[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 9-20-2017 by Ord. No. 2017-08-20-1]
A.
Statutory authorization.
(1)
Protection against serious consequences of flooding has become
an objective of primary importance to Pennsbury Township. Studies
of the Brandywine Creek and its tributaries by the U.S. Army Corps
of Engineers, the Federal Emergency Management Agency (FEMA), and
Chester County agencies have delineated areas prone to flooding and
which must be open for movement of floodwaters; a part of such areas
is found within the Township.
(2)
The Township further considers floodplain areas as particularly
desirable for uses wherein most structures are unnecessary, among
which include forestry, agriculture and recreation, and wishes to
preserve these areas for such uses.
(3)
Therefore, pursuant to the authorization set forth in the Pennsylvania
Flood Plain Management Act, Act 166 of 1978 (32 P.S. § 679.101
et seq.), which delegated the responsibility to local governmental
units to adopt floodplain management regulations to promote public
health, safety, and the general welfare of its citizenry, along with
the provisions of the National Flood Insurance program and the Pennsylvania
Municipalities Planning Code,[1] the Township of Pennsbury, Chester County, Pennsylvania
adopts this article.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Findings of fact.
(1)
Losses resulting from periodic flooding. The Flood Hazard Overlay
District (also known as the Flood Hazard District) of Pennsbury Township
is subject to periodic inundation which results in loss of property,
loss of life, damage to structures, injury to people, disruption of
public and private activities and services, burdensome public expenditures
for flood protection, and relief and impairment of the tax base, all
of which adversely affect the public health, safety, and general welfare.
(2)
General causes of these flood losses. These flood losses are
caused by the cumulative effect of obstructions in the Flood Hazard
District causing increases in flood heights and velocities and the
occupancy of Flood Hazard District by uses vulnerable to floods.
C.
Intended purpose. In addition to the general goals listed in statement
of purposes and community development objectives, it is the purpose
of this article to minimize those losses described above by provisions
designated:
(1)
To regulate or prevent the erection of buildings and other structures
in areas unfit for development by reason of periodic flooding.
(2)
To protect public health by preventing pollution of surface
and subsurface water supplied and providing surface area to absorb
and retain runoff for maintenance of the subsurface water supply.
(3)
To protect the public safety by preserving natural floodplains
and valley flats in order to prevent the increase in flood volume
and rate of flow which results from covering the floodplains with
impervious surfaces, constructing natural drainage channels, and providing
areas for the deposition of sediment.
(4)
To prevent added downstream damage from increased flood volume
and rate of flow and to permit uses of the floodplain compatible with
the preservation of natural conditions and the maintenance of the
stream flow throughout the year.
(5)
To minimize the financial burden imposed on the community, its
governmental bodies, and individuals by floods.
(6)
To incorporate by reference thereto the areas of Pennsbury Township
as identified in the Chester County Flood Insurance Study prepared
by FEMA dated September 29, 2017, or the most recent revision thereof.
A.
Compliance. No structure, wall, fence or other obstruction shall
be erected, extended or converted, without full compliance with the
terms of this chapter and other applicable regulations.
B.
Abrogation and greater restriction. It is not intended by this article
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this article imposes greater restrictions,
the provisions of this article shall prevail. All other ordinances
inconsistent with this article are hereby repealed to the extent of
the inconsistency only. If there is any conflict between any of the
provisions of this chapter, the more restrictive shall apply.
C.
Severability. The provisions of this article shall be severable,
and if any of the provisions hereof shall be held to be unconstitutional,
invalid or illegal by a court of competent jurisdiction, such decisions
shall not affect the validity of any of the remaining provisions of
this chapter.
D.
Warning and disclaimer of liability. The degree of flood protection
required by this article is considered reasonable for regulatory purposes
and is based on scientific study. Larger floods may occur on rare
occasions or the flood height may be increased by man-made or natural
causes such as ice jams or bridge openings obstructed by debris. In
such instances, areas outside the Flood Hazard District or land uses
permitted within the District may be subject to flooding or flood
damages. This article shall not increase liability on the part of
Pennsbury Township or any officers or employees thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
E.
For the purposes of this article, structure shall mean a walled and
roofed building, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
A.
Identification of Flood Hazard District. The Flood Hazard District
or floodplain is defined as the land area contained within any of
the following, whichever is greater:
(1)
The identified floodplain area shall be any areas of the Township
of Pennsbury, classified as special flood hazard areas (SFHAs) in
the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated September 29, 2017, and issued by FEMA or
the most recent revision thereof, including all digital data developed
as part of the FIS. The above referenced FIS and FIRMs, and any subsequent
revisions and amendments are hereby adopted by the Township of Pennsbury
and declared to be a part of this chapter. This includes the following:
(a)
Floodway Areas (FW). The areas identified as "Floodway" in the
AE Zone in the FIS prepared by FEMA. The term shall also include floodway
areas which have been identified in other available studies or sources
of information for those floodplain areas where no floodway has been
identified in the FIS. This is 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.
(b)
Flood-Fringe Area (FF).
[1]
The areas identified as Zones AE and A1-30 in the
FIS which are subject to inundation by the 1%-annual-chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
[2]
The basis for the outermost boundary shall be the
base flood elevations as shown in the flood profiles contained in
the FIS.
(c)
General Floodplain Area (FA). The areas within Zone A in the
FIS for which no base elevations have been provided. When available,
information from other federal, state, and other acceptable sources
shall be used to determine the base elevation, as well as a floodway
area, if possible. When no other information is available, the base
elevation shall be determined by using a point on the boundary of
the identified floodplain area which is nearest the construction site
in question.
(2)
Areas delineated by engineering study.
(a)
In lieu of Subsection A(1)(c) above, the Township may require the applicant to determine the floodplain elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers, certified soil scientists, or other of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Township Engineer. If the applicant disagrees with the findings of the Township Engineer, he may appeal the findings to the Zoning Hearing Board.
(b)
All identified Flood Hazard Districts 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.
(3)
Land within 50 feet of any stream, wetland, or body of water in the Township adjacent to a flowing stream, shown on the U.S. Geological Survey Topographic Maps of the Regional Base Map Series of 1985 for the Unionville, West Chester, Kennett Square, and Wilmington North series unless an engineering study consistent with Subsection A(2), above indicates such area is not within the Flood Hazard District.
(4)
Land denoted as being alluvial soils for Chester County by the U.S. NRCS unless an engineering study consistent with Subsection A(2), above, indicates such area is not within the Flood Hazard District.
(5)
All areas which have been flooded within the last 100 years,
as recorded or indicated by written or other objective records, such
as the United States Army Corps of Engineers survey.
B.
Zoning Map overlay. The Flood Hazard District Map of Pennsbury Township based on the delineations cited in Subsection A, above, shall be deemed an overlay on the applicable zoning districts. The Flood Hazard District Map shall be used as a general guideline only and shall not be considered to include all floodplain areas within the Township as defined in Subsection A above.
A.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township, and
until all required permits or approvals have been first obtained from
the Department of Environmental Protection Regional Office. In addition,
FEMA and the Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
B.
Any new construction, uses, activities, or development occurring
within any identified floodplain district shall be undertaken only
in strict compliance with the provisions of this chapter and with
all other applicable codes, ordinances, and regulations including
the Township Building Code[1] and Chapter 138, Subdivision and Land Development.
C.
Under no circumstances shall any new construction, use, activity
and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch or any other drainage
facility or system.
D.
Requirements for identified floodplain areas.
(1)
Within any FW (Floodway Areas), the following provisions apply:
(a)
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.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
Within the Flood-Fringe Area (AE District) without floodway
shall be those areas identified as an AE Zone on the FIRM included
in the FIS prepared by FEMA for which base flood elevations have been
provided but no floodway has been determined.
(a)
No permit shall be granted within any AE Zone without floodway,
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 development together
with all other existing and anticipated development, would not result
in an increase in flood levels of more than one foot within the entire
community during the occurrence of the base flood discharge.
(3)
No new construction or development shall be located within the
area measured 50 feet landward from the top of bank of any watercourse,
unless a permit is obtained from the PA Department of Environmental
Protection Regional Office.
E.
Special requirements for subdivisions. All subdivision proposals
and development proposals in flood hazard areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a Conditional Letter of
Map Revision or Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
A.
Permitted uses and limitations. The following uses shall be permitted
within the Flood Hazard District to the extent that they are not prohibited
by any other ordinance or provisions of this chapter and provided
that they do not require structure, fill, or storage of materials
or equipment or cause any increase in flood levels in the Township,
during a base flood.
(1)
Agricultural uses, excluding structures, such as: general farming,
pasture, orchard, grazing, outdoor plant nurseries, truck farming,
forestry, and wild crop harvesting. Agricultural practices shall not
cause alluvial deposits to build up in watercourses or cause undue
erosion to the Flood Hazard District.
(2)
Forestry, lumbering, and reforestation, according to recognized soil conservation practices subject to the provisions of Subsection E(3), below, and excluding storage and mill structures.
(3)
Recreation uses such as: parks, camps, picnic grounds, golf
courses, archery and shooting ranges, hiking and riding trails, hunting
and fishing areas, game farm fish hatchery, wildlife sanctuary, nature
preserve, arboretum, swimming area and boat launching sites; excluding
structures with the exception of anchored picnic tables.
(4)
Permeable parking areas and roads to serve other permitted uses
in the Flood Hazard District or where required by the regulations
for any contiguous district.
(5)
In no event shall any kind of fill including but not limited
to earth, trash, garbage or any material whatsoever be deposited in
the floodplain area without the issuance of a special exception by
the Zoning Hearing Board and then only after a permit is issued by
the Department of Environmental Protection, Bureau of Dams and Waterways
Management, of the Commonwealth of Pennsylvania.
(6)
No change in grade either by fill or cut shall be allowed except as stated in Subsection A(5), above. All requests for a change of grade shall be accompanied by a detailed engineering report including maps showing all existing contours and proposed contours, trees and structures together with the reasons for requesting the change. In no case shall fill be used which in any way will contaminate or pollute the streams if the requested change is allowed.
B.
Uses by special exception. Any of the following uses shall be permitted in the Flood Hazard District as a special exception when authorized by the Zoning Hearing Board subject to the standards of §§ 162-1608E, 162-2408, and the following specific standards. In determining any application hereunder, the Zoning Hearing Board shall consider the recommendations of the Board of Supervisors, the Township Planning Commission and the Township Engineer and shall consider the extent to which the requested uses will increase an elevation of flood stages, contribute to groundwater pollution and cause erosion during and after construction. No construction and/or development shall be permitted which would cause any increase in flood levels in the Township during a base flood.
(1)
Nonstructural accessory uses customarily incidental to any of
the foregoing permitted uses.
(2)
Circuses, festivals and similar transient amusement enterprises.
(3)
Boat rentals, docks and piers.
(4)
Sealed water supply wells, water pipelines, and sanitary sewer
line systems provided they are designed and constructed to eliminate
infiltration of floodwater into the systems and discharges from the
systems into waters of the commonwealth.
(5)
Storm and sanitary sewer effluent outlets, sewage treatment
plants and pumping stations and water treatment plants, and storm
sewer systems, subject to approval of the Department of Environmental
Protection of the commonwealth and the Township Engineer, provided
that such facilities shall be designed and constructed to eliminate
infiltration of floodwaters into the systems and discharges from system
into the waters of the commonwealth.
(6)
Grading or fill, provided that the effect is not to alter substantially
the cross-sectional profile of the stream basin at the point of the
proposed use. A prerequisite to the granting of a special exception
for fill or grading shall be the issuance of necessary permits from
the Department of Environmental Protection, Regional Office. All requests
for a change of grade shall be accompanied by a detailed engineering
report, including maps showing all existing contours and with the
reasons for requesting the change. In no case shall fill be used which
in any way will contaminate or pollute the streams if the requested
change is allowed.
(7)
Dams, culverts, and bridges when approved by the Department
of Environmental Protection, Regional Office.
C.
Elevation and floodproofing requirements. If a residential or nonresidential structure is permitted in the Flood Hazard Overlay District by this Article XVI or by decision of the Zoning Hearing Board, the following requirements shall apply:
(1)
Residential structures. Within any identified floodplain area,
any new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation. The design and construction
standards and specifications contained in the 2009 IBC (Sec. 1612.4,
1603.1.6 and 3403.1) and in the 2009 IRC (Sec. R323.1.4, R323.2.1,
and R323.2.2) and ASCE 24 (Sec. 2.4 and 2.5, Chapter 5) and 34 Pa.
Code (Chapters 401 through 405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation, or be designed and constructed so that
the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
base flood elevation, shall be floodproofed in a completely or essentially
dry manner in accordance with the WI 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.
(c)
The design and construction standards and specifications contained
in the IBC (Sections 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1
and 3403.1.) and ASCE 24 (Section 2.4 and Chapter. 7) and 34 Pa. Code
(Chapters 401 through 405, as amended) shall be utilized.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (excluding basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
[1]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc. or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(c)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401 through 405, as amended) and the 2009 IRC (Sections
R323.2.2 and R323.1.4) and the 2009 IBC (Sections 1612.4, 1612.5,
1202.3.2 and 1203.3.3).
D.
Design and construction standards. The following minimum standards
shall apply for all construction and development permitted within
any identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal, feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Floodplain Administrator (as hereinafter defined);
and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2009 IBC (Sections
1801.1 and 1803.4) shall be utilized.
(2)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(3)
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.
(4)
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.
(5)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(c)
The design and construction requirements of the UCC pertaining
to this Subsection as referred to in 34 Pa. Code (Chapters 401 through
405, as amended) and contained in the 2009 IBC (Sections 1605.2.2,
1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1
and R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.
(6)
Floors, walls, and ceilings.
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(7)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(d)
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405, as amended) the 2009 IBC (Sections 801.1.3, 1403.7
and Appendix G) and the 2009 IRC (Sections R323.1.7).
(8)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(c)
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2009 IBC (Section 1612.4), the IRC (Section R323.1.5),
the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter
8) shall be utilized.
(9)
Equipment.
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(b)
The provisions pertaining to the above provision and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2009 IBC (Section 1612.4), the 2009 IRC (Section
R323.1.5) the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24
(Chapter 8) shall be utilized.
E.
Prohibited uses and activities. The following uses and activities
are specifically prohibited if located either partially or entirely
within any Flood Hazard District:
(1)
Sod farming.
(2)
Removal of topsoil.
(3)
Cutting or removal of live trees or other flora except invasive
species and except where the area is devoted to forestry or nursery
use in which case precautions shall be taken to ensure:
(4)
Installation or maintenance of wells.
(5)
The placement or substantial improvement of a mobile or manufactured
home.
(6)
Junkyard or storage yard or the storage of any material which,
if inundated, would float.
(7)
Schools.
(8)
Fire stations.
(9)
Emergency management facilities.
(10)
Hospitals - public or private.
(11)
Nursing homes - public or private.
(12)
Jails/penal institutions.
(13)
New individual mobile/manufactured homes or new mobile/manufactured
home parks or new mobile/manufactured home subdivisions and substantial
improvements to existing mobile/manufactured home parks or mobile/manufactured
home subdivisions.
(14)
Hazardous materials. In accordance with the Pennsylvania Flood
Plain Management Act (Act 166),[1] the Clean Streams Law,[2] the regulations promulgated there under and the regulations
adopted by the Department of Community and Economic Development no
structure may be used for:
(a)
The production or storage of any of the following dangerous
materials or substances:
[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]
Phosphorous.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances.
[19]
Other substances as may be defined as hazardous
by the Pennsylvania Department of Community and Economic Development
or Environmental Protection.
(15)
Alteration or relocation of any watercourse, unless and until
the applicant has notified the governing bodies of adjacent municipalities
and the Pennsylvania Department of Community and Economic Development,
with copies of such notices being sent to FEMA, and demonstrated to
the satisfaction of the Township Engineer that the flood-carrying
capacity of the watercourse as altered or relocated is maintained
at a level equal to or better than the existing flood-carrying capacity.
This requirement shall be in addition to the requirements of the Department
of Environmental Protection Regional Office pertaining to such alteration
or relocation.
Structures and uses existing in the Flood Hazard District which
legally existed prior to the enactment of this chapter, but which
are not in compliance with these provisions, may continue. However,
when an improvement is proposed and permitted to be made to an existing
structure in the Flood Hazard District, it shall be subject to the
following conditions:
A.
No expansion or enlargement of an existing structure and/or use shall
be allowed within any Flood Hazard District 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 that would, together with all other existing and
anticipated development, increase the 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 in full compliance with the provisions
of this chapter and 44 CFR 60.3d and the International Residential
Code and International Building Code, 2009 as amended.
D.
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 a minimum of 1 1/2 feet above the 100-year flood elevation of the site and/or floodproofed to the greatest extent possible and to the satisfaction of the Township Engineer, except as provided for in Subsection E below.
E.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with this chapter and 44 CFR 60.3d and the
International Residential Code and International Building Code, 2009,
as amended.
F.
Uniform Construction Code coordination. The Standards and Specifications
contained in 34 Pa. Code (Chapters 401 through 405, as amended) and
including but 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/or 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.
A.
General. If compliance with any of the requirements of this chapter would result in an unnecessary hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements except as to those uses listed in Subsection B, below.
B.
In accordance with the Pennsylvania Flood Plain Management Act,[1] issuance of a variance for the following uses is prohibited:
(1)
Hospitals and medical facilities (public or private).
(2)
Nursing homes (public or private).
(3)
Jails and penitentiaries.
(4)
New mobile and manufactured home parks and subdivisions, and
substantial improvements to such parks and subdivisions.
(5)
Schools.
(6)
Fire stations.
(7)
Emergency management facilities.
(8)
The production or storage of any of the dangerous materials or substances listed in § 162-1605E(14).
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Variance procedures and requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with § 162-2408 of this chapter, Section 910.2 of the Municipalities Planning Code,[2] and with the following:
(1)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the base flood elevation.
(2)
No variance shall be granted for any construction, development,
use, or activity within any AE areas that would, together with all
other existing and anticipated development, increase the 100-year
flood elevation more than one foot at any point.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Zoning Hearing Board shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety and welfare and to achieve
the objectives of this chapter.
(7)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but not be limited to the following:
(a)
There is good and sufficient cause for the variance.
(b)
Failure to grant the variance would result in exceptional hardship
to the applicant.
(c)
The granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with any other applicable
state or local ordinance regulations.
(8)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to FEMA.
(9)
Notwithstanding any of the above, however, all structures, whether
residential or nonresidential, shall be designed, located, constructed
and maintained so as to have the capability of resisting the base
flood or the 500-year flood where mapped. In addition, such structures
shall be in compliance with this chapter.
[2]
Editor's Note: See 53 P.S. § 10910.2.
A.
Zoning permits required. Zoning permits shall be required before
any construction or development is undertaken within the Flood Hazard
Overlay District of Pennsbury Township. Applications shall be filed
in triplicate and on forms furnished by the Township and shall be
accompanied by detailed plans, drawings, specifications, and other
such information deemed necessary by the Zoning Officer to ascertain
compliance of this chapter.
B.
Issuance of zoning permit. No requirement or standard of this Article XVI applicable to structures or uses in the floodplain shall imply that such structure or use is permitted in the floodplain.
(2)
In the case of existing structures, prior to issuance of any
zoning 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.
(3)
No encroachment, alteration or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection Regional
Office. In addition, FEMA and Pennsylvania Department of Community
and Economic Development shall be notified by the Township prior to
any alteration or relocation of any watercourse.
(4)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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.
Application procedures and requirements.
(1)
Application for a zoning permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by Pennsbury Township.
Such application shall include the following:
(a)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
(b)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[1]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
[2]
The elevation of the base flood.
[3]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[4]
Detailed information concerning any proposed floodproofing
measures.
[5]
Supplemental information as may be necessary under
34 Pa. Code, Chapter 401 through 405, as amended, and Sec. 1612.5.1
and 109.3 of the 2009 IBC and Section R106.1.3 and R104.7 of the 2009
IRC, as referenced in the Uniform Construction Code.
(c)
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 base flood elevations,
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.
(d)
The appropriate component of the Pennsylvania Department of
Environmental Protection "Planning Module for Land Development."
(e)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within a FF (Flood Fringe) Area when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
zoning permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this chapter and
all other applicable codes and ordinances;
(b)
All utilities or facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Review of application by County Conservation District. A copy
of all applications and plans for any proposed construction or development
in the Flood Hazard District to be considered for approval shall be
submitted by the Floodplain Administrator to the Chester County Conservation
District for review and comment prior to the issuance of a zoning
permit. The recommendations of the Conservation District shall be
considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
(4)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in the Flood Hazard District
to be considered for approval may be submitted by the Floodplain Administrator
to any other appropriate agencies or individuals (e.g., Planning Commission,
Township Engineer, etc.) for review and comment. Where the plan is
classified as a subdivision or land development, the appropriate Township
procedures for the review of such plans shall be followed.
D.
Special exception procedures for Flood Hazard District. Upon receiving
an application for a special exception permit, the Zoning Hearing
Board shall, prior to rendering a decision thereon, require the applicant
to furnish such of the following material as is deemed necessary by
the Board.
(1)
Plans in triplicate drawn to scale showing the nature, location,
dimension and elevation of the lot and existing and proposed uses;
photographs showing existing uses and vegetation; soil types and other
pertinent information.
(2)
A series of cross-sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel or the lake or pond
bottom, and elevation of adjoining land areas, to be occupied by the
proposed uses, and high water information.
(3)
Profile showing the slope of the bottom of the stream channel.
(4)
Specifications for building materials and construction, floodproofing,
filing, dredging, grading, storage, water supply and sanitary facilities.
(5)
Computation of the increase, if any, in the height of flood
stages which would be attributable to any proposed uses.
(6)
Provisions to ensure that adequate drainage shall be required
to minimize flood hazard.
(7)
The location of any existing bodies of water or watercourse,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(8)
Plans of all proposed buildings, structures, and other improvements,
drawn at a suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the 100-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with a base flood; and
(d)
Detailed information concerning any proposed floodproofing measures.
(9)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been designed to withstand the pressures, velocities, impact and
uplift forces associated with the 100-year flood. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
development.
E.
Supplemental technical review. In considering any application for
a special exception, the Zoning Hearing Board shall invite the participation
of other technical experts to determine the extent to which the proposed
use would diminish the capacity of the Flood Hazard District to store
and absorb floodwaters, to moderate flood velocities and to accommodate
sediment; be subject to flood damage; and cause erosion and impair
the amenity of the Flood Hazard District.
F.
Additional factors to be considered by the Zoning Hearing Board.
(1)
In considering each application for a special exception or variance, the Board shall consider, in addition to the criteria in §§ 162-2408 and 162-2409, respectively:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others. In no event shall any materials which are
capable of floating, toxic (to humans, animals or vegetation) or explosive
or any junk materials be placed within a Flood Hazard District.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to avoid causing disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
(e)
The importance of the proposed use to the community.
(f)
The requirements of the use of waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing and foreseeable
nearby uses.
(i)
The relationship of the proposed use to the Pennsbury Township
Comprehensive Plan.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(l)
The impact on habitat for wildlife, fish and plant life.
(m)
Such other factors which are relevant to the purposes of this
chapter.
G.
Conditions. Upon consideration of the factors listed above and the
purposes of this chapter, the Board shall attach such conditions to
the granting of a special exception permit as it deems necessary to
further the purposes of this chapter.
(1)
Any new construction and/or substantial improvement to an existing
structure shall have the lowest floor (including basement) elevated
to at least 1 1/2 feet above the base flood elevation of the
Flood Hazard District at the place of construction. The required elevations
shall be as determined in the FIS. For those areas in which the base
flood elevations are not given in the FIS, the elevation shall be
determined by selecting the point on the boundary of the Flood Hazard
District nearest to the site in question and elevating the lowest
floor of the structure to 1 1/2 feet above such elevation.
(2)
All such structures shall be securely anchored to prevent flotation,
collapse and lateral movements; all such structures shall employ construction
materials and techniques to minimize flood damages. Adequate drainage
shall be provided. The elevation of the proposed lowest floor shall
be indicated on the application for a building permit. The provisions
of the National Flood Insurance Program Regulations, 44 CFR 60.3(d),
are applicable to such construction. Among such conditions, without
limitation because of specific enumeration, may be included:
(a)
Installation of watertight doors, bulkheads, and shutters.
(b)
Reinforcement of walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(d)
Addition of mass or weight to structures to resist flotation.
(e)
Installation of pumps to lower water levels in structure.
(f)
Construction of water supply and waste treatment systems so
as to prevent the entrance of floodwaters.
(g)
Pumping facilities for subsurface external foundation wall and
basement floor pressures.
(h)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(i)
Cutoff valves on sewer lines or the elimination of gravity flow
basement drains.
(j)
Elevation of structure to reduce likelihood of flood damage.
(k)
Uniform Construction Code coordination. The Standards and Specification
contained in 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/or 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.
(3)
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 Flood-Fringe Area (FF) that would, together with
all other existing and anticipated development, increase the base
flood elevation (BFE) 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 less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(d)
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.
(e)
The requirements of 34 Pa. Code, Chapters 401 through 405, as
amended, and the 2009 IRC (Sections R102.7.1, R105.3.1, R105.3.1.1
and Appendixes E and J) or the latest revision thereof and the 2009
IBC (Sections 101.3, 3403.1 and Appendix G) or the latest revision
thereof shall also be utilized in conjunction with the provisions
of this section.
H.
Declaration of flood hazard status. In any case where the Zoning
Hearing Board shall grant a special exception or a variance to permit
the erection of a structure in the Flood Hazard District, or a special
exception or a variance to permit a change in nonconforming use of
a structure already existing in the Flood Hazard District, the Board
shall, for the protection of prospective purchasers and leases, impose
the following conditions:
(1)
Require the applicant to advise prospective purchasers and/or
lessees that the lot is located either entirely or partially, as the
case may be, in the Flood Hazard District.
(2)
Require that, before settlement or change in use, as the case
may be, may take place, the purchaser or lessee shall signify in writing
that he has been advised that the premises lies partially or entirely
in the Flood Hazard District and signed copy of such certification
shall be delivered to the Township by the applicant.
I.
Additional Floodplain Administrator responsibilities.
(1)
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.
(2)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(3)
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.
(4)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this chapter including,
but not limited to, permitting, inspection and enforcement.
(5)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
J.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of Articles XVI, XXIII, or XXVI 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.
