A. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
B. 
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
C. 
Any new construction, development, uses or activities allowed within any identified natural resource protection or floodplain areas, shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
A. 
With any FW (Floodway Area), the following provisions apply:
(1) 
Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
(2) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
B. 
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
C. 
Within any FE (Special Floodplain Area), FA (General Floodplain Area), FF (Flood-Fringe Area), WL (Wetland Area), or LP (Lakes, Ponds or Watercourses), the following provisions apply:
(1) 
No new construction or development shall be located within the area measured 100 feet landward from the top-of-bank of any watercourse or the delineated edge of any protected area. No filing, disturbance of soil or vegetation, piping or diverting shall be permitted. Minor disturbances may be permitted by special exception by Borough Council.
(2) 
Any new construction or development, which would cause any increase in flood heights shall be prohibited within any protected areas.
D. 
Within any WM (Wetland Margin) or LPS (Lake and Pond Shorelines), the following provisions apply:
(1) 
New construction or development shall be limited in areas located within the area measured 100 feet landward from the top-of-bank of any watercourse or the delineated edge of any protected area. These areas shall remain permanent open space, except that up to 20% of the area may be altered, regraded, filed or diverted, piped or built upon by special exception by Borough Council.
(2) 
Any new construction or development, which would cause any increase in flood heights, shall be prohibited within any protected areas.
E. 
Within any SS (Steep Slopes) areas, the following provisions apply:
(1) 
Areas with slopes of 8% to 15%: no more than 50% of the area shall be developed, regraded, or stripped of vegetation.
(2) 
Areas with slopes of 15% to 25%: no more than 40% of the area shall be developed, regraded, or stripped of vegetation.
(3) 
Areas with slopes of 25% or more: no more than 25% of the area shall be developed, regraded or stripped of vegetation.
(4) 
During construction or soil disturbance, soil erosion controls shall be applied to ensure that the final grade shall not increase erosion or water runoff on adjacent properties.
F. 
With any FW (Forest and Woodland) areas, the following provisions apply:
(1) 
No more than 40% of any wooded areas may be cleared or developed, unless the Borough of Langhorne Shade Tree Commission recommends and Borough Council approves, a lesser percentage for a particular lot. The remaining 60% shall be maintained as permanent open space.
(2) 
Individual trees shall not be removed if the live tree has a girth greater than 10 inches measured at a point four feet above grade, unless removal is recommended by the Borough of Langhorne Shade Tree Commission and the recommendation is approved by Borough Council. Approval will only be granted where the tree removal will not adversely affect the character of the lot or the area, nor exceed the standards for steep slopes or wooded areas.
(3) 
For all healthy trees of a girth greater than 10 inches as measured at a point four feet above grade, the following standards shall apply: no greater than 1/3 of the roots may be disturbed by the removal of topsoil or paving provided that a similar amount of the canopy has been removed by a trained arborist and any filling within 35 feet of the trunk shall require a tree well and/or aeration channels, in accordance with the standards of the American Association of Nurserymen, Inc.
(4) 
The tree protection zone is defined as an area radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or wooded area, the tree protection zone shall be the aggregate of the protection zones for individual trees.
G. 
All applicants shall protect streams, lakes, ponds, and wetland areas from sedimentation damage and shall control erosion in accordance with the Clean Streams Law P.L. 1987,[1] Chapter 102,[2] and as hereafter amended. All applicants shall submit a soil erosion and sedimentation control plan as described in Chapter 390, Subdivision and Land Development, regardless of the size of the lot or project.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 25 Pa. Code Chapter 102.
H. 
All applicants shall complete and comply with the requirements and restrictions of the site capacity calculations set forth in § 450-602 of Chapter 450, Zoning.
A. 
Residential structures within any identified natural resource protection area subject to flooding or wetness, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
B. 
Nonresidential structures.
(1) 
Within any identified natural resource protection area subject to flooding or wetness, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(2) 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the 100-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
C. 
Space below the lowest floor.
(1) 
Fully enclosed space below the lowest floor (including basement) is prohibited.
(2) 
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawlspaces.
(3) 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
D. 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(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 600 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.
(5) 
Power lines, wiring, and outlets will be at least 1 1/2 feet above the 100-year 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 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.
[Amended 6-8-2005 by Ord. No. 2005-05]
The following minimum standards shall apply for all construction and development proposed within any identified natural resource protection area subject to flooding or wetness:
A. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only, Sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4) 
Be no steeper than one vertical to two horizontal, feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Building Code Official;
(5) 
Be used to the extent to which it does not adversely affect adjacent properties;
(6) 
Be supported by satisfactory evidence indicating that the cross-sectional area of the floodplain will not be reduced;
(7) 
Be supported by satisfactory evidence indicating that there will be no increase in the potential flood height, or increase in flood velocity, at, above, or below the site due to the proposed fill;
(8) 
Be supported by evidence that permission has been obtained for the proposed fill from the Division of Dams and Encroachments of the Pennsylvania Department of Environmental Protection pursuant to the State regulations of water obstructions and from the Borough Engineer.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Water and sanitary sewer facilities and systems.
(1) 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) 
Private on-lot sewage disposal systems shall not be constructed within the floodplain and shall be at least five feet above the elevation of the floodplain boundary.
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 less than 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 § 295-26, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and 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.
J. 
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.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the 100-year flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. 
State regulations. No encroachment into or alteration or relocation of any watercourse shall take place unless a permit has been secured from the Pennsylvania Department of Environmental Protection, Bureau of Dam Safety, Obstructions and Stormwater Management and notification of the proposed alteration, encroachment or relocation has been given to all adjacent communities, and copies of the notification(s) have been sent to the Pennsylvania Department of Community and Economic Development and the Federal Insurance and Mitigation Administration.
O. 
Best management practices requiring proof of compliance with the best management practices (BMPs) required in the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[1] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq
A. 
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. 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) 
Hydro cyanic acid.
(10) 
Magnesium.
(11) 
Nitric acid and oxides of nitrogen.
(12) 
Petroleum products (gasoline, fuel oil, etc.)
(13) 
Phosphorus.
(14) 
Potassium.
(15) 
Sodium.
(16) 
Sulphur and sulphur 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 FW (Floodway Area), any structure of the kind described in Subsection A, above, shall be prohibited.
C. 
Within any FE (Special Floodplain Area), FA (General Floodplain Area), FF (Flood-Fringe Area), WL (Wetland Area), or LP (Lakes, Ponds or Watercourses), any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured 100 feet landward from the top-of-bank of any watercourse or the edge of any delineated protected area.
D. 
Where permitted within any protected area, any new or substantially improved structure of the kind described in Subsection A, above, shall be:
(1) 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood and,
(2) 
Designed to prevent pollution from the structure or activity during the course of a 100-year flood.
E. 
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.
A. 
Within any FW (Floodway Area), manufactured homes shall be prohibited.
B. 
Within any FE (Special Floodplain Area), FA (General Floodplain Area), FF (Flood-Fringe Area), WL (Wetland Area), or LP (Lakes, Ponds or Watercourses), manufactured homes shall be prohibited within the area measured 100 feet landward from the top-of-bank of any watercourse or the edge of any delineated protected area.
C. 
Where permitted within any protected area, 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 1 1/2 feet or more above the elevation of the 100-year flood.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
All uses and activities established after the effective date of this chapter shall comply with the natural resource protection standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.
A. 
For subdivision plans and land development plans, restrictions meeting municipal specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as common open space in accordance with the requirements of Chapter 390, Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
B. 
Land in the natural resource protection classification may be:
(1) 
Included in the property area of any lot or site held in or proposed for private ownership provided the lot area of any land not in such classification shall equal or exceed the minimum lot area or site area and other requirements set forth by this chapter for such lot or site.
(2) 
Offered for dedication to the Borough, county or other public entity or agency thereof for uses permitted by this chapter on such land.
(3) 
Placed in ownership of nonprofit home owners or property owners associations, condominium or cooperative corporation or other such agency as may be approved by the Council under the provisions of this chapter.
C. 
Restrictions on nonpublic ownership. Covenants shall be recorded with the deeds to land in the natural resource protection classification to be held in other than public ownership permitting the municipality, after proper legal notice, to enter on such land to perform maintenance or rehabilitation work on any drainage or erosion control facility thereon which the owner of such land had failed to perform and to lien the property for the cost of such work.
A. 
Lot area. For purposes of application of regulations for minimum lot area, maximum building coverage, maximum impervious surface ratio, and other requirements of this chapter, land in the floodplain shall be excluded from lot area except when removed from such classification as specifically provided in this chapter or Chapter 450, Zoning.
B. 
Site area. For purposes of application of regulations for minimum site area, maximum density, maximum impervious surface ratio, minimum open space area, and other requirements of Chapter 450, Zoning, land which is fully protected and upon which development is not permitted shall be fully excluded from gross site area as defined in Chapter 450, except when removed from such classification as specifically provided in this chapter or Chapter 450. For purposes of application of regulations for minimum site area, maximum density, maximum impervious surface ratio, minimum open space area, and other requirements of Chapter 450, land which is partially protected and upon which development is not fully permitted shall be excluded from gross site area to the extent that development upon the land is not permitted, except when removed from such classification as specifically provided in this chapter or Chapter 450.
C. 
Obstructions. The following shall not be placed in any stream channel or floodplain: fences, except two-wire fences, other structure or other matter which may impede, retard or change the direction of the flow of water in such stream channel or Floodplain, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public property adjacent to the said stream or floodplain.
A. 
The following uses and no others shall be permitted on land in fully protected natural resource protection areas where such uses are permitted in the zoning district applicable to such lands:
(1) 
Tilling of the soil, grazing, pasturing.
(2) 
Forestry and wood production excluding storage and mill structures.
(3) 
Flower and vegetable gardening, outdoor plant nurseries.
(4) 
Parks, playgrounds and golf courses exclusive of buildings.
(5) 
Water intakes subjects to pertinent regulations of the Pennsylvania Department of Environmental Protection.
B. 
Applications for any of the above listed uses or any other development shall be submitted to the Borough for its approval.
C. 
None of the uses or development activity listed above shall be permitted in the floodway portion of the Floodplain District unless the effect of the proposed activity or development on flood heights is fully offset by accompanying stream improvements.