[Ord. No. 2020-01, 1/6/2020]
A.
All significant natural amenities shall be considered and respected
in the design, and construction, of any use.
B.
All uses shall provide for maximum reasonable conservation of natural
drainage patterns, wetlands, ponds, streams, natural topography, substantial
woodlands of mature, healthy trees and large areas of boulders, rock
outcrops, cliff faces and quarries, and notable views of the surrounding
area.
C.
A use shall not occur in such a way that can be clearly shown on
the basis of accepted engineering and environmental standards and
practices to be clearly a serious potential hazard to the public health
and safety.
D.
The natural constraints on a given property shall be identified and
deducted from the entire parcel in both conventional and conservation
design subdivisions. The same calculation shall be applied to individual
lots. Both the entire parcel and the individual lots will have an
adjusted tract area. The adjusted tract area equals the gross area
of the entire parcel or the individual lots minus the constrained
land. The maximum number of permitted dwelling units shall be determined
by multiplying the adjusted tract area by the density factor.
(1)
Constrained Land. Where more than one type of constrained land
overlaps, the constrained land with the higher percentage deduction
shall apply. Constrained land equals the sum of the six elements listed
below:
|
Table 1501-1
| ||
|---|---|---|
|
Constraint
|
Percentage of Constrained Area to be deducted (multiplier)
| |
|
1
|
Wetlands
|
75% (0.75)
|
|
2
|
Floodway
|
100% (1.0)
|
|
3
|
Floodplain
|
75% (0.75)
|
|
4
|
Rock outcrops, cliff and quarry face greater than 1,000 square
feet in area
|
75% (0.75)
|
|
5
|
Steep slopes (greater than 25%)
|
75% (0.75)
|
|
6
|
Steep slopes (12% to 25%)
|
50% (0.50)
|
(2)
Adjusted Tract Area (ATA): The adjusted tract area (ATA) shall
equal the gross tract area minus the constrained lands as determined
in the table above.
(3)
Base Density. The maximum number of permitted dwelling units
(base density) shall equal the adjusted tract area (ATA) multiplied
by the density factor. The density factor is the minimum lot size
of the underlying zoning district expressed as dwelling units per
acre.
[Ord. No. 2020-01, 1/6/2020]
Each landowner shall be responsible to ensure that no land,
building, or structure shall be used or occupied in any manner that
creates or maintains any of the following uses, activities, or conditions:
A.
Communicable disease hazards, including activities that encourage
the feeding, nesting or breeding of disease-prone or disease-carrying
insects and rodents ("vectors").
B.
Physically dangerous conditions, especially creation of hazards that
would be inviting and/or easily accessible by small children ("attractive
nuisance").
C.
Prevent a neighboring landowner of ordinary sensibilities from making
reasonable use of or enjoying their property, including excessive
noise at unreasonable times or durations.
D.
Significant hazard or risk to the public health and safety because
of serious explosive, fire, biological, biogenetic, or toxic substance
hazards.
[Ord. No. 2020-01, 1/6/2020]
[Slopes in Excess of 12% (Twelve-foot vertical distance over
100-foot horizontal distance)]. Steep slope distance limits shall
be applicable to all land uses.
A.
Site Plan: When Required. If the proposed site for a nonagricultural
use includes land shown on the Official Zoning Map or otherwise indicated
as having an average slope of greater than 12%, the Zoning Officer
shall require the applicant to submit a site plan.
B.
Site Plan: Content and Scope.
(1)
The required site plan shall include contours at two-foot vertical
intervals (or another interval preapproved by the Zoning Officer or
Township Engineer), with all areas of slope between 12% and 25% and
greater than 25% separately identified and depicted.
(2)
The Zoning Officer may require the site plan to be prepared
by a professional surveyor, professional engineer, or landscape architect.
This site plan shall also show substantial areas and types of vegetation.
(3)
In conventional subdivisions lots consisting of more than three
acres, only contours for that portion of the lands being considered
for any disturbance of soil shall be required to be shown on the site
plan.
C.
Slopes from 12% to 25%. In conventional subdivisions, if a proposed
building or driveway location, and any areas within 25 feet of the
proposed building and driveway location, are within an area with an
average slope of greater than 12% and less than 25%, then the following
special minimum lot size regulations shall apply, wherever they would
be more restrictive than the otherwise applicable lot size regulations:
D.
Slope 25% or Over. In conventional subdivisions if a proposed building
location and driveway, or any areas within 25 feet of the proposed
building and driveway location, are within an area with an average
slope of 25% or greater, the following special minimum lot size regulations
shall apply, wherever they would be more restrictive than the otherwise
applicable lot size regulations:
F.
Erosion. In all areas of slope greater than 12%, additional care
shall be used in construction, beyond what is normally required, to
manage stormwater runoff and to prevent soil erosion and sedimentation.
The Zoning Officer may require that the site plan and a soil conservation
and erosion and sedimentation control plan be submitted to the County
Conservation District and/or to the Township Engineer for a review
and comment, and the applicant shall comply with any such comments.
G.
Grading. See § 27-1508, pertaining to filling, excavation, and grading, for grading controls. No grading shall occur in such a way that would circumvent the requirements of this chapter. These steep slope requirements shall apply on the basis of the slope of land at the time of the adoption of this chapter.
H.
Man-Made Slopes Excluded. This section shall not apply to steep slopes
that are man-made and were not naturally occurring steep slopes.
[Ord. No. 2020-01, 1/6/2020]
A.
If it reasonably appears to the Zoning Officer or Township Engineer
that a portion of a site would meet one or more of the state or federal
definitions of a "wetland," then the Zoning Officer shall require
the applicant to provide to the Zoning Officer a study by a qualified
wetlands professional determining whether and where such wetlands
exist.
B.
All applicants are hereby put on notice that federal and/or state
regulations may require a property owner to demolish newly constructed
buildings and to remove all fill, if land meeting a definition of
"wetland" is altered without proper permits.
C.
All permits issued by the Township are issued on and subject to the
condition that the applicant is solely responsible for and shall strictly
comply with all applicable federal and state wetlands regulations.
[Ord. No. 2020-01, 1/6/2020]
A.
Intent. To protect all characteristics and parameters of the water
quality of surface waters in the Township, to preserve physical access
to surface waters in case of future public acquisition, to minimize
the effects of soil erosion and sedimentation of or in surface waters,
to preserve the natural stormwater drainage system of the area, and
to conserve sensitive wildlife and aquatic habitats. The areas within
these setbacks may be included or overlap with the required yard areas
for a use, subject to the restrictions and regulations of this section
and this chapter.
B.
Setback Distance From Watercourse, Stream, or Wetland. No new structure, impervious surface, off-street parking, commercial or industrial storage or display area, or earth disturbance shall be located less than 100 feet from the top edge of any portion of the closest bank of a watercourse, stream, or wetland. If the river, watercourse, stream, or wetland is classified as HQ or EV, the setback shall be an additional 50 feet (150 feet total). This setback shall be known as and may by referred to as a "riparian buffer." Refer to the Township's identified floodplain area as defined by § 27-1507C for wider areas that are regulated under Floodplain Area Regulations, § 27-1507, hereof. The exact location of the top edge of the bank shall be determined by the Township Engineer.
C.
Principal structures and areas of impervious coverage, including
off-street parking, or commercial or industrial storage or display
areas, shall be set back a further 25 feet from the outer edge of
the riparian buffer.
D.
Where vegetation does not presently exist within the riparian buffer
setback required by this section, the buffer may be managed and used
through a "no mow" area where native vegetation is able to establish
and naturally succeed itself.
E.
Exemption. The setbacks of this section shall not apply to public
or private utility lines and facilities, recreational trails and facilities,
driveway and roadway crossings including their bridges, culverts,
and their embankments, piers, headwalls, and wing walls, utility crossings,
or stormwater conveyance management and discharge facilities, including,
infiltration, detention and retention basins.
[Ord. No. 2020-01, 1/6/2020]
A.
Definition. "Alluvial soils" shall mean areas designated as such
by the most recent Soil Survey of Northampton County by the U.S. Soil
Conservation Service.
B.
Applicability of Floodplain Ordinance. If construction, grading,
or any land development or subdivision is proposed within alluvial
soils along a segment of a creek or major drainage swale that has
not been included in the federal 100-year floodplain study, then the
applicant shall perform and complete a floodplain study to determine
the extent of the 100-year floodplain at the site or property.
C.
Study. The floodplain study shall be performed in accordance with
federal floodplain methodology and to federal floodplain standards
by a person who is clearly qualified and credentialed in floodplain
studies. The entire cost of the study and any review by the Township
Engineer shall be borne by the applicant.
D.
Effect. Within any area determined to be within the 100-year floodplain,
the floodplain area regulations of this chapter shall apply.
E.
Option. In the alternative, the applicant may choose not to have
a floodplain study performed. In such event, the alluvial soils areas
along the unstudied watercourse segments shall be required to meet
the same requirements as the 100-year floodplain.
[Ord. No. 2020-01, 1/6/2020]
A.
General Provisions.
(1)
Intent. The intent of this chapter is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability:
(a)
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within Williams Township unless a building
permit has been obtained from the Floodplain Administrator.
(b)
A permit shall not be required for minor repairs to existing
buildings or structures.
(3)
Abrogation and Greater Restrictions. This chapter supersedes
any other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
for this chapter, the more restrictive shall apply.
(4)
Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this chapter shall be declared invalid for any
reason whatsoever, such a decision shall not affect the remaining
portions of the Ordinance, which shall remain in full force and effect,
and for this purpose the provisions of this chapter are hereby declared
to be severable.
(5)
Warning and Disclaimer of Liability.
(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;
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 used permitted within such areas, will be free from flooding
or flood damages.
(b)
This chapter shall not create liability on the part of the 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.
B.
Administration.
(1)
Designation of the Floodplain Administrator. The Zoning Officer
within the Zoning Department is hereby appointed to administer and
enforce this chapter and is referred to herein as the Floodplain Administrator.
The Zoning Officer shall have the responsibility, authority and means
to implement the commitments made. The Zoning Officer shall be responsible
to submit a report to FEMA concerning the Township participation in
the program. These responsibilities and duties can then be delegated
from the Zoning Officer. However, the ultimate responsibility lies
with the Zoning Officer who is identified as the Floodplain Administrator.
(2)
Permits Required. A permit shall be required before any construction
or development is undertaken within any area of the Township.
(3)
Duties and Responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a building permit only
after it has been determined that that proposed work to be undertaken
will be in conformance with the requirements of this and all other
applicable codes or ordinances.
(b)
Prior to the issuance of any building permit, the Floodplain
Administrator shall review the application for the permit to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania
Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania
Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water
Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued
until this determination has been made.
(c)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(d)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(f)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(g)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter including, but not limited to,
permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall consider the requirements
of 34 Pa. Code and the 2009 IBC and the 2009 IRC as amended.
(4)
Application Procedures and Requirements.
(a)
Application for such a building permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by Williams Township.
Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed
construction is to occur.
[3]
Name and address of contractor.
[4]
Site location including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated
cost, including a breakout of flood-related cost and the market value
of the building before the flood damage occurred, where appropriate.
[7]
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
(b)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[1]
All such proposals are consistent with the need
to minimize flood damage and conform with the requirements of this
and all other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas,
electrical and water systems are located and constructed to minimize
or eliminate flood damage;
[3]
Adequate drainage is provided so as to reduce exposure
to flood hazards;
[4]
Structures will be anchored to prevent floatation,
collapse, or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage
have been used; and
[7]
Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities have been designed
and located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
[1]
A completed building permit application form.
[2]
A plan of the entire site, clearly and legibly
drawn at a scale of one inch being equal to 100 feet or less, showing
the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and land development;
[d]
The location of all existing streets, drives, and
other accessways;
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway and the flow of water including direction
and velocities; and
[f]
All property and lot lines including dimensions,
and the size of the site expressed in acres or square feet.
[3]
Plans of all proposed buildings, structures and
other improvements, drawn at suitable scale showing the following:
[4]
The following data and documentation:
[a]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[b]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[c]
Documentation, certified by a registered professional engineer or architect, which states that the proposed construction or development within an AE Area/District without floodway [see § 27-1507C(2)(b)] when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
[d]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of floodproofing measures, which have been incorporated into the design
of the structure and/or the development.
[e]
Detailed information needed to determine compliance with § 27-1507D(3)(f), Storage, and § 27-1507D(4), Development Which May Endanger Human Life, including:
(i)
The amount, location and purpose of any materials or substances referred to in § 27-1507D(3)(f) and § 27-1507D(4) which are intended to be used, produced, stored or otherwise maintained on site.
(ii)
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 27-1507D(4) during a base flood.
[f]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development.
[g]
Where any excavation of grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection,
to implement and maintain erosion and sedimentation control.
[h]
Applications for permits shall be accompanied by
a fee, payable to the municipality based upon the estimated cost of
the proposed construction as determined by the Flood Administrator.
(5)
Review by 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 Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Floodplain Administrator for possible incorporation into the proposed
plan.
(6)
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
(7)
Changes. After the issuance of a building permit by the Floodplain
Administrator, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Floodplain Administrator. Requests for any such change shall be in
writing, and shall be submitted by the applicant to Floodplain Administrator
for consideration.
(8)
Placards. In addition to the building permit, the Floodplain
Administrator shall issue a placard that shall be displayed on the
premises during the time construction is in progress. This placard
shall show the number of the permit and the date of its issuance,
and be signed by the Floodplain Administrator.
(9)
Start of Construction.
(a)
Work on the proposed construction and/or development shall begin
within 180 days and shall be completed within 12 months after the
date of issuance of the building permit or the permit shall expire
unless a time extension is granted, in writing, by the Floodplain
Administrator. Construction and/or development shall be considered
to have started with the 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.
(b)
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request.
(10)
Enforcement.
(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]
Include a statement of the reasons for its issuance;
[3]
Allow a reasonable time not to exceed a period
of 30 days for the performance of any act it requires;
[4]
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;
[5]
Contain an outline of remedial action that, if
taken, will effect compliance with the provisions of this chapter.
(b)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a summary offense, and, upon conviction, shall pay a fine to Williams
Township. The amount of the fine shall be determined by the Board
of Supervisors as set by resolution plus costs of prosecution. In
addition to the above penalties all other actions are hereby reserved
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this chapter may be declared by the Board of Supervisors to be a public
nuisance and abatable as such.
(11)
Appeals.
(a)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(b)
Upon receipt of such appeal, the Zoning Hearing Board shall
set a time and place, within not less than 10 nor more than 30 days,
for the purpose of considering the appeal. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
(c)
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this commonwealth, including the Pennsylvania Flood Plain Management
Act.
C.
Identification of Floodplain Areas.
(1)
Identification. The identified floodplain area shall be:
(a)
Any areas of Williams Township classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated July 16, 2014, 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; and
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Williams Township and declared
to be a part of this chapter.
(2)
Description and Special Requirements of Identified Floodplain
Areas. The identified floodplain area shall consist of the following
specific areas:
(a)
The Floodway Area/District shall be those areas identified as
Floodway on the FIRM as well as those floodway areas that have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway 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.
[1]
Within any floodway area, no encroachments, including
fill, new construction, substantial improvements, or other development
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
No new construction or development shall be allowed,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA and for which
base flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those
areas identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided and a floodway
has been delineated.
[2]
AE Area without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
[3]
No permit shall be granted for any construction,
development, use, or activity within any AE Area/District without
floodway designation 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.
(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 one-percent-annual-chance flood elevations have been provided.
For these areas, elevation and floodway information from other federal,
state, or other acceptable source shall be used when available. Where
other acceptable information is not available, the elevation shall
be determined by using the elevation of a point on the boundary of
the identified floodplain area that is nearest the construction site.
(d)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(3)
Changes in Identification of Area. The identified floodplain
area may be revised or modified by the Board of Supervisors where
studies or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, a community shall notify the FEMA of the changes by submitting
technical or scientific data.
(4)
Boundary Disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Williams Township Planning Commission. Any party aggrieved
by this decision or determination may appeal to the Board of Supervisors.
The burden of proof shall be on the appellant.
D.
Technical Provisions.
(1)
General.
(a)
Alteration or Relocation of Watercourse.
[1]
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Regional Office.
[2]
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse unless it can be shown that
the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way.
[3]
In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
(b)
When a community proposes to permit the following encroachments:
[1]
Any development that causes a rise in the base
flood elevations within the floodway; or
[2]
Any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or
[3]
Alteration or relocation of a stream (including,
but not limited to, the installment of culverts and bridges);
[4]
The applicant shall (as per 44 CFR Part 65.12):
[a]
Apply to FEMA for conditional approval of such
action prior to permitting the encroachments to occur.
[b]
Upon receipt of the Administrator's conditional
approval of map change and prior to approving the proposed encroachments,
a community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
[c]
Upon completion of the proposed encroachments,
a community shall provide as-built certifications. FEMA will initiate
a final map revision upon receipt of such certifications a accordance
with 44 CFR Part 67.
(c)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this chapter and any other
applicable codes, ordinances and regulations.
(d)
Within any identified floodplain area [see § 27-1507C(2)], no new construction or development shall be located within the area measured 100 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Pennsylvania Department of Environmental Protection Regional Office.
(2)
Elevation and Floodproofing Requirements.
(a)
Residential Structures (including residential accessory structures).
[1]
In AE Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations
specified on the FIRM, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation determined in accordance with
Subsection C(2)(c) and (d).
[3]
The design and construction standards and specifications
contained in the 2009 International Building Code (IBC) and in the
2009 International Residential Code (IRC) as amended, thereof and
ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall
be utilized.
(b)
Nonresidential Structures (including nonresidential accessory
structures).
[1]
In AE Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
[2]
In A Zones, where no base flood elevations are
specified on the FIRM, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated or completely
floodproofed up to, or above, the regulatory flood elevation determined
in accordance with Subsection C(2)(c) and (d) of this chapter.
[3]
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.
[4]
The design and construction standards and specifications
contained in the 2009 International Building Code (IBC) and in the
2009 International Residential Code (IRC)s amended and ASCE 24 and
34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (excluding
basements) which will be used solely for the parking of a vehicle,
building access, or incidental storage in an area other than a basement,
shall be designed and constructed to allow for the automatic entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "fully enclosed space" also includes
crawl spaces.
[2]
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.
[d]
Historic Structures. 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 an historic
structure. Documentation that a specific ordinance requirement will
cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic Places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(3)
Design and Construction Standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building
line from all points;
[2]
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted;
[3]
Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
[4]
Be no steeper than one vertical or two horizontal
feet unless substantiated data, justifying steeper slopes are submitted
to, and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely
affect adjacent properties.
(b)
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and Sanitary Sewer Facilities and Systems.
[1]
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be
designed to prevent the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
[4]
The design and construction provisions of the UCC
and FEMA No. 348, Protecting Building Utilities From Flood Damages,
and the International Private Sewage Disposal Code shall be utilized.
(d)
Other Utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive or, in time of flooding, could be injurious to human, animal, or plant life, and not listed in § 27-1507D(4), Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
Placement of Buildings and Structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
(i)
Floors, Walls and Ceilings.
[1]
Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring, perpendicular to the flooring grain without causing
structural damage to the building.
[2]
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
[3]
Walls and ceiling at or below the regulatory flood
elevation shall be designed and constructed of materials that are
water-resistant and will withstand inundation.
[4]
Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
(j)
Paints and Adhesives.
[1]
Paints and other finishes used at or below the
regulatory flood elevation shall be or a marine or water-resistant
quality.
[2]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.)
shall be finished with a marine or water-resistant paint or other
finishing material.
(l)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevations.
(m)
Fuel Supply Systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(n)
Uniform Construction Code Coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and supplement the requirements of this
chapter.
[1]
International Building Code (IBC) 2009 or the latest
edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402,
and Appendix G.
[2]
International Residential Building Code (IRC) 2009
or the latest edition thereof: Sections R104, R105, R109, R323, Appendix
AE101, Appendix E and Appendix J.
(4)
Development Which May Endanger Human Life.
(a)
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 will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances; shall be
subject to the provisions of this section, in addition to all other
applicable provisions.
(b)
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]
Phosphor.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as much substances
are not otherwise regulated.
(c)
With any floodway area, any structure of the kind described
in Subsection D(4)(b), above, shall be prohibited.
(d)
Within any identified floodplain area, any new or substantially
improved structure of any kind described in Subsection D(4), above,
shall be prohibited within the area measured 100 feet landward from
the top-of-bank of any watercourse.
(e)
Where permitted within any identified floodplain area, any new
or substantially improved structure of the kind described in Subsection
D(4)(a), above, shall be:
[1]
Elevated or designed and constructed to remain
completely dry up to at least 1 1/2 feet above the base flood
elevation.
[2]
Designed to prevent pollution from the structure
or activity during the course of a base flood.
[3]
Any such structure, or part thereof, that will
be built below the regulatory flood elevation shall be designed and
constructed in accordance with the standards for completely dry floodproofing
contained in the publication "Flood-Proofing Regulations" (U.S. Army
Corps of Engineers, June 1972 as amended March 1992), or with some
other equivalent watertight standard.
(5)
Special Requirements for Subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in identified floodplain areas
where base flood elevation data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
(6)
Special Requirements for Manufactured Homes.
(a)
Within any floodway area, manufactured homes shall be prohibited.
(b)
Within any identified floodplain areas, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(c)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall:
[1]
Be placed on a permanent foundation.
[2]
Be elevated so that the lowest floor of the manufactured
home is 1 1/2 feet or more above the base flood elevation.
[3]
Be anchored to resist flotation, collapse, or lateral
movement.
[4]
Have all ductwork and utilities including HVAC/heat
pump elevated to the regulatory flood elevation.
(d)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, shall apply, and 34 Pa. Code Chapters
401 through 405.
(e)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC, as amended, 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 units' proposed installation.
E.
Activities Requiring Special Permits.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area unless a
special permit has been issued by the 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 permit application form.
(b)
A small-scale map showing the vicinity in which the proposed
site is located.
(c)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale and date;
[2]
Topography based upon the National American Vertical
Datum (NAVD) of 1988, showing existing and proposed contours at intervals
of two feet;
[3]
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet;
[4]
The location of all existing streets, drives, other
accessways, and parking areas, with information concerning widths,
pavement types and construction, and elevations;
[5]
The location of any existing bodies of water or
watercourses, buildings, structures and other public or private facilities,
including railroad tracks and facilities, and any other natural and
man-made features affecting, or affected by, the proposed activity
or development;
[6]
The location of the floodplain boundary lines,
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 that the municipality considers
necessary for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
[1]
Sufficiently detailed architectural or engineering
drawings, including floor plans, sections, and exterior building elevations,
as appropriate;
[2]
For any proposed building, the elevation of the
lowest floor (including basement) and, as required, the elevation
of any other floor;
[3]
Complete information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with the base flood;
[4]
Detailed information concerning any proposed floodproofing
measures;
[5]
Cross-section drawings for all proposed streets,
drives, other accessways, and parking areas, showing all rights-of-way
and pavement widths;
[6]
Profile drawings for all proposed streets, drives,
and vehicular accessways including existing and proposed grades; and
[7]
Plans and profiles of all proposed sanitary and
storm sewer systems, water supply systems, and any other utilities
and facilities.
(e)
The following data and documentation:
[1]
Certification from the applicant that the site
upon which the activity or development is proposed is an existing
separate and single parcel, owned by the applicant or the client he
represents;
[2]
Certification from a registered professional engineer,
architect, or landscape architect that the proposed construction has
been adequately designed to protect against damage from the base flood;
[3]
A statement, certified by a registered professional
engineer, architect, landscape architect, or other qualified person
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a base including a statement concerning the effects
such pollution may have on human life;
[4]
A statement certified by a registered professional
engineer, architect, or landscape architect, which contains a complete
and accurate description of the effects the proposed development will
have on base flood elevations and flows;
[5]
A statement, certified by a registered professional
engineer, architect, or landscape architect, which contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the base flood elevation and the effects such materials and
debris may have on base flood elevations and flows;
[6]
The appropriate component of the Department of
Environmental Protection's Planning Module for Land Development;
[7]
Where any excavation or grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection
to implement and maintain erosion and sedimentation control;
[8]
Any other applicable permits such as, but not limited
to, a permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
[9]
An evacuation plan that 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 those of Subsection A.
(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 Williams Township Planning
commission and the Williams Township Engineer for review and comment.
(b)
If an application is received that is incomplete, Williams Township
shall notify the applicant in writing, stating in what respect the
application is deficient.
(c)
If Williams Township decides to disapprove an application, it
shall notify the applicant, in writing, of the reasons for the disapproval.
(d)
If Williams 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,
by registered or certified mail, within five working days after the
date of approval.
(e)
Before issuing the Special Permit, Williams Township shall allow
the Department of Community and Economic Development 30 days, after
receipt of the notification by the Department, to review the application
and decision made by Williams Township.
(f)
If Williams Township does not receive any communication from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a Special Permit to the applicant.
(g)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify Williams Township
and the applicant, in writing, of the reasons for the disapproval,
and Williams Township shall not issue the Special Permit.
(4)
Special Technical Requirements.
(a)
In addition to the requirements of Subsection C of this section,
the following minimum requirements shall also apply to any proposed
development requiring a Special Permit. If there is any conflict between
any of the following requirements and those in Subsection C of this
section or in any other code, ordinance, or regulation, the more restrictive
provision shall apply.
(b)
No application for a Special Permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
[1]
Fully protect the health and safety of the general
public and any occupants of the structure. At a minimum, all new structures
shall be designed, located, and constructed so that:
[a]
The structure will survive inundation by waters
of the base flood without any lateral movement or damage to either
the structure itself, or to any of its equipment or contents below
the base flood elevation.
[b]
The lowest floor (including basement) elevation
will be at least 1 1/2 feet above the base flood elevation.
[c]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the 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
be 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 Williams Township and the Department of Community
and Economic Development.
F.
Existing Structures in Identified Floodplain Areas.
(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, the
provisions of Subsection F(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever
any improvement is made to an existing structure located within any
identified floodplain area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the base flood.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any AE Area/District without floodway that would, together
with all other existing and anticipated development, increase that
base flood elevation more than one foot at any point.
(c)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only if full compliance with the provisions
of this chapter.
(d)
The above activity shall also address the requirements of 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, as amended.
(e)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(f)
Any modification, alteration, reconstruction, or improvement
of any kind that meets the definition of "repetitive loss" shall be
undertaken only in full compliance with the provisions of this chapter.
G.
Variances.
(1)
General. If compliance with any of the requirements of this
chapter would result in an exceptional hardship to a prospective builder,
developer or landowner, Williams Township may, upon request, grant
relief from the strict application of the requirements.
(2)
Variance Procedures and Conditions. Requests for variances shall
be considered by the Township in accordance with the procedures contained
in Subsection B(11) and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the base flood elevation.
(b)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by Special Permit (or prohibited activities) (Subsection E) or to
Development Which May Endanger Human Life [Subsection D(4)].
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, Williams Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this chapter.
(g)
(h)
A complete record of all variance requests and related actions
shall be maintained by Williams Township. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
(i)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
H.
Definitions.
(1)
General. Unless specifically defined below, words and phrases
used in this chapter shall be interpreted so as to give this chapter
its most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific Definitions. As used in this section, 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.
A flood that has a one-percent chance of being equaled or
exceeded in any given year (also called the "100-year flood" or one-percent-annual-chance
flood).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
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 one-percent 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 habitation.
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 the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
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 areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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 Historical Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting 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 historical places
in states approved by the Secretary of 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
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purposed 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 16, 2014, and includeds any subsequent improvements
to such structures. Any construction started after September 14, 1979,
and before July 16, 2014, is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
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 or rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated April 2001, whichever is later,
and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred before the community's initial Flood Insurance Rate Map (FIRM)
dated September 14, 1979, and, as such, would not be required to be
compliant with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion, of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit unless a time extension is granted, in writing, by the
Floodplain Administrator. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufacture 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
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
or repetitive loss, regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violation of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[Ord. No. 2020-01, 1/6/2020]
A.
Grading Ordinance. Any and all earth moving or filling or excavating
or earth disturbance shall comply with Williams Township Ordinance
No. 2011-1, the Township Grading Ordinance, as may be amended from
time to time.[1] The Township Grading Ordinance, as amended, is incorporated
herein by reference thereto and shall be considered a provision of
this land use ordinance.
(1)
All nonagricultural activities which require the disturbance
of more than 2,000 square feet of earth surface area shall file a
grading permit application for review and approval by the Township
pursuant to Ordinance 2011-1, Grading Ordinance, amended from time
to time. No such disturbance shall occur unless in conformance with
the permit.
(2)
All nonagricultural activities which disturb more than one acre
(43,560 square feet) of earth surface area will also require a NPDES
permit and post-construction stormwater management plan approval by
the County Conservation District and/or Department of Environmental
Protection, pursuant to the provisions of Title 25, Chapter 102, of
the Pa. Code as amended.
B.
Tree Removal. Any person who removes or proposes to remove more than 10 trees with a trunk diameter of six inches or more (measured at a height of 4 1/2 feet above the original grade), shall submit a plan to the Township for review and shall not remove such trees until approval. See also § 27-1517, pertaining to preservation of trees and forests.
C.
Wall Construction. All proposed retaining walls four feet or higher
at any point require a review and approval by the Township Engineer
and a permit through the Township's Building Code Program, before
such wall is constructed.
D.
Dumping and Disposal. All junk, debris, contaminated soil, construction
and demolition debris, tree stumps, or solid waste shall be properly
disposed of in a disposal facility permitted by the PADEP to receive
such wastes. Burying or burning of the above described wastes is prohibited.
[Ord. No. 2020-01, 1/6/2020]
A.
No above-ground or surface storage of potentially explosive or hazardous
liquids, gases, or chemicals in any quantity in excess of 200 cubic
feet or 1,500 gallons in volume at standard temperature and pressure
shall be stored or maintained within 150 feet of a residential district
boundary or dwelling, except for the following substances for on-lot
use only: building heating fuels, fire suppression chemicals, fertilizers,
janitorial chemicals, and printing supplies.
B.
All outdoor above-ground storage facilities areas for potentially
explosive or hazardous liquids, gases, or chemicals shall be enclosed
by a secure and locked chain link or similar fence with a minimum
height of seven feet, and shall include a sign stating their contents,
and the appropriate hazardous materials placard.
C.
No substance shall be stored in such a way that it could be discharged
into the groundwater or surface water, if such substance could:
D.
If a substance threatens or would result in groundwater or surface
water contamination or pollution, that substance shall be stored within
a double, secondary or redundant impermeable containment. Such storage
shall be surrounded if needed by an earthen berm that would contain
and confine any spilled substance, and facilitate the substance draining
to an impermeable engineered collection area.
E.
If the Zoning Hearing Board determines that a significant fire or
explosive hazard could exist, the Zoning Hearing Board may make a
condition of a zoning permit that the operation, storage or process
that threatens the hazard comply fully with the relevant standards
for that operation, storage or process as developed by the National
Fire Protection Association, as amended.
[Ord. No. 2020-01, 1/6/2020]
A.
General. All methods of sewage and waste generation, collection,
conveyance, transportation, treatment and disposal shall comply with
the regulations, permits, and orders of the Pennsylvania Department
of Environmental Protection, and shall be in accordance with the Official
Township Sewage Facilities Plan, and applicable Township Sewage Regulations,
including Township Ordinance No. 1977-3, as each may be amended or
superseded from time to time.[1]
B.
On-Lot Systems. Any on-lot septic system (also known as an "on-lot
sewage disposal system") shall be recertified as to capacity and quality
of treatment if a conversion or expansion of an existing use would
cause an increase in sewage flows, volume, concentration, strength,
or loading.
C.
Back-Up System. Any lot using an on-lot septic system shall also
include an open land area that has been satisfactorily tested and
approved as suitable for installing a second system with the same
size and treatment capacity if the first system fails.
[Ord. No. 2020-01, 1/6/2020]
A.
No person shall operate or cause to be operated on privately or publicly
owned property any source of sound in such a manner as to create a
sound level which exceeds the limits set forth in this section in
the following table, when measured at or within a lot line of the
receiving lot or district boundary:
|
Table 1501-2: Sound Level Limits by Receiving Land Use and Time
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Hours (Prevailing Local Time)
|
Sound Level Limit
(dBA)
| |
|
Residential or AG District or lot line of an existing dwelling
or hospital*
|
1)
|
7:00 a.m. to 9:00 p.m.
|
57
|
|
2)
|
9:00 p.m. to 7:00 a.m.
|
53
| |
|
Commercial or CR District*
|
At all times
|
64
| |
|
Industrial district or existing street right-of-way
|
At all times
|
69
| |
|
*Temporary use exception
|
For noise generated by a permitted use that only operates a
maximum of 21 days in any calendar year, between 8:00 a.m. and 8:00
p.m.
|
75
| |
B.
For any source of sound that emits a pure tone, the maximum sound level limits set forth in § 27-1511A shall be reduced by five dBA.
C.
The maximum permissible sound level limits set forth in § 27-1511A shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or construction work to provide electricity, water, or
other public utilities between the hours of 7:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawnmowers between the hours of 8:00
a.m. and 9:00 p.m.
(4)
Construction operations (including the occasional use of explosives
in construction) and repairs of public facilities (including sidewalks
and streets) between the hours of 7:00 a.m. and 9:00 p.m. except for
clearly emergency repairs that are not restricted by time.
(5)
Agricultural activities, including permitted animal husbandry,
but not including a kennel.
(6)
Motor vehicles travelling on state-owned streets.
(7)
Public celebrations, specifically authorized by the Township.
(8)
Railroads.
(9)
Unamplified human voices.
(10)
Routine ringing of bells and chimes by a place of worship.
[Ord. No. 2020-01, 1/6/2020]
No person or use shall cause, permit, create, or generate vibration
that is perceptible to an average person through his or her senses
(without the use of measuring instruments) beyond the lot line of
the use or person that is generating the vibration.
[Ord. No. 2020-01, 1/6/2020]
A.
Air Pollution. All uses and persons shall comply with all applicable
state and federal air pollution laws and regulations.
B.
Odors. No person or use shall generate odors that are more frequent
or longer in duration than three minutes in every hour (5% of time)
and seriously offensive to persons of average sensibilities beyond
the boundaries of the lot line of the use or person that is creating
or releasing the odor. This restriction shall not apply to odors subject
to Pennsylvania Department of Environmental Protection regulations
allowed by a PADEP permit, or created by permitted agricultural uses
that are using normal farming practices (see Act 133 of 1982, the
Pennsylvania "Right to Farm Act").
[Ord. No. 2020-01, 1/6/2020]
A.
Street Lighting Exempted. This § 27-1514 shall not apply to street lighting that is owned or maintained by the Township or the state.
B.
Height of Lights. No luminary, spotlight or other light source that
is within 200 feet of a dwelling or residential district shall be
placed at a height exceeding 40 feet above the average surrounding
ground level. This limitation shall not apply to lights needed for
air safety nor lights intended solely to illuminate an architectural
feature.
C.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover in the direction(s)
where the light is intended to be emitted to prevent bulbs from being
exposed or directly visible from abutting streets or lots.
D.
Shielding. All light sources, including signs, shall be shielded
around the light source, and the shielding shall be carefully directed
and placed to prevent the lighting from being visible in any direction
other than where the light is intended to be emitted. No lighting
shall create a nuisance to reasonable persons in adjacent dwellings
or residential district zoning areas, and all lighting sources shall
be shielded to prevent the lighting from shining into the eyes of
passing motorists. No spotlight shall be directed such that the bulb
itself is directly visible from a public street or nearby dwelling.
E.
Maximum Candlepower. No lighting source, including signs, shall spill
over a property line in such a way as to cause an illumination of
greater than the following amounts, measured in any direction at the
ground surface at the lot line of the receiving lot or street:
F.
Flickering. Flashing, flickering or strobe lighting is prohibited,
except for nonadvertising seasonal lights between November 1 and January
6. This prohibition shall not apply to changeable messages or billboards
that do not change more often than at fifteen-second intervals.
G.
Measurement. The maximum illumination levels of this section shall
be measured with a photoelectric photometer having a spectral response
similar to that of the human eye, at an angle and in the direction
that results in the highest value. A "footcandle" is defined as a
unit of measurement equaling the illumination on a surface one square
foot in area where there is a distribution of light having a candlepower
of one candela.
[Ord. No. 2020-01, 1/6/2020]
A.
Noise. No permanent outdoor machinery, such as exhaust fans, central air conditioning units, heat pumps, power generator or high voltage electric transformers shall routinely produce noise that would violate the noise standards of § 27-1511, pertaining to noise control.
B.
Placement. Whenever reasonable, outdoor machinery that could create
a noise nuisance shall be placed on a side of a commercial or industrial
building that does not face an abutting existing dwelling, residential
zoning district, or other noise-sensitive use.
C.
Safety. Hazards involving outdoor machinery shall be well marked.
Adequate and secured and locked fencing shall be provided as needed
to keep children away from hazardous machinery and equipment.
D.
Trash Containers. All trash containers of greater than one cubic
yard capacity shall be screened on three of four sides from view from
public streets and abutting dwellings by a solid wooden fence, brick
wall, or evergreen plants. No dumpster shall be kept within 10 feet
of a dwelling unit. These restrictions shall not apply during temporary,
construction, demolition, or cleanup activities.
[Ord. No. 2020-01, 1/6/2020]
A.
No use shall cause electrical disturbances to equipment on other
lots, to the extent that the use, quality, or functionality of that
equipment is impeded or affected.
B.
No radioactive wastes shall be disposed of in any zoning district.
Radioactive wastes shall not be stored on any lot for longer than
90 days after their active use is completed unless permitted by state
and federal law regulations.
[Ord. No. 2020-01, 1/6/2020]
A.
Intent. To protect wildlife and bird habitats, encourage groundwater
recharge, avoid pollution of creeks by high temperature runoff, prevent
soil erosion and sedimentation, maintain soil fertility, and maintain
the attractive character of areas and functionality as a buffer, and
to conserve energy.
B.
Tree Removal Restriction. No tree with a trunk diameter of six inches
or more (measured at a height 41/2 feet above original grade) shall
be removed unless the trunk of such tree meets or will meet one or
more of the following conditions:
(1)
Is within a proposed or existing vehicular cartway, shoulder,
or sidewalk, or within an existing or proposed street right-of-way;
(2)
Is within five feet of an approved stormwater detention basin,
drainage swale, paved area, driveway, or on-lot sewage system;
(3)
Is within 20 feet of the foundation of a structure;
(4)
Is within an existing or proposed utility corridor, or easement,
or within 10 feet of any utility or service pipe, conduit, or line,
either underground or aerial;
(5)
Is diseased, dead, or poses a clear danger to a structure, utility,
or public improvement;
(6)
Poses a sight distance hazard, or obstruction;
(7)
Is clearly of old age and unhealthy and cannot reasonably be
expected to live for more than an additional five years;
(8)
Is within the footprint area of an approved principal or accessory
use, building, or structure that clearly requires the removal of the
tree; or
(9)
Is within an area that is shown on an approved plan for either
grading, stockpiles, storage, or soil erosion and sedimentation control
best management practices.
C.
Protection of Trees During Construction. Reasonable efforts shall
be taken during any construction to ensure that trees protected by
this section are not accidentally removed or injured, including root
compaction by equipment and materials, damage by equipment, or change
in grade level. The following standards shall be applied:
(1)
The tree protection zone shall be defined as five feet beyond
the drip line of the protected tree.
(2)
No grading, excavation, filling, or other change or disturbance
in existing grade shall be permitted or shall occur within the tree
protection zone.
(3)
No boards or other materials shall be nailed or otherwise attached
to trees during construction.
(4)
Neither construction materials, equipment, soil, nor debris
shall be placed, stored or disposed of within the tree protection
zone of trees to be retained, except for mulched vegetative matter
used to prevent soil compaction.
(5)
Tree trunks, limbs, and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with ISA (International Society of Arboriculture) standards
and recommended practices.
(6)
Any clearing within the tree protection zone shall be done by
hand-operated equipment.
(7)
Parking of vehicles and heavy equipment is prohibited within
the tree protection zone.
(8)
The tree protection area shall be delineated and secured during
construction by installing a temporary fence at or outside the tree
protection area. The fence shall be prominently colored such as snow
fence or orange plastic construction fence or barrier, at least four
feet high, supported by substantial posts at not less than ten-foot
spacing to resist entrance by individual persons.
D.
Tree Replacement and Reforestation: Trees removed for any reason other than those reasons listed in Subsection B shall be replaced according to the following schedule. The type of replacement trees shall be the same as the species removed from the site or other as approved by the Township.
|
Table 1501-3 - Tree Replacement Schedule
| |
|---|---|
|
Caliper of Existing Tree Removed (DBH)
|
Number of Replacement Trees (2-inch caliper)
|
|
Less than 6 inches
|
1
|
|
Between 6 and 12 inches
|
3
|
|
Between 12 and 18 inches
|
4
|
|
Between 18 and 24 inches
|
5
|
|
Between 24 and 30 inches
|
7
|
|
Between 30 and 36 inches
|
10
|
|
36 inches or greater
|
The equivalent of 3-inch caliper trees or greater needed to
equal the DBH* of the removed tree.
|
|
NOTE:
| |
|
*
|
Diameter at breast height
|
E.
Applicability. This section shall not apply to agriculture or to
customary lot development involving removal of less than 100 square
feet on a lot that is not related to a subdivision or land development.
F.
Specimen trees (as determined by a certified arborist) shall not
be removed unless a certified arborist has determined that the tree
is diseased or presents a hazard.
G.
Forestry Activities. This section is not intended to apply to commercial forestry, which is permitted and regulated as a distinct land use in all zoning districts. See § 27-1520 et seq. (below) pertaining to forestry activities.
I.
Plot Plan Required. The owner or applicant shall provide a plot plan
delineating the limits of construction and also showing the removal
of all trees in excess of six inches in diameter.
[Ord. No. 2020-01, 1/6/2020]
The permanent stripping and removal of topsoil from any lot
is prohibited, except on portions of a lot for which approval has
been received to construct a sidewalk, structure, building, paving
or a similar impermeable or engineered surface. This shall not restrict
the temporary stockpiling of topsoil during construction, nor routine
crop farming practices.
[Ord. No. 2020-01, 1/6/2020]
Submission of a hydrological analysis shall be required for
developments that will withdraw more than 2,000 gallons per day from
groundwater or surface water. The hydrological analysis shall consist
of a written report prepared by a licensed professional geologist.
The report shall address water availability and recharge for the project
and shall include a water budget, which determines whether or not
there is sufficient groundwater available for the project. No development
will be permitted that is anticipated to withdraw more groundwater
or surface water than typically falls on that site in an average year.
[Ord. No. 2020-01, 1/6/2020; as amended by Ord. No.
2023-2, 8/9/2023]
Forestry activities, including, but not limited to, timber harvesting,
shall be a permitted-by-right and accessory use in all zoning districts
of Williams Township. Forestry activities shall be conducted in accordance
with the following requirements, conditions, and/or approvals.
A.
Purpose. To preserve forests and the environmental and economic benefits they provide, it is the policy of the Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in Subsections A through H are intended to further this policy by:
B.
Scope; Applicability. A zoning permit shall be required for all forestry/timber
harvesting activities; however, an individual property owner need
not obtain a permit to cut a tree or trees as part of normal home
maintenance and upkeep, and the following activities are specifically
exempted:
(1)
Removal of diseased or dead tree.
(2)
Removal of trees which are in such a condition or physical position
as to constitute a danger to the structures or occupants of properties
or a public right-of-way.
(3)
Removal of up to five trees per acre of woodlands per year,
not to exceed a total of 10 trees per lot, or any combination of adjoining
lots in common ownership, which are 12 inches or more in diameter,
measured at breast height (dbh), and not covered by the exemptions
in the foregoing two subsections.
(4)
When a building permit is issued for a building, structure or
use, the permittee may cut down any trees which exist in the space
to be occupied by such building, structure or use, or within 30 feet
of such building, structure or use, and all space within 10 feet of
all sides of any utility line, stormwater conveyance or detention
structure, driveway, parking area, water system or sewage disposal
system or permitted accessory uses.
C.
FELLING
FORESTRY
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
PROFESSIONAL FORESTER
(1)
(2)
(3)
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING or LOGGING
TOP
WETLAND
Definitions. As used in Subsections A through H, the following terms shall have the meanings given them in this section.
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development. Clear cutting
or selective cutting of forestlands for a land use change is excluded
from this definition.
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association or
corporation that is in actual control of forestland, whether such
control is based on legal or equitable title, or on any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site such
as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
A forester meeting one of the following requirements:
Two years of technical forestry experience and an associate's
degree in forest technology, forestry, forest management, forest ecosystem
management, urban forestry, forest science, agroforestry, or a related
forestry or natural sciences degree; or
A bachelor's degree in forest technology, forestry, forest
management, forest ecosystem management, urban forestry, forest science,
agroforestry, or a related forestry or natural sciences degree; or
A master's degree in forest technology, forestry, forest
management, forest ecosystem management, urban forestry, forest science,
agroforestry, or a related forestry or natural sciences degree.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including lots,
chunks, bark, branches, uprooted stumps and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, history,
and current species composition are sufficiently uniform to be managed
as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products. Clear cutting or selective cutting of forestlands
for a land use change is excluded from this definition.
The upper portion of a felled tree that is unmerchantable
because of small size, taper or defect.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions including swamps, marshes,
bogs, and similar area.
D.
Forestry Management Plan. When harvesting, cutting, or removing 40
or more trees with a DBH of three inches or greater involving more
than two acres, a forestry management plan shall be prepared and filed.
A professional forester shall prepare the plan.
(1)
Notification of Commencement or Completion. For all forestry
and timber harvesting operations that are expected to exceed one acre,
the landowner shall notify the Township enforcement officer at least
10 business days before the operation commences and within five business
days before the operation is complete. No timber harvesting shall
occur until the notice has been provided. Notification shall be in
writing and shall specify the land on which harvesting will occur,
the expected size of the harvest area, and, as applicable, the anticipated
starting or completion date of the operation.
(2)
Forestry Management Plan. Every landowner on whose land timber
harvesting is to occur shall prepare a written forestry management
plan in the form specified by this chapter. No timber harvesting shall
occur until the plan has been prepared. The provisions of the plan
shall be followed throughout the operation. The plan shall be available
at the harvest site at all times during the operation and shall be
provided to the Township enforcement officer upon request.
(3)
Responsibility for Compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the forestry management plan.
E.
Contents of the Forestry Management Plan.
(1)
Minimum Requirements. As a minimum, the forestry management
plan shall include the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
(b)
Design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips and
water bars.
(c)
Design, construction and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(e)
Copies of all required permits, submitted as an appendix to
the plan.
(f)
Proof of current general liability and/or worker's compensation
insurance.
(g)
Proof of PennDOT highway occupancy permit or Township driveway
permit for temporary access, as applicable.
(2)
Map. Each forestry management plan shall include a site map
containing the following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental
problems.
(c)
Location of all earth disturbance activities such as roads,
landings and water control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(3)
Compliance with State Law. The forestry management plan shall
address and comply with the requirements of all applicable state laws
and regulations, including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25
Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained
in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the
Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(4)
Compliance with Federal Law/Regulations. The forestry management
plan shall address and comply with the requirements of all applicable
federal laws and regulations, including, but not limited to, the best
management practices (BMPs) as set forth at 33 CFR 323.4 [a][6][i-xv].
F.
Forest Practices. The following requirements shall apply to all forestry/timber
harvesting operations in the Township:
(1)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(3)
All tops and slash between 25 feet and 50 feet from a public
roadway or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the surface of the
ground.
(4)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(5)
Litter resulting from a timber harvesting operation shall be
removed from the site before the operator vacates it.
(6)
Any soil, stones and/or debris carried onto public roadways
must be removed immediately.
(7)
If proposing to engage in timber harvesting on landslide prone
soils, the applicant, in their Forest Management Plan, must describe
the best management practices to be employed to ensure stabilization
of the soils and demonstrates compliance with the Penn State College
of Agricultural Sciences publication entitled Best Management Practices
for Pennsylvania Forests (2001).
(8)
When the harvest is completed, both dirt roads used by the trucks
and skid roads used to drag the logs from the woods to the loading
area must be graded approximately to original contours and be seeded
and mulched as necessary to establish stable ground cover.
G.
Pursuant to 67 Pa. Code, Chapter 189, the Township may require the
landowner or operator to furnish a bond to guarantee the repair of
roads.
H.
Enforcement.
(1)
Inspections. Any official or employee of the Township may go
upon the site of any timber harvesting operation before, during or
after active logging to:
(2)
Violation Notices; Suspensions. Upon finding that a forestry
or timber harvesting operation is in violation of any provisions of
this chapter, the Township shall issue the operator and the landowner
a written notice of violation describing each violation and specifying
a date by which corrective action must be taken. The Township may
order the immediate suspension of any operation upon finding that:
1) corrective action has not been taken by the date specified in a
notice of violation; 2) the operation is proceeding without a logging
plan; or 3) the operation is causing an environmental risk. Suspension
orders shall be in writing, shall be issued to the operator and the
landowner, and shall remain in effect until, as determined by the
Township, the operation is brought into compliance with this chapter,
or other applicable statutes or regulations. The landowner or the
operator may appeal an order or decision of an official or employee
of the Township in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Penalties. Any landowner or operator who violates any provision
of this chapter, or who fails to comply with a notice of violation
or suspension order issued under Subsection H(2), shall be subject
to a fine of not less than $500, nor more than $1,000, plus costs
and attorneys' fees, in accordance with the Pennsylvania Municipalities
Planning Code.[2] Each day of continued violation of any provision of this
chapter shall constitute a separate offense.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
I.
Prior to the issuance of a zoning permit, an erosion and sediment
control plan shall be submitted by the applicant to the Northampton
County Conservation District for review and approval and issuance
of an erosion and sediment control permit if the total area of earth
disturbance (sum of area disturbed by haul roads, skid roads and landings)
consists of 25 acres or more. The terms of such approval may be reflected
as conditions of the zoning permit.
[Ord. No. 2020-01, 1/6/2020]
The treatment or disposal of hazardous waste at any place in
Williams Township is specifically prohibited. The application or disposal
of sewage sludge at any place in Williams Township other than in a
sanitary landfill is specifically prohibited.
[Ord. No. 2020-01, 1/6/2020]
A.
Buffer Yards Along Canals and Scenic Roads.
(1)
A twenty-foot-wide buffer yard with evergreen screening shall
be required to be installed on the property of the listed use in any
of the following situations:
|
When any of the following uses:
|
Are adjacent to or across the street from and visible from the
following:
| |
|---|---|---|
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Newly developed or expanded:
| ||
|
a)
|
Commercial or industrial use;
|
Delaware Canal Park or Lehigh Canal; or abutting the existing
right-of-way of a "scenic road" designated in the Williams Township
Comprehensive Plan
|
|
b)
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Outdoor commercial or industrial storage area;
| |
|
c)
|
Area routinely used for the parking, loading or unloading of
2 or more tractor trailers trucks;
| |
|
d)
|
Any stormwater detention basin of more than 20,000 square feet
in maximum water detention area (other than a basin that is to be
planted in grass and is suitable for being mowed or will clearly resemble
a natural pond)
| |
(2)
Standards for Buffer Yards.
(a)
The buffer yard shall be a landscaped area free from structures,
waste containers, commercial or industrial storage or display, manufacturing
or processing activity, materials, storage, loading and unloading
area, or vehicular parking. No new driveways or streets shall be permitted
in the buffer yards except at points of ingress or egress.
(b)
If an existing substantial natural berm or slope or dense vegetation
will be maintained and will be substantial enough to meet the buffer
requirements of this section, or if topographic conditions or the
creation of berming by the applicant would clearly relieve the need
and cause for screening, then the Zoning Officer may waive the required
evergreen screening.
(c)
Fence. Any fence that may be constructed shall be on the inside
of any required evergreen screening.
(d)
Each buffer yard shall include a planting screen of evergreen
(as opposed to deciduous) trees or shrubs extending the full length
of the required buffer yard. Required plant materials shall have a
minimum height when planted of three feet. Plant materials used in
the planting screen shall be of species, spacing, and size as can
be reasonably be expected to produce, within five years, a solid year-round
visual screen at least six feet in height.
B.
Special Sign Regulations Within 800 feet of the Delaware and Lehigh
Canals or a Scenic Road.
(1)
The following regulations shall apply to any signs within 800
feet of:
(a)
The centerline of the intended waterway of the Delaware Canal;
(b)
Lehigh Canal; or
(c)
The existing right-of-way of a "scenic road" identified in the
Williams Township Comprehensive Plan, unless stricter or further requirements
are established elsewhere, or unless the applicant clearly proves
to satisfaction of the Zoning Officer that such a sign clearly would
not be partially or wholly visible from:
(2)
Wall Signs. The area of all wall signs on any side of a building
shall not be greater than 5% of the total vertical area (not including
the area of any slanted roof) of the building face on which the sign(s)
is located. Such signs shall be located on a maximum of two faces
of the building. Such signs and/or their backing or supports shall
not project above the structural roofline or ridgeline of the building
to which they are attached.
(3)
Freestanding Sign. There shall be a maximum of one freestanding
sign structure per lot or principal use, whichever is most restrictive,
with the maximum total sign area of 20 square feet on each of two
sides. This sign structure may consist of several attached signs,
within the total permitted square footage. Such sign shall have a
maximum total height of nine feet above the surrounding average ground
elevation.
(4)
Freestanding signs on mobile stands that are not permanently
attached to the ground, and that could be towed from one location
to another, are prohibited.
(5)
Off-premises signs are prohibited, except for signs specifically
erected by an authorized federal, state, county or municipal entity
for a valid public purpose.
C.
Special Minimum Setbacks for New Accessory and Principal Buildings
along Canals. The setback regulations along the Delaware and Lehigh
Canals shall be as follows, unless a more restrictive or farther requirement
is stated elsewhere in this chapter:
(1)
Special minimum setbacks for new accessory and principal buildings:
150 feet from the center of the intended waterway of the Delaware
Canal, and 125 feet from the Lehigh Canal (the southern shoreline
of the Lehigh River), or 75 feet from the existing right-of-way of
PA Rt 611.
