[Ord. 210, 4/30/2013]
This Chapter shall apply to all new construction, development,
and improvements, including the placement of fill material, in, on,
under, across or through any identified floodplain area.
[Ord. 210, 4/30/2013]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Floodplain Management Act of 1978,
delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety,
and the general welfare of its citizenry. Therefore the Board of Supervisors
of Smithfield Township does hereby order as follows.
[Ord. 210, 4/30/2013]
1.
Intent.
This Chapter is intended to:
A.
Promote
the general health, welfare, and safety of the community.
B.
Encourage
the utilization of appropriate construction practices in order to
prevent or minimize flood damage in the future.
C.
Minimize
danger to public health by protecting water supply and natural drainage.
D.
Reduce
financial burdens imposed on the community, its governmental units,
and its residents by preventing excessive development in areas subject
to flooding.
E.
Maintain
the existing hydrologic regime through the sound management of floodplains
for their capacity to convey, transport, store and dissipate flood
flow volumes and velocities, to protect water quality and to maintain
stream channel stability.
2.
Applicability.
A.
It shall
be unlawful for any person to undertake, or cause to be undertaken,
any construction or development anywhere in, on, under, across, or
through the floodplain of the Township of Smithfield unless a conditional
use permit has been obtained from the Floodplain Administrator and
after hearing by the Township Board of Supervisors.
B.
A permit shall not be required for minor repairs to existing buildings or structures provided that such repairs fall within the definition of “minor repairs” as found in the definitional section of this Chapter, § 8-115, and do not require any structural changes or modifications as those changes or modifications are defined under or by the PA Uniform Construction Code.
C.
Warning
and Disclaimer of Liability. The degree of flood protection sought
by the provisions of this Chapter is considered reasonable for regulatory
purposes and is based on acceptable engineering methods of study.
Larger floods may occur or flood heights may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This Chapter does not imply that areas outside any identified
floodplain areas, or that land uses permitted within such areas, will
be free from flooding or flood damages. This Chapter shall not create
liability on the part of the Township or any officer or employee thereof
for any flood damages that result from reliance on this Chapter or
any administrative decision lawfully made thereunder.
D.
Abrogation
and Greater Restrictions. This Chapter supersedes any other conflicting
provisions which may be in effect in identified floodplain areas.
However, any other ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this Chapter,
the more restrictive provisions shall apply.
E.
Severability.
If any section, subsection, paragraph, sentence, clause, or phrase
of this Chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the ordinance,
which shall remain in full force and effect, and for this purpose
the provisions of this Chapter are hereby declared to be severable.
[Ord. 210, 4/30/2013]
1.
Designation
of the Floodplain Administrator. The Township Zoning Officer is hereby
appointed to administer and enforce this Chapter and is referred to
herein as the Floodplain Administrator. The Floodplain Administrator
may: (A) Fulfill the duties and responsibilities set forth in these
regulations, (B) Delegate duties and responsibilities set forth in
these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees, or (C) Enter into a written agreement
or written contract with another agency or private sector entity to
administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
2.
Conditional
Use Permit Required. A conditional use permit shall be required before
any construction or development is undertaken in, on, under, across
or through any floodplain area of the Township.
3.
Duties
and Responsibilities of the Floodplain Administrator.
A.
The Floodplain
Administrator shall issue a conditional use permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
B.
Prior
to the issuance of any permit, the Floodplain Administrator shall
review the application for the permit for (1) completeness and (2)
to determine if all other necessary government permits required by
State and Federal laws have been obtained, such as those required
by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);
the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as
amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);
and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
In the
case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall review the history of repairs to
the subject building, so that any repetitive loss issues can be addressed
before the permit is issued.
D.
During
the construction period, the Floodplain Administrator or other authorized
official shall inspect the premises to determine that the work is
progressing in compliance with the information provided on the permit
application and with all applicable municipal laws and ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
E.
In the
discharge of his/her duties, the Floodplain Administrator shall have
the authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this Chapter.
F.
In the
event the Floodplain Administrator discovers that the work does not
comply with the permit application or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Floodplain Administrator shall revoke the Permit and
report such fact to the Board of Supervisors for whatever action it
considers necessary.
G.
The Floodplain
Administrator shall maintain all records associated with the requirements
of this Chapter including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
H.
The Floodplain
Administrator is the official responsible for submitting a biennial
report to the FEMA concerning community participation in the National
Flood Insurance Program.
I.
The Floodplain
Administrator shall consider the requirements of the 34 Pa.Code and
the 2009 IBC and the 2009 IRC or latest revisions thereof.
4.
Application
Procedures and Requirements.
A.
Application
for a conditional permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township. Such application
shall contain the following:
(1)
Name
and address of applicant.
(2)
Name
and address of owner of land on which proposed construction is to
occur.
(3)
Name
and address of contractor.
(4)
Site
location including address.
(5)
Listing
of other permits required for the project.
(6)
Brief
description of proposed work and estimated cost, including a breakout
of flood-related cost and the market value of the building before
the flood damage occurred where appropriate.
(7)
A
site plan showing the exact size and location of the proposed construction
as well as the information required by Subsections 4D(2), (3) and
(4) of this Chapter.
(8)
This
application shall be accompanied by five copies of the site plan and
all supporting documentation prepared in accordance with this Chapter.
Six copies of all plans and supporting documents shall be submitted
when the application involves property within 500 feet of an adjacent
municipality; and, seven copies of all plans and supporting documents
shall be submitted when the application involves a watercourse bordering
an adjacent municipality. Two additional copies of all plans and supporting
documents shall be submitted when the application involves the alteration
or relocation of any watercourse.
(9)
The conditional use application shall be reviewed by the appropriate agencies as per Subsections 5 and 6 hereof and a public hearing (upon public notice) before the Township Board of Supervisors shall be scheduled within 60 days of the filing of a full and complete application with all supporting documents. A decision on the application shall be made by the Board to be issued in writing no later than 45 days after the close of the hearing. The applicant may extend the time to conduct this hearing or to receive the written decision either in writing or on the record. The conduct of the hearing shall follow the procedures as outlined in the PA Municipalities Planning Code, 53 P.S. §10908 (as amended). If the Board of Supervisors fails to render a written decision within the 45 days (or any extension thereof), the application shall be deemed denied.
B.
If any
proposed construction or development is located entirely or partially
within any identified floodplain area, applicants for a permit shall
also provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(1)
All
such proposals are consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(2)
All
utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage.
(3)
Adequate
drainage is provided so as to reduce exposure to flood hazards.
(4)
Structures
will be anchored to prevent flotation, collapse, or lateral movement.
(5)
Building
materials are flood resistant.
(6)
Appropriate
practices that minimize flood damage have been used.
(7)
Electrical,
heating, ventilation, plumbing, air conditioning equipments, and other
service facilities have been designed and/or located to prevent water
entry or accumulation.
C.
Applicants
shall also file the following minimum information (plus any other
pertinent information as may be required by the Floodplain Administrator
to make the above determinations):
(1)
A
completed conditional use application form and request for a public
hearing before the Township Board of Supervisors.
(2)
A
plan of the entire site, clearly and legibly drawn at a scale of one
inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date.
(b)
Topographic contour lines, if available.
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
(d)
The location of all existing streets, drives, and other access ways.
(e)
The location of any existing bodies of water of watercourses, identified
floodplain areas, limits of earth disturbance, and, if available,
information pertaining to the floodway, and the flow of water including
direction and velocities.
(3)
Plans
of all proposed buildings, structures and other development, drawn
at suitable scale showing the following:
(4)
The
following data and documentation:
(a)
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(b)
Documentation, certified by a registered professional engineer, to
show that the cumulative effect of any proposed development within
an AE Area without floodway when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
(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 pressures, velocities, impact
and uplift forces associated with the base flood.
(d)
(e)
The appropriate component of the Department of Environmental Protection’s
“Planning Module for Land Development.”
(f)
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 and stormwater management.
D.
Applications
for conditional use permits shall be accompanied by a fee, payable
to the municipality, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administration and the
administrative costs and expenses to schedule a public hearing.
5.
Review
by County Conservation District. A copy of all applications and plans
for any proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the Floodplain
Administrator to the County Conservation District for review and comment
prior to the issuance of a permit. The recommendations of the Conservation
District shall be considered by the Floodplain Administrator for incorporation
into the proposed plan.
6.
Review
of Application by Others. A copy of all plans and applications for
any proposed construction or development in any identified floodplain
area to be considered for approval shall be submitted by the Floodplain
Administrator to the Township Planning Commission for review and comment
and he/she may also submit a copy of all plans and applications any
other appropriate agencies and/or individuals (e.g., county planning
commission, municipal engineer, municipal solicitor so forth) for
review and comment.
7.
Changes.
After the issuance of a conditional use permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator and the Township Board of Supervisors. Requests for
any such change shall be in writing, and shall be submitted by the
applicant to Floodplain Administrator who shall forward such requests
with the Board of Supervisors for consideration.
8.
Placards.
In addition to the permit, the Floodplain Administrator shall issue
a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit the date of its issuance and be signed by the Floodplain
Administrator.
9.
Start of
Construction. Work on the proposed construction or development shall
begin within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Floodplain Administrator with the approval of the Board of Supervisors.
The actual start of construction means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets or walkways; nor does
it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator and the Board of Supervisors
to approve such a request.
10.
Enforcement.
A.
Notices.
Whenever the Floodplain Administrator or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this Chapter,
or of any regulations adopted pursuant thereto, the Floodplain Administrator
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires.
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served by personal service or by any other method and manner
of service of non-original process as authorized by the laws of this
Commonwealth.
(5)
Contain an outline of remedial action which, if taken, will affect
compliance with the provisions of this Chapter.
B.
Penalties.
Any person who fails to comply with any or all of the requirements
or provisions of this Chapter or who fails or refuses to comply with
any notice, order of direction of the Floodplain Administrator or
any other authorized employee of the municipality shall be guilty
of an ungraded misdemeanor and upon conviction in a proceeding before
a District Judge shall pay a fine to Township, of not less than $750
nor more than $1,000 plus costs of prosecution. 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.
Every day that a violation continues shall be deemed a separate offense.
C.
Other
Remedies and Causes of Action. In case any building, structure, landscaping
or land is, or is proposed to be, built, erected, constructed, reconstructed,
enlarged, repaired, expanded, altered, converted, remodeled, relocated,
maintained, developed or used in violation of this Chapter then, in
addition to the above penalties, all other remedies and causes of
actions, whether in law or in equity, are hereby reserved to prevent,
restrain, correct, abate or enjoin any violation of this Chapter,
whether as a public nuisance or otherwise.
11.
Appeals.
A.
Any person
aggrieved by any action or decision of the Floodplain Administrator
concerning the administration of the provisions of this Chapter, may
appeal to the Township Board of Supervisors. Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Floodplain Administrator and filed with the Floodplain Administrator.
B.
Upon
receipt of such appeal, the Township Board of Supervisors shall set
a time and place, within not less than 10 or not more than 30 days,
for the purpose of considering the appeal. The matter shall be heard
pursuant to the procedure of the PA Local Agency Law, 2 Pa.C.S.A.
§§551-555. Written notice of the time and place at which
the appeal will be considered shall be given to all parties.
C.
Any person
aggrieved by any decision of the Township Board of Supervisors may
seek relief there from by appeal to court, as provided by the laws
of this Commonwealth including the Pennsylvania Floodplain Management
Act.
[Ord. 210, 4/30/2013]
1.
In designated
floodplain areas, only the following types of activities/development
will be permitted:
A.
Activities/development
that are compatible with maintaining the existing hydrologic regime
and do not alter the cross sectional dimension of the floodplain and
its storage capacity.
B.
Activities/development
permitted under Title 25, Chapter 105 of the Pennsylvania Code (Dam
Safety and Waterway Management) or conveyances under by Title 25,
Chapter 102 (Erosion and Sediment Controls).
C.
Activities/development
specifically authorized by this Chapter.
[Ord. 210, 4/30/2013]
1.
Identification.
The identified floodplain area shall be:
A.
Any areas
of the Township classified as a special flood hazard area (SFHA) in
the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated May 2, 2013, and issued by the Federal Emergency
Management Agency (FEMA) or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study.
B.
Any community
identified flood hazard areas.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by Township and declared to be a
part of this Chapter.
2.
Description
of Identified Floodplain Areas. The identified floodplain area shall
consist of the following specific areas:
A.
Floodway
Area. Shall be those areas identified as floodway on the FIRM as well
as those floodway areas which have been identified in other available
studies or sources of information for those AE areas where no floodway
has been identified in the FIS. The floodway represents the channel
of a watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing
the water surface elevation by more than one foot at any point.
B.
AE Area
Without Floodway. Shall be those areas identified as an AE Zone on
the FIRM included in the FIS prepared by FEMA and for which base flood
elevations have been provided in the FIS but no floodway has been
delineated.
C.
A Area.
Shall be those areas identified as an A Zone on the FIRM included
in the FIS prepared by FEMA and for which no base flood elevations
have been provided. For these areas, elevation and floodway information
from other Federal, State, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the base flood elevation shall be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
D.
Community
Identified Flood Hazard Areas. Shall be those areas where the Township
has identified local flood hazard or pending areas, as delineated
and adopted on a “Local Flood Hazard Map” using best available
topographic data and locally derived information such as flood of
record, historic high water marks, soils or approximate study methodologies.
3.
Changes
in Identification of Area. The identified floodplain area, including
any community identified flood hazard areas may be revised or modified
by the Township where studies or information provided by a qualified
agency or person documents the need for such revision. However, prior
to any such change to the special flood hazard area, approval must
be obtained from the Federal Emergency Management Agency (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 changes to the special flood hazard area by submitting technical
or scientific data.
4.
Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Floodplain Administrator (after a review by the Township Planning Commission) and any party aggrieved by this decision or determination may appeal to the Township Board of Supervisors as per § 8-104, Subsection 11, hereof. The burden of proof shall be on the appellant by a preponderance of evidence.
[Ord. 210, 4/30/2013]
1.
In identified
floodplain areas, the following shall be prohibited:
A.
Any new
construction or development that will in any manner retard, divert
or alter the natural flow of flood waters on the site except activities
permitted by the Pennsylvania Department of Environmental Protection
under Title 25, Chapter 105 of the Pennsylvania Code, or conveyances
required by Title 25, Chapter 102. (See definition of development.)
B.
Floodway.
No new construction or development shall be permitted in any floodway
area or, in the absence of a floodway area, within the area measured
50 feet landward from the top-of-bank of any watercourse.
C.
Developments
of Special Concern.
(1)
The
commencement of any of the following activities, or the construction
enlargement, or expansion of any structure used, or intended to be
used, for any of the following activities shall be prohibited:
(a)
Hospitals.
(b)
Nursing homes.
(c)
Jails or prisons or detention centers.
(d)
Landfills or dumps.
(e)
Junkyards, scrap yards or recycling centers.
(f)
Amusement parks.
(g)
Any use that creates any objectionable or noxious noise, odors, fumes,
smoke, dust, ash, vibrations, light glare; any type of air pollution,
water pollution or soil contamination; any type of hazardous, dangerous
or explosive conditions; and, any type of electrical interference
or radiation.
(2)
The
commencement of, or any construction of, a new manufactured home park
or manufactured home subdivision, or substantial improvement to an
existing manufactured home park or manufactured home subdivision.
(3)
Recreational
Vehicles. The parking or use of a recreational vehicle unless it is
fully licensed and ready for highway use.
(4)
Fill.
The placement of fill material that is not associated with a permitted
activity.
(5)
Sewage
Disposal. On-lot or community subsurface sewage disposal systems.
(6)
Structures
associated with mining or oil and gas production, i.e., water storage,
fluid containment, or well pads.
(7)
Any
type of development or activity shall be prohibited 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 of more than 550 gallons, or other comparable
volume, of any of the following dangerous materials or substances
on the premises; or, which will involve the production, storage, or
use of any amount of radioactive substances. The following list of
materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(s)
Any other substance as determined by the Township.
[Ord. 210, 4/30/2013]
1.
The following activities/development are permitted in identified floodplain areas provided such activity/ development does not involve any activity/development prohibited by § 8-107.
A.
Agricultural
activities.
B.
Plant
nurseries.
C.
Forestry
and seed production.
D.
Fish hatcheries.
E.
Parking
lots constructed to existing grade.
F.
Temporary
fairs or carnivals.
G.
Accessory
uses for residential purposes.
H.
Private
sportsmen’s club activities (for example, archery, hunting,
horse shoes etc.).
I.
Athletic
facilities.
J.
Orchards.
K.
Wildlife
sanctuaries.
L.
Boat launch
sites constructed to existing grade.
N.
Recreational
Vehicles. The parking or use of vehicles which are fully licensed
and ready for highway use.
[Ord. 210, 4/30/2013]
Any activity/development not expressly permitted in § 8-108 shall only be permitted by variance and shall be undertaken only in full compliance with §§ 8-113 and 8-114. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by § 8-107, Subsection 1C.
[Ord. 210, 4/30/2013]
1.
Alteration
or Relocation of Watercourse.
A.
Alteration
or Relocation of Watercourse. No encroachment, alteration, improvement
or development of any kind shall be made to any watercourse until
all adjacent municipalities which may be affected by such action,
the Federal Emergency Management Agency, and the Pennsylvania Department
of Community and Economic Development have been notified in writing
by the applicant by certified mail, and until all required permits
or approvals have been first obtained from the Department of Environmental
Protection, Northeast Regional Office, and other applicable agencies.
The applicant shall provide the Township with proof of the required
notifications and copies of any responses.
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood carrying capacity of the watercourse
in any way.
B.
Restoration
of Unstable Stream Banks. No stream bank restoration or stabilization
projects shall be undertaken unless and until the applicant obtains
all required approvals and permits from the necessary agencies such
as the PA Department of Environmental Protection and the Army Corps
of Engineers. Any restoration or stabilization project shall include
all necessary measures to ensure the maintenance of stability in the
adjacent stable reaches of the stream channel.
2.
Technical
or scientific data shall be submitted by the applicant (with the approval
of the Township Board of Supervisors) to FEMA for a Letter of Map
Revision (LOMR) as soon as practicable but within six months of the
completion of any new construction, development or other activity
resulting in changes in the base flood elevation. The situations when
a LOMR or a Conditional Letter of Map Revision (CLOMR) are required
are:
A.
Any development
that causes a rise in the base flood elevations within the floodway;
or,
B.
Any development
occurring in Zone AE without a designated floodway, which will cause
a rise of more than one foot in the base flood elevation; or,
C.
Alteration
or relocation of a stream (including but not limited to installing
culverts and bridges).
[Ord. 210, 4/30/2013]
1.
The provisions
of this Chapter do not require any changes or improvements to be made
to lawfully existing structures. However, when an improvement is made
to any existing structure in the identified floodplain area, the following
provisions shall apply:
A.
Expansions.
Any substantial improvement to an existing structure which results
in the horizontal expansion of the structure perpendicular to the
stream flow shall be prohibited.
B.
Floodways.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the BFE.
C.
AE Area
Without Floodway. No expansion or enlargement of an existing structure
shall be allowed within any AE Area without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
D.
AE Area
Without Floodway and A Area. No permitted expansion or enlargement
of an existing structure shall be allowed within 50 feet landward
from the top-of-bank of any watercourse within any AE Area which lacks
a designated floodway or within any A Area unless necessary permits
are obtained from the Department of Environmental Protection Regional
Office.
F.
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.
G.
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 to the greatest extent possible.
I.
The above
activity shall also address the requirements of the 34 Pa. Code, as
amended and the 2009 IBC and the 2009 IRC.
[Ord. 210, 4/30/2013]
1.
Existing Lots or Parcels of Record. In the case where an existing lot or parcel of record is located wholly within an identified floodplain area, or where the useable area of a lot or parcel partially within any identified floodplain area, is found to be inadequate for the proposed development, any prohibited development listed in § 8-107 may only be permitted by variance in accord with § 8-113.
2.
Newly Created
Lots or Parcels.
A.
After the effective date of this Section, every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of an identified floodplain area, except as provided in Subsection 2B below. The subdivision plan and deed for any such lot or parcel shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Township’s floodplain regulations in effect when such development is proposed.
B.
After
the effective date of this Floodplain Management Ordinance, the subdivision
plan and deed for any lot or parcel created for non-development purposes
(e.g., forestry or agriculture) which contains any identified floodplain
area shall include a restriction that the lot or parcel shall not
be used for any development which does not comply with the Township
floodplain regulations in effect when such development is proposed.
C.
No variance
shall be granted for any development in any identified floodplain
area contained within any lot or parcel created after the effective
date of this Chapter. No variance shall be granted for any development
in any identified floodplain area contained on any development plans
submitted, after the effective date of this Chapter.
D.
All subdivision
proposals containing at least 50 lots or at least five acres, whichever
is the lesser, in identified floodplain areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a Conditional Letter of
Map Revision or Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
[Ord. 210, 4/30/2013]
1.
If compliance
with any of the requirements of this Chapter would result in an exceptional
hardship (as defined in this Chapter) to a landowner, the Township
may, upon request, grant relief from the strict application of the
requirements.
2.
Requests for variances shall be considered by the Township Board of Supervisors in accordance with the procedures contained in § 8-104, Subsection 11, and taking into consideration the following standards:
A.
Alternatives
Analysis. No variance shall be granted until the applicant has performed
an alternatives analysis to find practicable alternatives to development
in the identified floodplain area.
B.
Floodway.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE. Where a variance may be granted, necessary permits shall
be obtained from the Department of Environmental Protection Regional
Office. 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.
C.
AE Area
Without Floodway. No variance shall be granted for any construction,
development, use, substantial improvement or activity within any AE
Area without floodway that would, together with all other existing
and anticipated development, increase the BFE greater than one foot
at any point.
D.
AE Area
Without Floodway and A Area. No variance shall be granted for any
construction, development, use, substantial improvement or activity
within 50 feet landward from the top-of-bank of any watercourse within
any AE area which lacks a designated floodway or within any A Area
unless necessary permits are obtained from the Department of Environmental
Protection Regional Office.
E.
Elevation Required. Any building permitted by variance shall be elevated to the regulatory flood elevation. Within any identified flood plain area, any new construction or substantial improvement of a residential structure or nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The regulatory flood elevation is defined as the BFE plus a freeboard safety factor of 1 1/2 feet. In A Zones, the regulatory flood elevation shall be determined in accordance with § 8-106, Subsection 2C.
F.
Design and Construction Standards. Any development permitted by variance shall comply with the requirements of § 8-114 and all other applicable requirements of the National Flood Insurance Program.
G.
Substantial
Improvements. The Township may grant a variance to the prohibition
of substantial improvements to existing structures in identified floodplain
areas provided all requirements of this Section are satisfied.
I.
Newly
Created Lots or Parcels. No variance shall be granted for any development
in any identified floodplain area contained within any lot or parcel
created after the effective date of this Section. No variance shall
be granted for any development in any identified floodplain area contained
on any development plans submitted, after the effective date of this
Section.
J.
Least
Modification. If granted, a variance shall involve only the least
modification necessary to provide relief.
K.
Conditions.
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.
M.
Review
Factors. In reviewing any request for a variance, the Township shall
consider that the granting of the variance will not:
N.
Record.
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 under this Section shall be included in the
annual report to the FEMA.
[Ord. 210, 4/30/2013]
1.
The following
minimum standards, in addition to all applicable National Flood Insurance
Program requirements, shall apply to any construction and development
approved within any identified floodplain area:
A.
Residential
and Nonresidential Structures.
(1)
In
AE Zones, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation.
(3)
The
design and construction standards and specifications contained in
the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401–405, as amended) shall be utilized.
B.
Space
below the Lowest Floor.
(1)
Fully
enclosed space below the lowest floor (excluding basements) which
will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term “fully enclosed space” also includes crawl
spaces.
(2)
Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect and meet (or exceed) the following
minimum criteria:
(a)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
C.
Manufactured
Homes. All manufactured homes, and any improvements thereto, shall
be:
(1)
Placed
on a permanent foundation.
(2)
Elevated
so that the lowest floor of the manufactured home is at least 1 1/2
feet above the base flood elevation.
(3)
Anchored
to resist flotation, collapse, or lateral movement.
|
Installation of manufactured homes shall be done in accordance
with the manufacturer’s installation instructions as provided
by the manufacturer. Where the applicant cannot provide the above
information, the requirements of Appendix E of the 2009 International
Residential Building Code or the U.S. Department of Housing and Urban
Development’s Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto shall apply and 34
Pa.Code, Chapter 401–405.
|
|
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa.Code, as amended, where appropriate and/or applicable to
units where the manufacturer’s standards for anchoring cannot
be provided or were not established for the unit’s proposed
installation.
|
D.
Accessory
Structures. Structures accessory to a principal building need not
be elevated to remain dry, but shall comply, at a minimum, with the
following requirements:
(1)
The
structure shall not be designed or used for human habitation, but
shall be limited to the parking of vehicles, or to the storage of
tools, material, and equipment related to the principal use or activity.
(2)
Floor
area shall not exceed 200 square feet.
(3)
The
structure shall have a low damage potential.
(4)
The
structure shall be located on the site so as to cause the least obstruction
to the flow of flood waters.
(5)
Power
lines, wiring, and outlets will be elevated to the regulatory flood
elevation.
(6)
Permanently
affixed utility equipment and appliances such as furnaces, heaters,
washers, dryers, etc., are prohibited.
(7)
Sanitary
facilities are prohibited.
(8)
The
structure shall be adequately anchored to prevent flotation or movement
and shall be designed to automatically provide for the entry and exit
of flood water for the purpose of equalizing hydrostatic forces on
the walls. Designs for meeting this requirement must either be certified
by a registered professional engineer or architect and meet (or exceed)
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices provided that they permit the automatic entry and exit
of flood waters.
E.
Fill.
If fill is used, it shall:
(1)
Extend
laterally at least 15 feet beyond the building line from all points.
(2)
Consist
of soil or small rock materials only. Sanitary landfills shall not
be permitted.
(3)
Be
compacted to provide the necessary permeability and resistance to
erosion, scouring, or settling.
(4)
Be
no steeper than one vertical to two horizontal feet unless substantiated
data, justifying steeper slopes are submitted to, and approved by
the Floodplain Administrator.
(5)
Be
used to the extent to which it does not adversely affect adjacent
properties.
F.
Drainage
Facilities. Storm drainage facilities shall be designed to convey
the flow of stormwater runoff in a safe and efficient manner in accordance
with all applicable Township stormwater control requirements. 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.
G.
Water
and Sanitary Sewer Facilities and Systems.
(1)
All
new or replacement water supply and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of flood waters.
(2)
Sanitary
sewer facilities and systems shall be designed to prevent the discharge
of untreated sewage into flood waters.
(3)
No
part of any on-site sewage system shall be located within any identified
floodplain area.
H.
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.
I.
Streets.
The finished elevation of all new streets shall be no more than one
foot below the regulatory flood elevation.
K.
Placement
of Buildings and Structures. All buildings and structures shall be
designed, located, and constructed so as to offer the minimum obstruction
to the flow of water and shall be designed to have a minimum effect
upon the flow and height of flood water.
L.
Anchoring.
(1)
All
buildings and structures shall be firmly anchored in accordance with
accepted engineering practices to prevent flotation, collapse, or
lateral movement.
(2)
All
air ducts, large pipes, storage tanks, and other similar objects or
components located below the regulatory flood elevation shall be securely
anchored or affixed to prevent flotation.
M.
Floors,
Walls and Ceilings.
(1)
Wood
flooring used at or below the regulatory flood elevation shall be
installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain without causing structural damage to the building.
(2)
Plywood
used at or below the regulatory flood elevation shall be of a marine
or water-resistant variety.
(3)
Walls
and ceilings at or below the regulatory flood elevation shall be designed
and constructed of materials that are water-resistant and will withstand
inundation.
(4)
Windows,
doors, and other components at or below the regulatory flood elevation
shall be made of metal or other water-resistant material.
N.
Paints
and Adhesives.
(1)
Paints
and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives
used at or below the regulatory flood elevation shall be of a marine
or water-resistant variety.
(3)
All
wooden components (doors, trim, cabinets, etc.) used at or below the
regulatory flood elevation shall be finished with a marine or water-resistant
paint or other finishing material.
P.
Equipment.
Water heaters, furnaces, air conditioning and ventilating units, and
other electrical, mechanical or utility equipment or apparatus shall
not be located below the regulatory flood elevation.
Q.
Fuel Supply
Systems. All gas and oil supply systems shall be designed to prevent
the infiltration of flood waters into the system and discharges from
the system into flood waters. Additional provisions shall be made
for the drainage of these systems in the event that flood water infiltration
occurs.
R.
Uniform
Construction Code Coordination. The standards and specifications contained
34 Pa. Code (Chapters 401–405), 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.
[Ord. 210, 4/30/2013]
Unless specifically defined below, words and phrases used in
this Chapter shall be interpreted so as to give this Chapter its most
reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Any person that makes an application under this Chapter (whether
for a conditional use permit, a variance, an appeal or otherwise)
whether as the owner of the property in question or as an authorized
agent of that owner.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the “100-year flood”).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
The Board of Supervisors of Smithfield Township, Monroe County,
Commonwealth of Pennsylvania.
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the building, erection, construction,
reconstruction, enlargement, renovation, repair, expansion, conversion,
remodeling or alteration of buildings or other structures; the placement
of manufactured homes; streets, and other paving; utilities; filling,
grading and excavation; mining; dredging; drilling operations; storage
of equipment or materials; and the subdivision of land.
A 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.
Proof by the Applicant (by a preponderance of the evidence)
that no other development or use of the property can be made other
than the development or use being proposed.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
Federal Emergency Management Agency.
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special hazards and the risk
premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
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.
Any structure that is any of the following:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of 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 Interior.
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 directly by the Secretary of the Interior
in states without approved programs.
The International Building Code (the 2009 or latest edition).
The International Residential Building Code (the 2009 or
latest edition).
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this Chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site and are not fully licensed
and ready for highway use.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit-way requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after May 2, 2013, and includes any subsequent improvements
to such structures. Any construction started after March 4, 1988,
and before May 2, 2013, is subject to the ordinance that was in effect
at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
Unless the context clearly supports s different interpretation,
the term shall mean a conditional use permit.
Any natural individual, sole proprietorship, partnership,
corporation, limited liability company, limited liability partnership,
association, joint venture or any other entity of any type.
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
A vehicle which is (1) built on a single chassis; (2) not
more than 400 square feet, measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light-duty
truck; (4) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor
of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions for which the cost of repairs at the time of each such flood
event, on average, equals or exceeds 25% of the market value of the
structure before the damages occurred.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, Al-30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first, alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
See “watercourse.”
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, fences, walls, storage tanks, and other similar items. This
term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the “start of construction”
of the improvement. This term includes structures which have incurred
“substantial damage” or “repetitive loss”
regardless of the actual repair work performed. The term does not,
however, include any project for improvement of a structure to correct
existing violations of State or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this Chapter,
must comply with all ordinance requirements that do not preclude the
structure’s continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
The failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certificates, or other evidence of compliance required in 44
CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
[Ord. 210, 4/30/2013]
Township Ord. 100 as amended (and all floodplain regulations
and management standards recited therein) are hereby repealed. Those
regulations and management standards have now been updated and are
now readopted and restated in their entirety in this Chapter which
ordinance shall be effective on map effective date of May 2, 2013;
and, this Chapter shall remain in full force and effect until modified,
amended, or rescinded by the Township of Smithfield, Monroe County,
Pennsylvania.
