Township of Weisenberg, PA Floodplain Management

Promote the general health, welfare, and safety of the community.

Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

Minimize danger to public health by protecting water supply and natural drainage.

Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.

Applicability. The provisions of this chapter relating to building permits shall only apply to applications for and issuance of building permits for any construction on or development of real property located within an identified floodplain area. To the extent of any conflict between the provisions of this chapter and the provisions of the Uniform Construction Code (as adopted by the Township in Chapter 225, Construction Codes, Uniform, Article I) with respect to the issuance of building permits for property located within an identified floodplain area, the provisions of this chapter shall prevail.

[Adnded at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 270-3 Unlawful development.

It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township unless an approved building permit has been obtained from the Building Permit Officer.

§ 270-4 Building permits required.

[Amended 1-5-1984 by Ord. No. 84-2]

Building permits shall be required before any construction or development is undertaken within any area of the Township of Weisenberg. A building permit shall not be required for repairs to existing buildings or structures, provided that no structural changes or modifications are involved. Building permits shall also be required for any reconstruction, enlargement, alteration, raising or relocation of any building or structure. Certificates of occupancy shall be required as set forth in Chapter 500, Zoning, of the Township Code.

All and every person, persons, or corporation who shall propose to erect or enlarge any dwelling, house, store, office or other building shall, before the commencement of such an undertaking, be required to obtain from the Township Zoning Officer (Building Permit Officer) a building permit.

A permit shall be required for the construction, location, enlargement, or establishment of any building, as the term is used in Chapter 500, Zoning, unless one of the exclusions of this chapter applies.

This section (§ 270-4) shall not apply to new constructions or enlargements of existing structures which will not exceed an area of 144 square feet.

A sequence of constructions or alterations which individually would lie within the exclusionary provision of § 270-4D above shall be construed in their entirety and, if it is deemed in the sound and reasonable opinion of the Township Zoning Officer (Building Permit Officer) that the person, persons or corporation responsible for such sequential constructions or alterations intended or intends to avoid the application of this chapter, and specifically § 270-4 hereof, a permit shall be required. In such case, § 270-4D of this chapter shall be devoid at any operative effect.

Portable structures used for animal husbandry purposes which are on skids, such as hog shelters or poultry or calf hutches, shall not require the issuance of a permit.

§ 270-5 Issuance of building permit.

[Amended 12-3-2001 by Ord. No. 01-08]

The Building Permit Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.

Prior to the issuance of any building permit the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained, including those required by Act 537 of 1966, as amended, the Pennsylvania Sewage Facilities Act, the Dam Safety and Encroachments Act, Act 325 of 1978, as amended, the Pennsylvania Clean Streams Act, Act 394 of 1937, as amended,[1] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.

Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.

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, Wilkes-Barre.

In addition, the Federal Insurance Administrator, Federal Emergency Management Agency (FEMA), and the Pennsylvania Emergency Management Agency shall be notified by the Township prior to any alteration or relocation of any watercourse.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 270-6 Application procedures and requirements.

Application for a building permit shall be made in writing to the Building Permit Officer on forms supplied by the Township. Such application shall contain at least the following:

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location.

Listing of other permits required.

(6)

Brief description of proposed work and estimated cost.

(7)

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

(8)

The Zoning Officer (Building Permit Officer) will act on such application only following the signature thereon by the property owner(s) or a person holding a valid power of attorney signed by such owner(s).

[Added 1-5-1984 by Ord. No. 84-2]

If any proposed construction or development is located within, or partially within, any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Permit Officer to determine that:

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;

All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided so as to reduce exposure to flood hazards.

Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in § 270-6D as may be required by the Building Permit Officer to make the above determination:

A completed building permit application form.

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:

North arrow, scale and date;

Topographic contour lines, if available;

All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;

The location of all existing streets, drives, and other accessways; and

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.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;

The elevation of the 100-year flood;

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood; and

Detailed information concerning any proposed floodproofing measures.

The following data and documentation:

A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100-year flood elevations, 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 the development.

The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development".

[Amended 12-3-2001 by Ord. No. 01-08]

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.

[Amended 12-3-2001 by Ord. No. 01-08]

Detailed information needed to determine compliance with § 270-21F, Storage, and § 270-23, Development which may endanger human life, including:

[Added 12-3-2001 by Ord. No. 01-08]

The amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site.

[2]

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 § 270-23 during a 100-year flood.

Applicants for special permits shall provide five copies of the following items:

A written request including a completed building permit application form.

A small scale map showing the vicinity in which the proposed site is located.

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:

North arrow, scale and date;

Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;

All property and lot lines including dimensions and the size of the site expressed in acres or square feet;

The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

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;

The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations and information concerning the flow of water, including the direction and velocities;

The location of all proposed buildings, structures, utilities, and any other improvements; and

(h)

Any other information which the municipality considers necessary for adequate review of the application.

Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

Sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate;

For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;

Complete information concerning flood depths, pressures velocities, impact and uplift forces, and other factors associated with the 100-year flood;

Detailed information concerning any proposed floodproofing measures;

Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;

Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

The following data and documentation:

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;

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood;

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 100-year flood, including a statement concerning the effects such pollution may have on human life;

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 100-year flood elevations and flows;

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 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows;

The appropriate component of the Department of Environmental Protection' "Planning Module for Land Development";

Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;

(h)

Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166;[1] and

Editor's Note: See 32 P.S. § 679.302.

(i)

An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.

§ 270-7 Review of application by others.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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 Building Permit Officer to any other appropriate agencies and/or individuals, including the Township Planning Commission, the Lehigh-Northampton Counties Joint Planning Commission, the Township Engineer, and the Lehigh County Soil Conservation District for further review and comment.

§ 270-8 Changes.

After the issuance of a building permit by the Building Permit Officer, 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 Building Permit Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Building Permit Officer for consideration.

§ 270-9 Placards.

In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Permit Officer.

§ 270-10 Start of construction; expiration of permit.

[Amended 1-5-1984 by Ord. No. 84-2]

Work on any proposed project for which a permit or certificate of occupancy is required (hereinafter "permit") shall begin within six 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 Building Permit Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street. To the extent the structure or building for which the permit was issued has not been fully completed within one year from the date of the issuance of the permit, the permit shall expire at such time and the applicant shall be required to apply for an additional and/or renewal of the permit as is appropriate pursuant to the provisions of this chapter.

Permits which have been issued prior to the effective date of this chapter shall expire one year from the effective date hereof. Whenever the Zoning Officer is authorized or directed by the Zoning Hearing Board to issue a permit, the Zoning Officer shall do so which permit shall be effective as of the date of the entry of the decision or order of the Zoning Hearing Board.

§ 270-11 Inspection and revocation.

During the construction period, the Building Permit Officer 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 Township laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of his duties, the Building Permit Officer shall have the authority to enter any building, structure, premises or development in the identified floodprone area, or otherwise, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.

In the event the Building Permit Officer 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 Building Permit Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

A record of all such inspections and violations of this chapter shall be maintained.

§ 270-12 Permit fees.

[Amended 1-5-1984 by Ord. No. 84-2]

Applications for a building permit shall be accompanied by a fee, payable to the Township in accordance with a schedule of fees adopted by the Board of Supervisors.

The applicant for a building permit shall pay the initial building permit application fees customarily charged by the Township according to the Township's fee schedule, which schedule shall be set from time to time by resolution by the Board of Supervisors, and the applicant shall also reimburse the Township for professional and/or consultants services, such as engineering services and legal fees incurred in the processing of the building permit application, as well as any other related expenses reasonably incurred by the Township respecting the application. The Township may, at any time during the course of reviewing the application, require the applicant to reimburse the Township for costs incurred to given times or, at the Township's option, require the applicant to place a sufficient sum in escrow (said sum to be determine solely by the Township) to cover the costs and fees which the Township estimates it will reasonably incur during the processing and review of the application.

§ 270-13 Notice of violation; violations and penalties.

Notices. Whenever the Building Permit Officer 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 regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall.

Be in writing;

Include a statement of the reasons for its issuance;

Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;

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;

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulations adopted pursuant thereto.

Violations and 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 or direction of the Building Permit Officer or any other authorized employee of the Township shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. 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, razed, or relocated in noncompliance with this chapter may be declared by the Board of Supervisors to be a public nuisance and abatable as such.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 270-14 Appeals.

Any person aggrieved by an action or decision of the Building Permit Officer concerning the administration of the provisions of this chapter may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Permit Officer.

Upon receipt of such appeal the Board of Supervisors 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.

Any person aggrieved by any decision of the Board of Supervisors may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth, including Act 166 of 1978 as amended, the Pennsylvania Flood Plain Management Act, and/or the Pennsylvania Municipalities Planning Code.[1]

Editor's Note: See 32 P.S. § 679.101 et seq., and 53 P.S. § 10101 et seq., respectively.

Should the reason for the denial of the permit be by reason of failure to comply with other existing ordinances, including Chapter 500, Zoning, of the Township Code, and, should there be an existing appeal procedure in such other ordinance, such as Chapter 500, then, in such event, appeals from the permit denial for reason of noncompliance with other ordinances, such as Chapter 500, Zoning, shall to that extent be governed by the appeal procedures of such other ordinances, including Chapter 500.

[Added 1-5-1984 by Ord. No. 84-2]

§ 270-15 Identification of floodplain areas.

[Amended 12-3-2001 by Ord. No. 01-08; 3-11-2002 by Ord. No. 02-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The identified floodplain area shall be those areas of the Township of Weisenberg which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated July 16, 2004, and the accompanying maps prepared for the Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.

§ 270-16 Determination of the 100-year flood elevation.

For the purposes of this chapter, the 100-year flood elevation shall be used as the basis for regulation. When available, information from other federal, state and other acceptable sources shall be used to determine the 100-year flood elevation, as well as a floodway area, if possible. When no other information is available, the 100-year flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

[Amended 12-3-2001 by Ord. No. 01-08]

Corps of Engineers, floodplain information reports.

U.S. Geological Survey, Floodprone Quadrangles.

USDA, Natural Resources Conservation Service, County Soil Surveys (Alluvial Soils) or P.L. 566[1] flood information.

Editor's Note: See the Watershed Protection and Flood Prevention Act, 16 U.S.C. § 1001 et seq.

Pennsylvania Department of Environmental Protection, flood control investigations.

Known high water marks from past floods.

(6)

Other sources.

In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

§ 270-17 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 or possibility for such revision. However prior to any such change, approval must be obtained from the Federal Insurance and Mitigation Administration (FIMA).

§ 270-18 Disputes.

Should a dispute arise concerning any identified floodplain boundary, an initial determination shall be made by the Building Permit Officer and any person aggrieved by such decision may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.

§ 270-19 Technical provisions.

[Amended 12-3-2001 by Ord. No. 01-08]

In the identified floodplain area, the development and/or use of any land shall be permitted provided that the development and/or use complies with the restrictions and requirements of this chapter and all other applicable codes and ordinances in force in the municipality.

Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Regional Office, Wilkes-Barre.

Within any floodway area, no new construction or development shall be permitted that would cause any increase in the 100-year flood elevation.

Fully enclosed space below the lowest floor (including basement) is prohibited.

Partially enclosed space below the lowest floor (including 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 by certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that the permit the automatic entry and exit of floodwaters.

Accessory structures.

Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:

The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material and equipment related to the principal use or activity.

Floor area shall not exceed 600 square feet.

The structure will have a low damage potential.

The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

Power lines, wiring and outlets will be at least 1 1/2 feet above the 100-year flood elevation.

Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.

Sanitary facilities are prohibited.

(h)

The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls.

(i)

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

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.

§ 270-20 Elevation and floodproofing requirements.

Residential structures. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the 100-year flood elevation.

Nonresidential structures.

Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be 1 1/2 feet or more above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essential dry during any flood up to that height.

Any structure, or part thereof, which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or some other equivalent standard for that type of construction. 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.

[Amended 12-3-2001 by Ord. No. 01-08]

§ 270-21 Design and construction standards.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified floodplain area:

Fill. If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points;

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

Be no steeper than one vertical to two horizontal, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Building Permit Officer; and

Be used to the extent to which it does not adversely affect adjacent properties.

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.

Water and sanitary sewer facilities and systems.

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.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

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.

Other utilities. All other utilities such as gaslines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal or plant life, and not listed in § 270-23, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

[Amended 12-3-2001 by Ord. No. 01-08]

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.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

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.

Floors, walls and ceilings.

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.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

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.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

Paints and adhesives.

Paints or other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

All wooden components (doors, trim cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

Electrical components.

Electrical distribution panels shall be at least three feet above the 100-year flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

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.

§ 270-22 Special requirements for manufactured homes in identified floodplain areas.

[Amended 12-3-2001 by Ord. No. 01-08]

Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:

Anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements [NFPA No. 501A-1974 (ANSI A119.3-1975)], as amended for Mobile Homes in Hurricane Zones, or other appropriate standards such as the following:

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

Elevated in accordance with the following requirements:

The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be 1 1/2 feet or more above the elevation of the 100-year flood.

Adequate surface drainage is provided.

Adequate access for a hauler is provided.

Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.

Placed on a permanent foundation.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township Manager for manufactured home parks and manufactured home subdivisions.

§ 270-23 Development which may endanger human life; hazardous materials and substances.

In accordance with the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq., and the regulations adopted by the Pennsylvania Emergency Management Agency 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substance on the premises shall be subject to the provisions of this section, in addition to all other applicable provisions:

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(17)

Pesticides (including insecticides, fungicides, and rodenticides).

(18)

Radioactive substances, insofar as such substances are not otherwise regulated.

Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be:

Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood; and

Designed to prevent pollution from the structure or activity during the course of a 100-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.

[Amended 12-3-2001 by Ord. No. 01-08]

In addition, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general health, safety and welfare of the public.

§ 270-24 Existing structures in floodplain areas.

Structures existing in any identified floodprone area prior to the enactment of this chapter but which are not in compliance with these provisions may continue to remain subject to the following:

Existing structures located in any identified floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

Notwithstanding any provision of this chapter to the contrary, 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.

§ 270-25 Activities requiring special permits.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In accordance with the Pennsylvania Emergency Management Agency's administrative regulations implementing Act 166 of 1978, the Pennsylvania Flood Plain Management Act,[1] the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area unless a special permit is issued:

Hospitals (public or private).

Nursing homes (public or private).

Jails or prisons.

New manufactured home parks and manufactured home subdivisions and substantial improvements to them or existing manufactured home parks.

Editor's Note: See 32 P.S. § 679.101 et seq.

§ 270-26 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 §§ 270-4, 270-5, 270-6, 270-7, 270-8, 270-9, 270-10, 270-11, 270-12, 270-13, 270-14, and 270-15:

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Lehigh Valley Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and the Township Engineer for review and comment.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If an application is received that is incomplete the Township shall notify the applicant, in writing, stating in what respects the application is deficient.

If the Township decides to disapprove an application it shall notify the applicant, in writing, of the reasons for the disapproval.

If the Township approves an application it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Emergency Management Agency, by registered or certified mail, within five working days after the date of approval.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Before issuing the special permit, the Township shall allow the Pennsylvania Emergency Management Agency 30 days after receipt of the notification by the Department to review the application and the decision made by the Township.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If the Township does not receive any communication from the Pennsylvania Emergency Management Agency during the thirty-day review period, it may issue a special permit to the applicant.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If the Pennsylvania Emergency Management Agency should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 270-27 Special technical requirements.

In addition to the requirements of §§ 270-19 through 270-23 of this chapter the following minimum requirements shall also apply. If there is any conflict between any of the following requirements and those in §§ 270-19 through 270-23, of this chapter or in any other code, ordinance, or regulation, the more restrictive provision shall apply.

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:

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:

The structure will survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.

The lowest floor elevation including basement will be at least 1 1/2 feet above the 100-year flood elevation.

[Amended 12-3-2001 by Ord. No. 01-08]

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.

Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Pennsylvania Emergency Management Agency.

[Amended 12-3-2001 by Ord. No. 01-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In approving any application for a special permit, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general health, safety, and welfare of the public.

§ 270-28 Variances.

If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Township may, upon request, grant relief from the strict application of the requirements.

Requests for variances shall be considered by the Township in accordance with the procedures contained in § 270-14 and the following:

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.

[Amended 12-3-2001 by Ord. No. 01-08]

Except for a possible modification of the 1 1/2 foot freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§ 270-25 et seq.) or to development which may endanger human life (§ 270-23).

[Amended 12-3-2001 by Ord. No. 01-08]

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.

Whenever a variance is granted, the Township shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

(6)

In reviewing any request for a variance, the Township shall consider, but not be limited to, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the applicant.

ACCESSORY USE OR STRUCTURE

That 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 local or state ordinance and regulations.

(7)

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 the Federal Insurance and Mitigation Administration.

(8)

For purposes of this section, when the "Township" is referred to, it shall mean the Zoning Hearing Board of the Township of Weisenberg, if there be any, and if not, the Board of Supervisors of the Township of Weisenberg

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.

[Added 12-3-2001 by Ord. No. 01-08]

§ 270-29 Definitions.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.

100-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASEMENT

Any area of the building having its floor below ground level on all sides.

[Added 12-3-2001 by Ord. No. 01-08]

BUILDING

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.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure including the placement of manufactured homes.

DEVELOPMENT

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.

[Amended 12-3-2001 by Ord. No. 01-08]

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FLOOD

A temporary inundation of normally dry land areas.

FLOODPLAIN AREA

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.

FLOODPROOFING

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.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

[Added 12-3-2001 by Ord. No. 01-08]

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

IDENTIFIED FLOODPLAIN AREA

Directly by the Secretary of the Interior in states without approved programs.

The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.

[Added 12-3-2001 by Ord. No. 01-08]

LAND DEVELOPMENT

Any of the following activities:

[Amended 12-3-2001 by Ord. No. 01-08]

The improvement of one lot, or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or