locates the proposed construction and/or development with respect
to existing bodies of water or watercourses, identified floodplain
area boundaries, stream channel, and if available, information pertaining
to the floodway, and flow of water including direction and velocities,
existing floodplain development and all proposed subdivision and land
development to ensure 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 public utilities and facilities, such as sewer, water, gas,
telephone, electrical and water systems are located, elevated and
constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided to reduce exposure to flood hazard;
(d)
Structures 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 located
to prevent water entry or accumulation.
(2)
Such plan shall also include existing and proposed contours
(at intervals determined to be adequate by the Floodplain Administrator
based upon site conditions) and elevations of the grounds, base flood
elevations, structure elevation, lowest floor elevation based upon
North American Vertical Datum of 1988, size of structure, location
and elevation of streets, water supply, sanitary sewage facilities,
supplemental information as may be necessary under 34 Pa. Code, the
2015 IBC or the 2015 IRC or latest revisions thereof, soil types and
flood proofing measures. When proposed construction and/or development
involves structures and/or fill to be located within the designated
floodplain, such plan shall also include details of proposed fill,
pile structures, retaining walls, foundations, erosion control measures,
and the Floodplain Administrator may require more detailed contour
and elevation data. If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
(3)
A document certified by a registered professional engineer or
architect that adequate precautions against flood damage have been
taken with respect to the design of any building or structure, and
that the plans for the development of the site adhere to the restrictions
cited in this chapter, the Uniform Construction Code (UCC), and other
applicable ordinances.
(4)
A document certified by a registered professional engineer or
architect, to show that the cumulative effect of any proposed development
within a SFHA when combined with all other existing and anticipated
development, will not increase the base flood elevation more than
one foot at any point.
(5)
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 the flood proofing measures which have been incorporated into the
design of the structure and/or the development.
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
Where excavation or grading is proposed, a plan meeting the
requirements of the Department of Environmental Protection, to implement
and maintain erosion and sedimentation control.
B.
Review of application by others. The Floodplain Administrator may
require that a copy of all plans and specifications for construction
and/or development affecting identified floodplain areas be submitted
to other appropriate agencies and/or individuals (e.g., County Conservation
District, planning commission, municipal engineer, etc.) for review
and comment prior to the issuance of a building permit. When proposed
construction and/or development involves structures and/or fill which
will be located directly within the designated floodplain, the Floodplain
Administrator shall submit said plans and specifications to the appropriate
agencies and/or individuals as indicated above. Recommendations from
these sources shall be considered for possible incorporation into
the proposed plan and may be made a condition for approval of a building
and zoning permit.
C.
A record of all variances granted, including their justification,
shall be maintained by the community as well as reported in the annual
report to the Department of Community and Economic Development (DCED)
and the biennial report to FEMA.
A.
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
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
State the name of the owner of record and any other person against
whom the municipality intends to take action;
(3)
State the location of the property in violation;
(4)
State the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the ordinance;
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter. State the date
before which the steps for compliance must be commenced and the date
before which the steps must be completed, not to exceed 30 days;
(6)
State the date before which the steps for compliance must be
commenced and the date before which the steps must be completed, not
to exceed 30 days;
(7)
State that the recipient of the notice has the right to appeal
to the municipal Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this chapter;
(8)
State that failure to comply with the notice within the time
specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
(9)
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.
B.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the Magisterial District Judge determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership, or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the Magisterial District
Judge and therefore each day that a violation continues shall constitute
a separate violation.
C.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
D.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township, the right
to commence any action for enforcement pursuant to this section.
E.
Magisterial District Judge shall have initial jurisdiction over proceedings
brought under this section.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
The Official Zoning Map of East Hanover Township shall be amended
to reflect the changes in the Floodplain District boundaries in accordance
with updated flood hazard maps prepared by FEMA.
C.
This chapter shall not create liability on the part of the East Hanover
Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
D.
If any sentence, clause, section, or part of this chapter is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this chapter. It is hereby declared as the intent of the
Swatara Township Board of Supervisors that this chapter would have
been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof not been included therein.
E.
All ordinances or parts of ordinances which are inconsistent herewith
are hereby repealed.
F.
This article shall become effective five days after its passage or
adoption.
