[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Authority. The Legislature of the Commonwealth of PA has, by the
passage of the PA Flood Plain Management Act (Act 166 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 Supervisors of Old Lycoming
Township do hereby ordain that the following regulations were enacted
to accomplish these goals.
2.
Intent. The intent of these provisions 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 supplies and
natural drainage patterns.
D.
Reduce financial burdens imposed on the community, its governmental
units, and residents by preventing excessive development in flood-prone
areas.
E.
Comply with Federal and State floodplain management requirements.
3.
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or case to be undertaken, any
construction or development within Old Lycoming Township unless a
zoning permit has been obtained from the Township Zoning Officer/Floodplain
Administrator. A permit shall not be required for minor repairs to
existing building or structures.
4.
Interpretation of District Boundaries. Where interpretation is needed
concerning the exact location of any boundary of any floodplain district,
the Township Zoning Hearing Board shall make the necessary determination.
Persons contesting the location of the district boundary shall be
given a reasonable opportunity to present their case to the Board
and to submit their own technical evidence if they so desire.
5.
Warning and Disclaimer of Liability. The degree of flood protection
sought by the provisions of this Part is considered reasonable for
regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur. 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. This chapter
shall not create liability on the part of Old Lycoming 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.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Identification.
A.
The identified floodplain area shall be all those areas of Old Lycoming
Township classified as special flood hazard areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated February 5, 2014, or most recent revisions thereof,
and issued by the Federal Emergency Management Agency (FEMA) or the
most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
are hereby adopted by Old Lycoming Township and made a part of this
chapter.
C.
For the purposes of this chapter, the identified floodplain areas
shall be overlays to the existing underlying district as shown on
the official Old Lycoming Township Zoning Map. As such, the provisions
of the floodplain district shall serve as a supplement to the underlying
district provisions. Where there happens to be any conflict between
the provisions or requirements for the floodplain districts and those
of any underlying district, the more restrictive provisions pertaining
to the floodplain shall apply.
2.
Description of Floodplain Areas/Districts. The identified floodplain
area shall consist of the following specific areas:
A.
The Floodway Area/District identified as a FW Zone on the FIRM included
in the FIS prepared by FEMA represents the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point. This term shall also include floodway
areas that have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA and for which base
flood elevations have been provided.
(1)
The AE Area/District adjacent to the floodway shall be those
areas identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided and a floodway
has been delineated.
(2)
The AE Area/District without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
C.
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
1% annual chance flood elevations have been provided. For these areas,
elevation and floodway information from other Federal, State or other
acceptable sources shall be used when available. Where other acceptable
information is not available, the base flood elevation shall be determined
by using the elevation a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
|
In lieu of the above, the municipality may require the applicant
to determine the elevation using 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.
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[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In order to prevent excessive damage to buildings and structures
due to conditions of flooding, the following restrictions shall apply
to all construction, development, and substantial improvement occurring
in any designated Floodplain Areas/Districts:
A.
General Technical Requirements.
(1)
Within the identified Floodplain Areas/Districts the development
or use of land shall be permitted provided that such development or
use complies with the restrictions and requirements of this and all
other applicable codes and ordinances in effect in Old Lycoming Township.
(2)
Within any floodway area, the following provisions shall apply:
(a)
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of the base flood discharge. (See also § 27-612 for supplemental floodplain regulations.)
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the PA Department of Environmental Protection
Regional Office.
(3)
Within any AE area/district without floodway, the following
provisions shall apply:
(a)
No permit shall be granted for any construction, development, use, or activity within the 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 BFE more than one foot at any point. (See also § 27-612 for supplemental floodplain regulations.)
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(4)
The standards and specifications contained in ASCE 24 and 34
Pa. Code (Chapters 401-405), as amended and not limited to the following
provisions, shall apply to all Sections of this Part, to the extent
that they are more restrictive and/or supplement the requirements
of this chapter.
(a)
International Building Code (IBC) 2009 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
(b)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
B.
Elevation and Floodproofing Requirements. (See also § 27-612 for supplemental floodplain regulations.)
(1)
Residential Structures. Within any identified floodplain area,
the lowest floor (including basement) of any new construction or substantial
improvement of a residential structure shall be at least 1 1/2
feet above the base 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 basement) elevated 1 1/2 feet above
the base flood elevation (to the regulatory flood elevation) OR be
designed and constructed so that the space enclosed by such structure
below the regulatory flood elevation:
(b)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation, shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(3)
Space below the Lowest Floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for parking of vehicles, building access
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement shall 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; and,
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.
C.
Design and Construction Standards. The following minimum standards
shall apply to all construction and development proposed for any identified
floodplain area.
(1)
Fill: If fill is used, it shall:
(a)
Extend laterally 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical on two horizontal feet, unless
substantiating data, justifying steeper slopes are submitted to and
approved by the Zoning Officer; and
(e)
Be used only to the extent to which it does not adversely affect
adjacent properties. (See also § 27-612.2.D.)
(2)
Special Requirements for Mobile Homes and Recreational Vehicles.
(a)
Within any Floodway Area/District all mobile homes shall be
prohibited.
(b)
Where permitted within any other identified floodplain area,
all mobile homes, and any improvements thereto, shall be:
(c)
Installation of mobile homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 "International Residential Building Code"
or the "U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing," 1984 edition, draft or latest
revision thereto as well as 34 Pa. Code, Chapters 401-405 shall apply.
(d)
Consideration shall be given to the installation requirements
of the 2009 IBC and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit's installation.
(3)
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 flood water.
(4)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
and lateral movement.
(b)
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.
(5)
Floors, Walls, and Ceilings. Where a structure is located at
or below the regulatory flood elevation, the following standards shall
apply:
(a)
Wood flooring shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without causing
structural damage to the building.
(b)
Plywood shall be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings shall be designed and constructed of materials
that are "water-resistant" and will withstand inundation.
(d)
Windows, doors, and other such components shall be made of metal
or other "water-resistant" material.
(6)
Paints and Adhesives. Where a structure is located at or below
the regulatory flood elevation, the following standards shall apply:
(8)
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.
(9)
Fuel Supply Systems. All gas and oil supply systems shall be
designed to prevent the infiltration of flood waters into the system
and discharges from the system into flood waters. Additional provisions
shall be made for the drainage of these systems in the event that
flood water infiltration occurs.
(10)
Water and Sanitary Sewer Facilities and Systems.
(a)
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 flood waters.
(b)
Sanitary sewage facilities shall be designed to prevent the
discharge of untreated sewage into flood waters.
(c)
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)
The design and construction provisions of the UGC and FEMA Circular
# 348, "Protecting Building Utilities from Flood Damages" and the
"International Private Sewage Disposal Code," or as may hereafter
be amended, shall be utilized.
(11)
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.
(12)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(13)
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(14)
Storage. All materials that are buoyant, flammable, explosive
or, in times of flooding, could be injurious to human, animals, or
plant life (including but not limited to those identified in § 27-606.A)
shall be stored at an elevation of 1 1/2 feet above the base
flood elevation (to the regulatory flood elevation) and/or be floodproofed
to the maximum extent possible.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Alteration or Relocation of Watercourse.
A.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township, and
until all required permits or approvals have been first obtained from
the PA Department of Environmental Protection's Regional Office.
B.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse unless it can be shown that the activity will not
reduce or impede the flood-carrying capacity of the watercourse in
any way.
C.
In addition, the FEMA and PA Department of Community and Economic
Development shall be notified prior to any alteration or relocation
of any watercourse.
2.
Encroachments Requiring FEMA Notification. When the Township proposes
to permit the following encroachments:
A.
Any development that causes a rise in the base flood elevation within
the Floodway; or,
B.
Any development occurring in the AE Zone without floodway which will
cause a rise of more than one foot in the base flood elevation; or,
C.
Alteration or relocation of a stream (including, but not limited
to, installing culverts and bridges),
3.
The Township (with data and documentation provided by the applicant)
shall (as per 44 CFR Part 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting
the encroachment to occur.
B.
Upon receipt of the Administrator's conditional approval of map change
and prior to approving the encroachments, the Township shall provide
evidence to FEMA of the adoption of a floodplain management ordinance
incorporating the increased base flood elevations and/or revised floodway
reflecting the post-project condition.
C.
Upon completion of the proposed encroachments, the Township shall
provide "as-built" certifications. FEMA will initiate a final map
revision upon receipt of such certifications in accordance with 44
CFR Part 67.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
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 an existing structure located
within any identified Floodplain Area/District, the provisions outlined
below shall apply.
2.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified Floodplain
Area/District:
A.
Existing structures and/or uses located in the Floodway Area/District
shall not be expanded or enlarged, but may be modified, altered, or
repaired to incorporate floodproofing measures, provided that such
measures do not increase the base flood elevation (BFE).
B.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure in any Floodplain Area/District, 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.
C.
No expansion or enlargement of an existing structure shall be allowed
within an AE Zone without floodway that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
D.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure in any Floodplain Area/District, to
an extent or amount of less than 50% of its market value, shall be
floodproofed and/or elevated to the greatest extent possible.
E.
Any modification, alteration, relocation, or improvement of any kind
that meets the definition of "repetitive loss," shall be undertaken
only in full compliance with the provisions of this chapter.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Where permitted within an AE (without FW) or A Area/District, structures
accessory to a principal building need not be elevated or floodproofed
to remain dry, but shall comply, at a minimum, with the following
requirements:
A.
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, materials and equipment related to the principal use or
activity.
B.
Floor area shall not exceed 200 square feet.
C.
The structure will have low damage potential.
D.
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will elevated at least 1 1/2
feet above the base flood elevation.
F.
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
G.
Sanitary facilities are prohibited.
H.
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting these requirements 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 no higher than one foot above
grade; and,
(3)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Hazardous Materials and Substances. In accordance with the Pennsylvania
Flood Plain Management Act, and the regulations adopted by the Department
of Community and Economic Development as required by the Act, any
new or substantially improved structure which:
A.
Will be used for the production or storage of any of the following
dangerous materials or substances; or
B.
Will be used for any activity requiring the maintenance or a supply
of more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises; or
C.
Will involve the production, storage, or use of any amount of radioactive
substances;
D.
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.
2.
Floodproofing Requirements.
A.
Activities and development of the kind described in Subsection 1 above shall be prohibited in any identified Floodway Area/District.
B.
Where permitted within any identified Floodplain Area/District, any new or substantially improved structure of the kind described in Subsection 1 above shall be elevated to remain completely dry, up to at least 1 1/2 feet above the base flood elevation, and, in the case of a nonresidential structure, shall be:
(1)
Designed to prevent pollution from the structure or activity
during the course of a base flood; and,
(2)
Any part thereof that will be built below the regulatory flood
elevation shall be designed and constructed in accordance with the
standards for completely dry floodproofing contained in the publication
"Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972,
as amended March 1992), or with some other equivalent water-tight
standard.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Identification of Activities Requiring a Special Permit. In accordance
with the administrative regulations promulgated by the PA Department
of Community and Economic Development to implement the Pennsylvania
Flood Plain Management Act (Act 1978-166), the following activities
shall be prohibited within any identified Floodplain Area/District
unless a special permit has been issued by Old Lycoming Township.
2.
Application Requirements for Special Permits. Applicants for special
permits shall provide five copies of the following items:
A.
A written request including a completed zoning permit application.
B.
A small scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date.
(2)
Topography based upon the National Geodetic Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet.
(3)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
(4)
The location of all existing streets, drives, other access ways,
and parking areas, with information concerning width pavement types
and construction, and elevations.
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks arid facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development.
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities.
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and,
(8)
Any other information which the Township considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings
including floor plans, sections, and exterior buildings elevations,
as appropriate.
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood.
(4)
Detailed information concerning any proposed floodproofing measures.
(5)
Cross-section drawings for all proposed streets, drives, and
other access-ways, and parking areas, showing all rights-of-way and
pavement widths.
(6)
Profile drawings for all proposed streets, drives, and vehicular
access-ways including existing and proposed grades; and,
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents.
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood.
(3)
A statement, certified by a registered professional engineer,
architect, or other qualified person which contains a complete and
accurate description of the nature and extent of pollution that might
possibly occur from the development during the course of a base flood,
including a statement concerning the effect such pollution may have
on human life.
(4)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows.
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation and flows.
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under § 302 of Act 1978-166; and,
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
3.
Application Review Procedures. Upon receipt of an application for
a special permit by the Township, the following procedures shall apply
in addition to all other applicable permit procedures:
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 respects 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 Department of Community and Economic Development (DCED), 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 DCED
30 days after the 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 DCED
during the thirty-day review period, the Township may issue a special
permit to the applicant.
G.
If the DCED 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.
4.
Special Technical Requirements.
A.
In addition to any other applicable 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 or in any other code, ordinance,
or regulation, the more restrictive provisions 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 base
flood without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the BFE.
(b)
The lowest floor (including basement) will be elevated at least
1 1/2 feet above the base flood elevation; and,
(c)
The occupants of the structure can remain inside for an indefinite
period of time and/or be safely evacuated at any time during the base
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 accepted
technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough technical review
by the Township and the DCED.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Designation of Floodplain Administrator. The Township Zoning Officer is hereby appointed to administer and enforce the floodplain management provisions of this chapter. In addition to fulfilling the duties outlined in § 27-1201 of this chapter, the Zoning Officer may: delegate duties and responsibilities related to floodplain management to qualified technical personnel, plan examiners, inspectors, and other employees; or enter into written agreements or written contracts with another agency or private sector entity (with the approval of the Township Supervisors) to administer specific provisions of the Township's floodplain management regulations. Administration of any part of these regulations by another entity shall not relieve the Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
In the absence of the Zoning Officer or other duly qualified
person or employee as identified above, the Floodplain Administrator
duties shall be fulfilled by the Township Manager.
2.
Zoning Permit Requirements. To ensure that the aforementioned flood
damage controls are being employed in all new construction, development
and substantial improvement within any designated floodplain area,
including the use of fill, the applicant or developer shall obtain
a zoning permit prior to commencement of any such activity. The Zoning
Officer shall provide the applicant with information concerning the
location of any floodplain district boundary relative to his proposed
construction and the water surface elevation of the base flood at
the proposed construction site. The applicant shall provide all the
necessary information in sufficient detail and clarity to enable the
Township Zoning Officer to determine that:
A.
All such proposals are consistent with the need to minimize flood
damage and conform to the requirements of this and all other applicable
codes and ordinances.
B.
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
D.
Structures 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.
3.
Application Requirements. The Zoning Officer shall require the following
specific information, plus other pertinent information as may be required
by the Zoning Officer, to be included as a part of an application
for a zoning permit in order to make the above determination.
A.
A completed zoning permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date.
(2)
Topographic contour lines, if available.
(3)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision or development.
(4)
The location of all existing streets, drives or other accessways;
and,
(5)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(3)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway, when combined with all
other existing and anticipated development, will not increase the
base flood elevation by more than one foot at any point within the
Township.
(4)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or development.
(5)
Detailed information needed to determine compliance with § 27-603.C(14), "Storage," and § 27-607, "Development Which May Endanger Human Life," including:
(a)
The amount, location and purpose of any materials or substances
referred to in §§ 27-603.C(14) and 27-607 which are
intended to be used, produced, stored or otherwise maintained on site;
and,
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development"; and,
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
4.
Review by the County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Township Zoning Officer to the County Conservation District for
review at least 30 days prior to the issuance of a zoning permit.
The recommendations of the Conservation District shall be considered
by the Zoning Officer for possible incorporation into the proposed
plan. If no comments are received within the 30 days, the Zoning Officer
may take action on the permit application.
5.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Township
Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Township Planning Commission, Township Engineer, etc.) for
review and comment at least 30 days prior to the issuance of a zoning
permit.
6.
Issuance of Zoning Permits. Prior to the issuance of any zoning permit,
the Township Zoning Officer shall review the application to determine
if all other necessary government permits required by State and Federal
laws have been obtained, such as those required by the PA Sewage Facilities
Act (Act 1966-537, as amended); the PA Dam Safety and Encroachments
Act (Act 1978-325, as amended); the PA Clean Streams Act (Act 1937-394,
as amended); and the U.S. Clean Water Act, § 404, 33, U.S.C.
1344. No zoning permit shall be issued until this determination has
been made.
7.
Assessment of Repetitive Loss Issues. In the case of existing structures,
the Township Zoning Officer/Floodplain Administrator shall review
the history of repairs made to the subject building, so that any repetitive
loss issues can be addressed prior to the issuance of a zoning permit.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In passing upon applications for a variance within any identified
floodplain area, the Zoning Hearing Board shall consider all factors
specified in other Sections of this chapter (including § 27-1102.C),
State law relative to variances, and the following:
A.
Variances may be granted for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places provided that the proposed replacement or rehabilitation will
not preclude the structure's continued designation as an historic
structure and that the variance is the minimum necessary to preserve
the historic character and design of the structure.
B.
No variance shall be granted for any construction, development, use
or activity within any Floodway Area/District that would cause any
increase in the base flood elevation (BFE).
C.
No variance shall be granted for any construction, development, use
or activity within an AE Zone without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
E.
If granted, a variance shall involve only the least modification
necessary to provide relief.
F.
In granting any variance, the Township Zoning Hearing Board may attach
whatever reasonable conditions and safeguards it considers necessary
to protect the public health, safety and welfare, and to achieve the
objectives of this chapter.
H.
In reviewing any request for a variance, the Township Zoning Hearing
Board shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship for the applicant; and,
(3)
That granting of the variance will: (a) neither result in unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense, nor (b) create nuisances,
cause fraud on, victimize the public, or conflict with any other applicable
State or local ordinances and regulations.
I.
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. Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In passing upon applications for special exceptions within any identified
floodplain area, the Zoning Hearing Board shall consider all factors
specified in other sections of this chapter (including § 27-1102.D),
and the following:
A.
The danger to life and property due to increased flood heights and
velocities caused by the encroachments. In the Floodway Area/District,
no special exception shall be granted which will cause any rise in
the base flood elevation (BFE).
B.
The danger that materials may be swept onto other lands or downstream
causing injury to others.
C.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
D.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility
to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternate locations not subject to flooding for
the proposed use.
H.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
I.
The safety of access to the property in times of flooding by ordinary
and emergency vehicles.
J.
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site; and,
K.
Such other factors which are relevant to the purposes of this chapter.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Acquisition Areas.
A.
There shall be no building activity allowed in the acquisition areas
of Old Lycoming Township except for flood retrofitting (which shall
require a variance) and accessories needed to facilitate recreational
use, including but not limited to, poles for lights, flow-through
fencing, bleachers, and temporary structures such as mobile concession
stands, job johnnies used for temporary restroom facilities and other
similar structures.
B.
No fill shall be placed above existing ground elevation in the flood
acquisition areas unless such fill is being used as a public flood
mitigation device or to enhance recreational uses.
2.
General Applicability.
A.
Any building activity in a Floodway Area/District (outside of an
acquisition area) shall require a variance.
B.
All structures, except accessory structures, constructed in an identified
floodplain area shall be elevated at least 1 1/2 feet above the
base flood elevation and an elevation certificate shall be required.
Applicants are strongly encouraged to elevate the lowest enclosed
floor of their structures above the required freeboard in order to
enhance the structure's resistance to future flooding, protect it
against higher cresting floods, and potentially reduce flood insurance
premiums.
C.
All required anchoring in identified floodplain areas shall require
engineering documentation and shall be submitted by the Township to
the municipal engineer for review and approval.
D.
The placement of fill or other earthmoving activity within an identified
floodplain area (outside of an acquisition area) shall require a variance.
Engineering documentation and engineering certification shall be required
to show that the fill or earthmoving activity will not result in adverse
impacts on surrounding properties.
