Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
A. 
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1) 
Regulating uses, activities, and the development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2) 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
(3) 
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4) 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B. 
Applicability. These provisions shall apply to all lands within the jurisdiction of Upper Uwchlan Township and shown as being located within the boundaries of any identified flood hazard district, which are considered as a part of the Official Zoning Map.
C. 
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
D. 
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. 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 the identified flood hazard district, or that land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of Upper Uwchlan 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. 
Basis of flood hazard district.
[Amended 11-18-1996 by Ord. No. 96-06]
(1) 
The identified floodplain area shall be those areas of Upper Uwchlan Township, Chester County, which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated September 29, 2006, and the accompanying maps as prepared 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.
[Amended 9-18-2006 by Ord. No. 06-07]
(2) 
Description of floodplain areas.
(a) 
The identified floodplain area shall consist of the following specific areas:
[1] 
FW (Floodway Area). Identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
[2] 
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The Basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
[3] 
FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided.
(b) 
When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(c) 
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 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 Upper Uwchlan Township.
B. 
Overlay concept.
(1) 
The Flood Hazard District described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the Flood Hazard District shall serve as a supplement to the underlying district provisions.
(2) 
Where there happens to be any conflict between the provisions or requirements of any of the Flood Hazard Districts and those of any underlying district, the more restrictive provisions shall apply.
C. 
Zoning map. The boundaries of the Flood Hazard District are established as shown on the Official Zoning Map of the Township, which is declared to be a part of this article and which shall be kept at the Township offices.
D. 
District boundary changes. The delineation of any of the Flood Hazard Districts may be revised by the Township, where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a river basin commission, or other qualified agency or individual documents to the need or possibility for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Administration (FEMA).
[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07]
A. 
General provisions.
(1) 
All uses, activities, and development occurring within any Flood Hazard District shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Township Building Code,[1] Chapter 82, Floodplain Management, and Chapter 162, Subdivision and Land Development.
[Amended 2-20-2018 by Ord. No. 2018-02]
[1]
Editor's Note: See Ch. 71, Construction Codes, Uniform.
(2) 
Prior to the issuance of any permit in the Flood Hazard District, the floodplain administrator shall ensure compliance with Chapter 82, Floodplain Management.
[Amended 2-20-2018 by Ord. No. 2018-02]
(3) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(3), regarding permit application review, as amended, was repealed 2-20-2018 by Ord. No. 2018-02.
(4) 
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.
(5) 
Prior to any encroachment proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Protection, Regional Office. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the FEMA and the Department of Community and Economic Development.
[Amended 9-18-2006 by Ord. No. 06-07]
B. 
General Flood Hazard District. All new construction, development, and substantial improvement that would cause any increase in the base flood elevation shall be prohibited in any area designated as a floodway by the applicant or by the Federal Emergency Management Agency (FEMA).
[Amended 11-18-1996 by Ord. No. 96-06]
(1) 
Permitted uses. In the Flood Hazard District, the following uses and activities 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:
(a) 
Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b) 
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.
(c) 
Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas.
(d) 
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(2) 
Uses permitted by special exception. The following uses and activities may be permitted by special exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(a) 
Structures, except for manufactured homes, accessory to the uses and activities in Subsection B(1), above.
(b) 
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
(c) 
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(d) 
Extraction of sand, gravel, and other materials.
(e) 
Temporary uses such as circuses, carnivals, and similar activities.
C. 
General standards.
(1) 
Within any Flood Hazard District area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, except as permitted within this Article XIII.
[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07; 2-20-2018 by Ord. No. 2018-02]
(2) 
Where permitted within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation.
(3) 
Where permitted within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation or be floodproofed up to that height.
(4) 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least one and one half feet above the one-hundred-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), 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.
(5) 
Space below the lowest floor.
[Added 11-18-1996 by Ord. No. 96-06]
(a) 
Fully enclosed space below the lowest floor (including basement) is prohibited.
(b) 
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit floodwaters.
D. 
Design and construction standards. The following minimum standards shall apply for all uses or structures permitted by special exception or variance proposed within any identified floodplain area:
(1) 
Fill. 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, unless substantiated data, justifying steeper slopes are submitted to and approved by the Floodplain Administrator.
[Amended 2-20-2018 by Ord. No. 2018-02]
(e) 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
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.
(3) 
Water and sanitary sewer facilities and systems.
(a) 
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.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
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) 
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.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
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 § 200-56A, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
[Amended 11-18-1996 by Ord. No. 96-06; 1-17-2006 by Ord. No. 06-01]
(7) 
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.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
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.
(9) 
Floors, walls and ceilings.
(a) 
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.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(c) 
Walls and ceilings at or below the regulatory flood elevations shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or water-resistant paint or other finishing material.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13) 
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.
E. 
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 chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
[Added 9-18-2006 by Ord. No. 06-07]
(1) 
International Building Code (IBC) 2003 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2003 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
A. 
Development which may endanger human life. In accordance with the Pennsylvania Flood Plain 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 materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances on the premises, shall not be permitted within a Flood Hazard District:
(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) 
Sulphur and sulphur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
B. 
Within any Flood Hazard District, if any structure of the kind descried in Subsection A, above, shall exist, if shall only be expanded by a variance and then under the conditions of Subsection C.
C. 
.Any structure built in the Flood Hazard District shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood, and designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. Any such structure, or part thereof that will be built below the regulatory flood elevation, shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication, "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
D. 
Activities requiring special permits. In accordance with the Pennsylvania Flood Plain Management Act (Act 166) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted only by a variance, if located partially or entirely within or immediately adjacent to the Flood Hazard District:
(1) 
Hospitals, public or private;
(2) 
Nursing homes, public or private;
(3) 
Jails;
(4) 
New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
E. 
Variance application requirements and procedures in accordance with the provisions of Article XX, Zoning Hearing Board.
F. 
Technical requirements for development requiring a variance:
(1) 
In addition to any other applicable requirements, the following provisions shall apply to any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply.
(a) 
No application for a variance 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 one-hundred-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
[b] 
The lowest floor elevation will be at least 1 1/2 feet above the one-hundred-year 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 one-hundred-year flood.
[2] 
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(b) 
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.
(2) 
Application requirements for variance. Applicants for special permits shall provide five copies of the following items:
(a) 
A written request including a completed building 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 National Geodetic Vertical Datum of 1929, 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, drives, 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 one-hundred-year flood elevations, and information concerning the flow of water, including direction and velocities.
[7] 
The location of all proposed buildings, structures, utilities and any other improvements.
[8] 
Any other information which the Zoning Officer 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 one-hundred-year flood.
[4] 
Detailed information concerning any proposed floodproofing measures.
[5] 
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.
[6] 
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.
[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 one-hundred-year 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 one-hundred-year 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 effect the proposed development will have on one-hundred-year flood elevations 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 one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows.
[6] 
The appropriate component of the Department of Environmental Protection "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.
[8] 
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166.
[9] 
An excavation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
(3) 
Application review procedures. Upon receipt of an application for a variance by the Zoning Officer, the following procedures shall apply in addition to those of Article XV of this chapter.
(a) 
Within three working days following the receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the municipal Planning Commission and the municipal Engineer for review and comment.
(b) 
If an application is received that is incomplete, the Zoning Hearing Board shall notify the applicant in writing, stating in what respect the application is deficient.
(c) 
If the Zoning Hearing Board decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(d) 
If the Zoning Hearing Board 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 Zoning Hearing Board shall allow the Department of Community and Economic Development 30 days after receipt of the notification by the Department, to review the application and decision made by the governing body.
(f) 
If the Zoning Hearing Board does not receive any communication from the Department of Community and Economic Development during the 30 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 governing body and the applicant, in writing, of the reasons for the disapproval, and the Zoning Hearing Board shall not issue the special permit.
G. 
Special requirements for manufactured homes.
(1) 
Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2) 
Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
(a) 
Placed on a permanent foundation.
(b) 
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(c) 
Anchored to resist flotation, collapse, or lateral movements by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Manufactured Homes Including Manufactured Home Park Requirements (NFPA No. 501A-1974) (ANSI A119.3-1975) as amended for Manufactured Homes in Hurricane Zones or other appropriate standards, such as the following:
[1] 
Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
[2] 
Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
[3] 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(3) 
Elevated in accordance with the following requirements:
(a) 
The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the manufactured home will be 1 1/2 feet or more above the elevation of the one-hundred-year flood.
[1] 
Adequate surface drainage is provided.
[2] 
Adequate access for a hauler is provided.
[3] 
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed instable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
H. 
An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township officials for manufactured home parks.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
A. 
No expansion or enlargement of an existing structure and/or use shall be allowed within any floodway, as determined by FEMA or by the applicant, that would cause any increase in flood heights.
B. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use 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. 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
D. 
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.
[Added 9-18-2006 by Ord. No. 06-07]
Additional factors to be considered:
A. 
Review factors. In passing upon applications for special exceptions, the Zoning Hearing Board shall consider all relevant factors and procedures specific in other sections of this chapter, and:
(1) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) 
The importance of the services provided by the proposed facility to the community.
(6) 
The requirements of the facility for a waterfront location.
(7) 
The availability of alternative locations not subject to flooding for the proposed use.
(8) 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) 
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10) 
The safety of access to the property in times of flood of ordinary and emergency vehicles.
(11) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(12) 
Such other factors which area relevant to the purposes of this article.
B. 
Supplemental technical review. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception to the Township Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
C. 
Conditions for approving special exceptions.
(1) 
Special exceptions shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
(a) 
Unacceptable or prohibited increases in flood heights.
(b) 
Additional threats to public safety.
(c) 
Extraordinary public expense.
(d) 
The creation of nuisances.
(e) 
Any fraud or victimization of the public.
(f) 
Any conflict with local laws or ordinances.
(2) 
No special exception shall be granted for any proposed use, development, or activity within any floodway, as determined by FEMA or by the applicant, that will cause any increase in flood heights.
A. 
General. If compliance with any of the requirements of this article would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief form the strict application of the requirements.
B. 
Variance procedures and requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(1) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(2) 
Except for a possible modification of the freeboard requirements involved, no other revisions or modifications shall be granted, specifically to development regulated by a variance (§ 200-56D) or to development which may endanger human life (§ 200-56A).
[Amended 11-18-1996 by Ord. No. 96-06]
(3) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(4) 
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.
(5) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variance may increase the risks to life and property.
(6) 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(7) 
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 or biennial report to the Federal Emergency Management Agency (FEMA).
[Amended 9-18-2006 by Ord. No. 06-07]
C. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
[Amended 11-18-1996 by Ord. No. 96-06]
A zoning permit shall be required for all construction and development, which includes but is not limited to, buildings or other structures, paving, filling, grading, excavation, mining, dredging, or drilling operations or the storage of materials and equipment.
A. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
[Amended 2-20-2018 by Ord. No. 2018-02]
(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.
B. 
Applicants shall file the following minimum information, plus any other pertinent information (e.g., any or all of the technical information contained in § 250-56F as may be required by the floodplain administrator to make the above determination:
[Amended 2-20-2018 by Ord. No. 2018-02]
(1) 
A completed building 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) 
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 all existing streets, drives and other accessways.
(f) 
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 National Geodetic Vertical Datum of 1929.
(b) 
The elevation of the one-hundred-year flood.
(c) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(d) 
Detailed information concerning any proposed floodproofing measures.
(4) 
The following data and documentation:
(a) 
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 one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(b) 
Detailed information needed to determine compliance with § 200-55D(6), Storage, and § 200-56A, Development which may endanger human life, including:
[Amended 11-18-1996 by Ord. No. 96-06]
[1] 
The amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on the 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 § 200-56A during a one-hundred-year flood.
(c) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(d) 
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.