[Added 7-19-2023 by Ord. No. 826[1]]
[1]
Editor's Note: This ordinance also repealed former Art. X,
Floodplain Regulations.
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,
as amended by Act 65 of 2022,[1] 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 Commissioners of the Township of Upper Allen does hereby order
as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
This article shall be known and may be cited as the "Upper Allen
Township Floodplain Management Regulations."
The intent of this article is to:
A.
Promote the general health, welfare, and safety of the community.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
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 the appropriate
development permit has been obtained from the Floodplain Administrator,
their designee, or any other authorized Township official.
This article 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 article, the more restrictive
shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on accepted
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 article 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.
B.
This article 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 article or any administrative decision lawfully
made thereunder.
A.
The Zoning Officer is hereby appointed to administer and enforce
this article and is referred to herein as the Floodplain Administrator.
(1)
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;
(c)
Enter into a written agreement; or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
(2)
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.
B.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Zoning and Code Official,
the Building Code Official, or other duly authorized Township official(s).
Building and/or zoning permits shall be required before any
construction or development is undertaken within any area of the Township.
A.
The Floodplain Administrator shall issue a 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 to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
C.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
proposed cost of improvements or repairs and the preimprovement market
value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
D.
In the case of existing structures, prior to the issuance of any
development permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
E.
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 state, federal, and
municipal laws and ordinances. Such inspections, as deemed necessary
by the authorized official(s), will be made during and upon completion
of the work.
F.
In the discharge of his/her duties, the officials named in § 245-10.7 shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article. Whenever an authorized agent or official of the Township has been refused access to a property for the purpose of conducting a survey or inspection, or reasonably requires access to such property without prior notice to the owner, such agent or Township official may apply for an inspection warrant to any commonwealth official authorized by law to issue a search or inspection warrant.
G.
In the event the authorized Township official(s) discovers that the
work for which the permit was issued 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, Zoning Officer, and/or Building Code Official
shall issue a stop-work order and order corrective action to be taken
by the applicant or permit holder before the cited work will be permitted
to resume or shall revoke the permit and report such fact to the Board
of Commissioners for whatever action it considers necessary.
H.
The Floodplain Administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this article, including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
I.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program as requested.
J.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
K.
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2018 IBC and the 2018 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
A.
Application for such a building and/or zoning permit shall be made,
in writing, 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)
The site location, including address.
(5)
A listing of other permits required.
(6)
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the reviewing Township official(s) to determine
that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this article 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;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Township to
make the above determination:
(1)
A completed and signed building and/or zoning application form,
including any supplemental application forms.
(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;
(c)
All property and lot lines, including dimensions, and the size
of the site, expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of any 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;
(f)
The location of any public or private easements, steep slopes,
and any other environmentally sensitive areas;
(g)
The location of all existing streets, driveways, and other access
ways and parking areas, with information concerning widths, pavement
types and construction and elevations; and
(h)
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.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under 34 Pa. Code,
the 2018 IBC or the 2018 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
(4)
The following data and documentation:
(a)
FEMA elevation certificate.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood.
(d)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area (See § 245-10.18.) when combined with all other existing and anticipated development will not cause any increase in the base flood elevation. AE Areas outside the floodway are exempt from this no-rise requirement.
(e)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(f)
Detailed information needed to determine compliance with § 245-10.25F, Storage, and § 245-10.26, Development that may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 245-10.25F and 245-10.26 which are intended to be used, produced, stored or otherwise maintained on site.
(g)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(h)
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.
(i)
Where no permit is required by the Department of Environmental
Protection (DEP), evidence shall be provided that DEP was contacted
and that the activity does not require a state permit.
(j)
For accessory structures, any best available data from past
flooding events, distance of structure from flooding source, and any
other information showing width of channel, stream, or river and direction/velocity
of the water flow to show the location of the structure will cause
the least obstruction to the flow of floodwaters.
D.
Applications for permits shall be accompanied by a fee, payable to
the Township, based upon the estimated cost of the proposed construction.
Such fee amount or schedule shall be set from time to time by resolution
by the Township Board of Commissioners.
A copy of all applications and the E&S plan for any proposed
construction or development in an identified floodplain area to be
considered for approval shall be submitted by the Floodplain Administrator
to the Cumberland County Conservation District (CCCD) for review to
determine erosion and sediment control plan compliance with 25 Pa.
Code Chapter 102 prior to the issuance of a permit. The applicant
shall be responsible for any additional fees required by the CCCD.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Township Engineer, Fire Department, Fire Marshal, County Planning
Commission, DCNR, etc.) for their review and comment. The applicant
shall be responsible for any additional fees required by such outside
agencies and/or individuals.
After the issuance of a building and/or zoning permit, 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 permit-issuing Township
official(s). Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator,
or their designee, for consideration.
In addition to the permit, a placard shall be issued, or similar
document, which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit and the date of its issuance and be signed by the appropriate
reviewing Township official(s).
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also 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 or the Building
Code Official. The issuance of a development permit does not refer
to the zoning approval.
B.
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 and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request and the original
permit is compliant with this article and the FIRM/FIS in effect at
the time the extension is granted.
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
article, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
(5)
Contain an outline of remedial actions which, if taken, will
affect compliance with the provisions of this article.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this article or who fails or refuses
to comply with any notice, order or direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of an offense and upon conviction shall pay a fine to the Township
of Upper Allen of not less than $25 nor more than $600 plus costs
of prosecution. In default of such payment, such person shall be imprisoned
in the county prison for a period not to exceed 10 days. Each day
during which any violation of this article continues shall constitute
a separate offense. In addition to the above penalties, all other
actions are hereby reserved, including an action in equity for the
proper enforcement of this article. The imposition of a fine or penalty
for any violation of, or noncompliance with, this article shall not
excuse the violation or noncompliance or permit it to continue. All
such persons shall be required to correct or remedy such violations
and noncompliance with, a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this article may be declared
by the Board of Commissioners to be a public nuisance and abatable
as such.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
A.
The identified floodplain area shall be:
(1)
Any areas of Township of Upper Allen, classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated September
7, 2023, and issued by the Federal Emergency Management Agency (FEMA)
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study; and
(2)
Any community-identified flood hazard areas.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by the Township and declared to
be a part of this article.
The identified floodplain area shall consist of the following
specific areas:
A.
The floodway area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(1)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(2)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection (DEP) regional office.
B.
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(1)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(2)
AE Area without floodway shall be those areas identified as
an AE Zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
(a)
No encroachments, including fill, new construction, substantial
improvements, or other development, shall be permitted in an AE Zone
without floodway, unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed development, together with all other existing
and anticipated development, would not result in an increase in flood
levels within the entire community during the occurrence of the base
flood discharge.
(b)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection (DEP) regional office.
C.
A Area/District.
(1)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(2)
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. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
D.
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by 1%-annual-chance shallow flooding where average depths are between
one and three feet. In Zones AO and AH, drainage paths shall be established
to guide floodwaters around and away from structures on slopes.
E.
Community-identified flood hazard areas shall be those areas where
the Township has identified local flood hazard or ponding 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.
The identified floodplain area may be revised or modified by the Board of Commissioners 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 FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 245-10.23B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Township Zoning
Officer, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board, with the approval of FEMA.
The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
A.
Alteration or relocation of watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection (DEP). Additional
permits may be required by the Department of Community and Economic
Development (DCED), Department of Conservation and Natural Resources
(DCNR), and the Bureau of Dams and Waterway Management.
(2)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
In addition, FEMA and the Pennsylvania Emergency Management
Agency (PEMA) shall be notified prior to any alteration or relocation
of any watercourse.
B.
When the Township proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway which will cause a rise of more than
one foot in the base flood elevation; or alteration or relocation
of a stream (including but not limited to installing culverts and
bridges), the applicant, at their expense, shall (as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(2)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(3)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR Part 67.
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this article and any other applicable
codes, ordinances and regulations.
D.
Within any identified floodplain area, no new construction or development
shall be located within the area measured 100 feet landward from the
top-of-bank of the Yellow Breeches Creek and the area measured 50
feet landward from the top-of-bank of any other watercourse.
A.
Residential structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 245-10.19C herein.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2018 International Building Code (IBC) and in the 2018 International
Residential Code (IRC) or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized, where they are more
restrictive.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 245-10.19C herein.
(3)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended in EP 1165-2-314,
December 1995) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standards. There should be a
statement submitted with the permit application and a statement submitted
with the as-built floodproofing certificate prior to the issuance
of the certificate of occupancy.
(5)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
(a)
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include at a minimum:
(b)
A flood emergency operation plan detailing the procedures to
be followed during a flooding event and which must include information
pertaining to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
[1]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[2]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[3]
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
[4]
An evacuation plan for all personnel or occupants,
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[5]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
(6)
The design and construction standards and specifications contained
in the 2018 International Building Code (IBC) and in the 2018 International
Residential Code (IRC) or the latest revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized, where they are more
restrictive.
C.
Space below the lowest floor. Enclosed space below the lowest floor
(including the basement) is prohibited.
D.
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement, as defined in this
article, must comply with all ordinance requirements that do not preclude
the structure's continued designation as an historic structure.
Documentation that a specific ordinance requirement will cause removal
of the structure from the National Register of Historic Places or
the State Inventory of Historic Places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from ordinance requirements will be the minimum necessary to preserve
the historic character and design of the structure.
E.
Accessory structures. Accessory structures in this section are considered
walled and roofed where the structure includes at least two outside
rigid walls and a fully secured roof. 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:
(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 will have a low damage potential.
(4)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters. If it is determined
that the structure can be placed outside of any special flood hazard
area, then it shall comply with all applicable provisions of this
chapter.
(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, outdoor wood-fired boilers, fireplaces,
smokers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
Pools and spas, both in-ground and aboveground, are prohibited.
(9)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater 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 or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(10)
For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in §§ 245-10.36 and 245-10.37 herein. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(11)
Prohibit the storage of hazardous materials in accessory structures.
(12)
Development such as a gazebo, porch, deck, patio, pavilion, picnic shelter, or carport that is open on all sides (roofed but not walled) are exempt from the provisions of § 245-10.24E but may be subject to other requirements within this article and the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR.
(13)
No accessory structure is permitted in any floodway or community-identified
flood hazard areas.
F.
Fence standards. Fences may be permitted in the floodplain for agricultural
uses only, depending on the type of fence and its use. In some cases,
fencing is not permitted in the floodplain. The following table identifies
what types of fences are permitted in the floodplain:
|
Uses of Fencing Allowed for Agricultural Uses
| |||
|---|---|---|---|
|
Fence Type
|
Flood Fringe
|
Floodway
|
Main Channel, Ponding Area, AH or AH Area/District, or other
Community-Identified Flood Hazard Area
|
|
Open barbed or barbless wire
|
Yes
|
No
|
No
|
|
Open pipe or rail fencing (i.e., corrals)
|
Yes
|
No
|
No
|
|
Other wire, pipe or rail fencing (i.e., field fence, welded
wire, chicken wire, etc.)
|
No
|
No
|
No
|
|
Chain link
|
No
|
No
|
No
|
|
Solid wood fence
|
No
|
No
|
No
|
|
Privacy fence
|
No
|
No
|
No
|
|
Collapsible or breakaway fencing
|
No
|
No
|
No
|
(1)
Open barbed or barbless wire. For floodplain management purposes,
barbed and/or barbless wire will be considered open if there is no
more than one horizontal strand per foot of height and no more than
one vertical wire or post every six feet.
(2)
Open pipe or rail fencing (i.e., corrals). For floodplain management
purposes, pipe/rail fencing will be considered open if the horizontal
pipes/rails occupy less than 10% of the area fenced and posts are
spaced no closer than eight feet.
(3)
Other pipe, wire, rail, chain-link, solid wood, collapsible
or breakaway, and/or privacy type fencing, etc., that does not meet
the term open requirements described above shall be prohibited in
any special flood hazard area.
(4)
No fence shall be permitted in any identified floodway area
nor within any specifications defined in a community-identified flood
hazard area.
(5)
The term "fence" does not include retaining walls and other
walls for the purposes of this article. All fences and walls must
meet other zoning, land use, and Building Code standards set forth
within this chapter and other applicable Township ordinances and state
and federal regulations.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill.
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
No fill shall be permitted in a floodway.
(3)
A written request including a completed permit application form shall be submitted in accordance with § 245-10.10 herein. In addition, the following shall be submitted:
(a)
Plans showing the location of the floodplain boundary line and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities.
(b)
Location and amount of fill, including existing and proposed
grading of the lot or area affected.
(c)
A statement, certified by a registered professional engineer
or other qualified person, which contains a complete and accurate
description of the nature and extent of the use of fill and how such
fill will affect adjacent properties.
(d)
Any other information which the municipality and/or agency considered
necessary for adequate review of the application.
B.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages," and the International
Private Sewage Disposal Code shall be utilized.
D.
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 245-10.26, Development that may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H.
The following shall not be placed or caused to be placed in identified
flood-prone areas: fences, except two-wire fences, other structures
or other matter which may impede, retard or change the direction of
the flow of water, or that will catch or collect debris carried by
such water, or that are placed where the natural flow of the stream
or floodwaters would carry the same downstream to the damage or detriment
of either public or private property adjacent to the flood-prone areas.
I.
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.
J.
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.
K.
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.
M.
Equipment.
(1)
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 and shall
be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
N.
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.
O.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions, shall apply to the above
and other sections and subsections of this article, to the extent
that they are more restrictive and supplement the requirements of
this article.
(1)
International Building Code (IBC) 2018 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International Residential Code (IRC) 2018 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Sections R104,
R105, R109, R322, Appendix E, and Appendix J.
A.
In accordance with the Pennsylvania Flood Plain Management Act,[1] as amended, and the regulations originally adopted by
the Department of Community and Economic Development, to be further
adopted or amended by the Pennsylvania Emergency Management Agency
in consultation with the Department of Environmental Protection (DEP)
as required by the Act, any new or substantially improved structure
which: 1) will be used for the production or storage of any of the
following dangerous materials or substances; or 2) 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 3) will involve the production,
storage, or use of any amount of radioactive substances shall be subject
to the provisions of this section, in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
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 100 feet landward from the top-of-bank of the Yellow Breeches Creek and measured 50 feet landward from the top-of-bank of any other watercourse.
C.
Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited.
D.
Where permitted within any identified floodplain area, any new or substantially improved structure of any kind described in Subsection A, above, shall be built in accordance with §§ 245-10.23, 245-10.24, and 245-10.25, including:
(1)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation; and
(2)
Designed to prevent pollution from the structure or activity
during the course of a base 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.
All subdivision proposals and land development proposals containing
at least 20 lots or at least three 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
(CLOMR) and letter of map revision (LOMR). Submittal requirements
and processing fees shall be the responsibility of the applicant.
A.
Within any floodway area/district, manufactured/mobile homes shall
be prohibited.
B.
Within any identified floodplain area, manufactured/mobile homes
shall be prohibited within the area measured 100 feet landward from
the top-of-bank of the Yellow Breeches Creek and 50 feet landward
from the top-of-bank of any other watercourse.
C.
Where permitted within any identified floodplain area, all manufactured/mobile
homes, and any improvements thereto, shall be:
D.
Equipment requirement:
(1)
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 and shall
be anchored to resist flotation, collapse, and lateral movement.
(2)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
E.
Installation of manufactured/mobile homes shall be done in accordance
with the manufacturer's installation instructions as provided
by the manufacturer. Where the applicant cannot provide the above
information, the requirements of Appendix E of the 2018 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, and 34 Pa. Code Chapters
401 through 405 shall apply.
F.
Consideration shall be given to the installation requirements of
the 2018 IBC, and the 2018 IRC or the latest revision thereto as adopted
by the Commonwealth of Pennsylvania, and 34 Pa. Code, as amended,
where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the proposed unit's installation.
G.
An evacuation plan acceptable to the Upper Allen Township Emergency
Management Director, Fire Marshal and Fire Department, indicating
alternative vehicular access and escape routes, shall be filed with
the Township Building Code Official for mobile home/manufactured home
parks.
A.
Within any identified floodplain area the storage of recreational
vehicles shall be prohibited. No variance shall be granted.
In accordance with the administrative regulations originally
adopted by the Department of Community and Economic Development to
implement the Pennsylvania Flood Plain Management Act, as amended,[1] to be further adopted or amended by the Pennsylvania Emergency
Management Agency in consultation with the Department of Environmental
Protection as required by the Act, the following activities shall
be prohibited within any identified floodplain area unless a special
permit has been issued by the Township:
B.
The commencement of, or any construction of, a new manufactured/mobile
home park or manufactured/mobile home subdivision, or substantial
improvement to an existing manufactured/mobile home park or manufactured/mobile
home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
Applicants for special permits shall provide five copies of
the following items:
A.
A written request, including a completed permit application form.
B.
A small-scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date;
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
(4)
The location of all existing streets, driveways, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4)
Detailed information concerning any proposed floodproofing measures,
including the flood emergency operation plan and the inspection and
maintenance plan;
(5)
Cross-section drawings for all proposed streets, driveways,
other accessways, and parking areas, showing all rights-of-way and
pavement widths;
(6)
Profile drawings for all proposed streets, driveways, and vehicular
accessways, including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(3)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
(4)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
(5)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation and flows;
(6)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development";
(7)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to those of §§ 245-10.36 and 245-10.37:
A.
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
may be forwarded to the County Planning Commission by registered or
certified mail, or other acceptable method, 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.
B.
If an application is received that is incomplete, the Township shall
notify the applicant in writing, stating in what respect the application
is deficient.
C.
If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Department of Community and Economic Development, by registered
or certified mail, within five working days after the date of approval.
E.
Before issuing the special permit, the Township shall allow the Department
of Community and Economic Development 30 days, after receipt of the
notification by the agency, to review the application and decision
made by the Township.
F.
If the Township does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special permit to the applicant.
G.
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify the Township and the
applicant, in writing, of the reasons for the disapproval, and the
Township shall not issue the special permit.
A.
In addition to the requirements of §§ 245-10.23 through 245-10.29 of this article, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those within this article or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(1)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
(a)
The structure will survive inundation by waters of the base
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the BFE.
(b)
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
(c)
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood.
(2)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
C.
All hydrologic and hydraulic analyses shall be undertaken only 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 Department of Community and Economic
Development.
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 245-10.35 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 245-10.19C. AE areas outside the floodway are exempt from this requirement.
B.
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 article.
C.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2018 IBC and the 2018 IRC, or most recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
D.
Within any floodway area/district (See § 245-10.19A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection (DEP) regional office.
E.
Within any AE Area/District without floodway (See § 245-10.19B), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection (DEP) regional office.
F.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
G.
Any modification, alteration, reconstruction, or improvement of any
kind occurring as a result of cumulative substantial damage, as defined
in this article, shall be undertaken only in full compliance with
the provisions of this article.
If compliance with any of the requirements of this article would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 245-10.17 and the following:
A.
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In the A Area/District, BFEs are determined using the methodology in § 245-10.19C. AE areas outside the floodway are exempt from this requirement.
B.
No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
C.
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§§ 245-10.30 through 245-10.33) or to development that may endanger human life (§ 245-10.26).
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare and to achieve the
objectives of this article.
G.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
H.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to FEMA.
I.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
Unless specifically defined below, words and phrases used in
this article shall be interpreted so as to give this article its most
reasonable application.
As used in this article, the following terms shall have the
meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or 1%-annual-chance
flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 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.
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.
Flood-related damages sustained by a structure on two or
more separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event, on average, equals
or exceeds 25% of the market value of the structure before the damages
occurred.
A form signed by the property owner to agree not to convert
or modify, in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
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.
The 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 flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of 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 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 that have been certified
either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See §§ 245-10.18 and 245-10.19 for the specifics on what areas the community has included in the identified floodplain area.
Any of the following activities:
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
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Where structures are designed and/or located in a manner
that if inundated by floodwaters results in minimal damage to the
structure and its contents. When considering flood-related damage,
the elements of physical damage, contents damage, and loss of function
shall be considered along with any other requirements as defined in
FEMA's Bulletin P-2140, as amended.
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area, used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A 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.
The price for which the asset or property is sold on a given
market.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after February 15, 1980, and before the effective
start date of this floodplain management article is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM) dated February 15, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated February 15, 1980, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
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, A1-A-30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks/subdivisions and substantial
improvements to such existing parks, when such development is located
in all, or a designated portion, of a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after 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.
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, walled and/or roofed
buildings, sheds, manufactured homes, and other similar items. This
term includes a gas or liquid storage tank that is principally above
ground, as well as a manufactured home. This term also includes any
man-made object having an ascertainable stationary location on or
in land or water, whether or not affixed to land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, 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 cumulative substantial damage 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.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
The Zoning Hearing Board of Upper Allen Township.
