[Amended 11-6-2006 by Ord. No. 202; 1-16-2012 by Ord. No. 237]
A. 
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Floodplain Management Act of 1978,[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 Supervisors of the Township of Washington does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Intent. The intent of this article is to:
(1) 
Promote general health, welfare, and safety of the community;
(2) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(3) 
Minimize danger to public health by protecting water supply and natural drainage;
(4) 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding; and
(5) 
Comply with federal and state floodplain management requirements.
C. 
Applicability.
(1) 
It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Washington Township floodplain areas unless a permit has been obtained from the Floodplain Administrator.
(2) 
A permit shall be required for any construction or development that is undertaken within any floodplain area of Washington Township, including minor repairs to existing buildings or structures.
D. 
Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other Code 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.
E. 
Severability. 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.
F. 
Warning and disclaimer of liability.
(1) 
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.
(2) 
This article shall not create liability on the part of Washington 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.
G. 
Administration.
(1) 
Designation of the Floodplain Administrator. The Code Enforcement Officer is hereby appointed to administer and enforce this article and is referred to herein as the Floodplain Administrator.
(2) 
Duties and responsibilities of the Floodplain Administrator.
(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 regulations.
(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);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (1937-394, as amended);[4] 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.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(c) 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and regulations. He/she shall make as many inspections during and upon completion of the work as are necessary.
(d) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises, or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(e) 
In the event that the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and regulations, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action they consider necessary.
(f) 
The Floodplain Administrator shall maintain all records associated with the requirements of this article including, but not limited to, permitting, inspection, and enforcement.
(g) 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
[Amended 1-16-2012 by Ord. No. 237]
A. 
Identification.
(1) 
The identified floodplain area shall be any areas of Washington Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated January 18, 2012, 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 any Community Identified Flood Hazard Area.
(2) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Washington Township and declared to be a part of this article.
B. 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1) 
The Floodway Area/District identified as floodway in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS.
(a) 
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2) 
AE Area/District.
(a) 
The AE Area/District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in FIS but no floodway has been delineated.
(b) 
In the AE Area/District without floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
(3) 
A Area/District.
(a) 
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 one-percent annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the 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.
(b) 
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 other individuals with 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.
(4) 
The Shallow Flooding Area/District shall be those areas identified as Zone AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zone AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
C. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data.
D. 
Boundary disputes. Should a dispute concerning an identified floodplain boundary arise, an initial determination shall be made by the Washington Township Planning Committee and any party aggrieved by this decision or determination may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.
[Amended 12-16-2019 by Ord. No. 271]
E. 
Jurisdictional boundary changes. 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. 
All uses, activities, and development occurring within any floodplain district shall be undertaken, only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Uniform Construction Code (UCC)[1] and Chapter 310, Subdivision and Land Development.
[Amended 11-6-2006 by Ord. No. 202]
[1]
Editor's Note: See Ch. 145, Construction Codes, Uniform.
B. 
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
C. 
Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the municipality, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams and Waterways Management. Further, notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development (DCED).
[Amended 11-6-2006 by Ord. No. 202; 1-16-2012 by Ord. No. 237]
(1) 
Floodway District. In the Floodway District, any new construction and/or development that would cause any increase in flood heights shall be prohibited.
(a) 
Permitted uses. In the Floodway District, the following open space uses are permitted, provided they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:
[1] 
Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
[2] 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.
[3] 
Accessory residential uses such as yard areas, gardens, play areas, and previous parking areas.
(b) 
Conditional uses. The following uses are permitted conditionally to the extent that they are not prohibited by any other section of this chapter or by any other ordinance and provided they meet the requirements of § 360-115 of this article.
[1] 
Sewage treatment plants.
[2] 
Sewage pumping stations.
[3] 
Sanitary sewers.
[4] 
Storm sewers.
(c) 
Prohibited uses. The following uses are specifically prohibited within the Floodway Zone:
[1] 
Structures (including but not limited to public and private hospitals, sanitariums, nursing or convalescent homes and jails or prisons).
[2] 
Sanitary landfills and dumps.
[3] 
Stockyards.
[4] 
Junkyards.
[5] 
Quarries and rock crushing operations.
[6] 
Asphalt, limestone and cement plants.
[7] 
Manufactured homes and manufactured home parks or subdivisions.
[Amended 11-16-2009 by Ord. No. 224]
(2) 
Zones A, AE and AH Floodplain Districts.
(a) 
Permitted uses. All uses are permitted which are permitted in the district in which the lot is located without consideration of this article, subject, however, to the provisions of § 360-115 of this article.
(b) 
Prohibited uses.
[1] 
Manufactured homes and manufactured home parks and subdivisions.
[Amended 11-16-2009 by Ord. No. 224]
[2] 
Public or private hospitals, sanitariums and nursing or convalescent homes.
[3] 
Jails or prisons.
[Amended 11-16-2009 by Ord. No. 224; 1-16-2012 by Ord. No. 237]
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 been first obtained from the Department of Environmental Protection regional office.
(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, the FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B. 
Technical or scientific data shall be submitted by the applicant to FEMA for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a conditional letter of map revision (CLOMR) are required are:
(1) 
Any development that causes a rise in the base flood elevation within the floodway; or
(2) 
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
(3) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
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 [see § 360-113B(1)], no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection regional office.
E. 
Elevation and floodproofing requirements.
(1) 
Residential structures.
(a) 
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.
(b) 
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 at or above the regulatory flood elevation determined in accordance with this article.
(c) 
The design and construction standards and specification contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405, as amended) shall be utilized.
(2) 
Nonresidential structures.
(a) 
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.
(b) 
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 at or above the regulatory flood elevation determined in accordance with this article.
(c) 
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 United States 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.
F. 
Space below the lowest floor. Enclosures below the lowest floor (including basement) are prohibited.
G. 
Fill. If fill is used, it shall:
(1) 
Extend laterally at least 15 feet beyond the building line from all points;
(2) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4) 
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator; and
(5) 
Be used to the extent to which it does not adversely affect adjacent properties.
H. 
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.
I. 
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 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) 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the International Private Sewage Disposal Code shall be utilized.
J. 
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.
K. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
L. 
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 § 360-115U, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
M. 
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.
N. 
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.
O. 
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.
P. 
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.
Q. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
R. 
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.
S. 
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.
T. 
Uniform Construction Code Coordination. The Standards and Specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and supplement the requirements of this article.
(1) 
International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
U. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Floodplain Management Act, 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:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products (gasoline, fuel oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulphur and sulphur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
(2) 
Within any floodway area, any structure of the kind described in § 360-115U(1), above, shall be prohibited.
(3) 
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 360-115U(1), above, shall be elevated, or in the case of a nonresidential structure, elevated or designed, and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation, and 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" (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
V. 
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
W. 
Special requirements for manufactured homes.
(1) 
Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
(a) 
Placed on a permanent foundation;
(b) 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation; and
(c) 
Anchored to resist flotation, collapse, or lateral movement.
(2) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 Pa. Code Chapter 401-405.
(3) 
Consideration shall be given to the installation requirements of the 2009 IBC and the 2009 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units' proposed installation.
X. 
Special requirements for recreational vehicles. Recreational vehicles in Zones A, A1-30, AH and AE must either:
(1) 
Be on the site for fewer than 180 consecutive days;
(2) 
Be fully licensed and ready for highway use; or
(3) 
Meet the permit requirements for manufactured homes in § 360-115V.
Y. 
Existing structures in identified floodplain areas.
(1) 
Existing structures. 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 § 360-115X(2) shall apply.
(2) 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area district that would cause any increase in BFE.
(b) 
No expansion or enlargement of an existing structure shall be allowed within the AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) 
Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of 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.
(d) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
Z. 
Variances.
(1) 
If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, Washington Township may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Washington Township in accordance with the procedures contained in § 360-116I and the following:
(a) 
No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
(b) 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(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 § 360-116J or to § 360-115U, Development which may endanger human life.
(d) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(e) 
In granting any variance, Washington Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this article.
(f) 
Whenever a variance is granted, Washington Township shall notify the applicant in writing that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variances may increase the risks to life and property.
(g) 
In reviewing any request for a variance, Washington Township shall consider, at a minimum, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will:
[a] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[b] 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local laws and regulations.
(2) 
A complete record of all variance requests and related actions shall be maintained by Washington Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(3) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
[Amended 1-16-2012 by Ord. No. 237]
A. 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by Washington Township. Such application shall contain the following:
(1) 
Name and address of applicant.
(2) 
Name and address of owner of land on which proposed construction is to occur.
(3) 
Name and address of contractor.
(4) 
Site location, including address.
(5) 
Listing of other permits required.
(6) 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
(7) 
A 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 Floodplain Administrator to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4) 
Structures will be anchored to prevent floatation, 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 Floodplain Administrator to make the above determination:
(1) 
A completed permit application form.
(2) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if available;
(c) 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(d) 
The location of all existing streets, drives, and other accessways; and
(e) 
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 2009 IBC or the 2009 IRC.
(4) 
The following data and documentation:
(a) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
(b) 
Detailed information concerning any proposed floodproofing measures and corresponding elevations;
(c) 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 360-113B(2)], when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point;
(d) 
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 flood proofing measures which have been incorporated into the design of the structure and/or the development;
(e) 
Detailed information needed to determine the compliance with § 360-115L and U, including:
[1] 
The amount, location and purpose of any materials or substances referred to in § 360-115L and U which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 360-115U during a base flood.
(f) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development"; and
(g) 
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.
(5) 
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
D. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Committee, municipal engineer, etc.) for review and comment.
[Amended 12-16-2019 by Ord. No. 271]
E. 
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
F. 
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit and the date of its issuance and be signed by the Floodplain Administrator.
G. 
Start of construction.
(1) 
Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit, or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. 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.
(2) 
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
H. 
Enforcement. Enforcement of this article shall be as set forth in Code § 360-126.
I. 
Appeals. Appeals for this article shall be as set forth in Code § 360-127.
J. 
Prohibited activities.
(1) 
The following activities shall be prohibited within any identified floodplain area:
(a) 
The commencement of any of the following activities; or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
[1] 
Hospitals.
[2] 
Nursing homes.
[3] 
Jails or prisons.
(b) 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.