[Amended 8-11-2015 by Ord. No. 1558[1]]
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 and to ensure the prospective compliance
with Section 60.3(d) of the National Flood Insurance Program, as well
as the requirements of Act 1978-166, the Pennsylvania Floodplain Management
Act (See 32 P.S. § 679.101 et seq.), and the regulations
adopted by the Pennsylvania Department of Community and Economic Development
pursuant to the Act by:
A.
Regulating uses, activities and 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.
B.
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
C.
Requiring all those uses, activities and developments that do occur
in flood hazard and flood-prone areas to be protected and/or floodproofed
against flooding and flood damage.
D.
Requiring that uses vulnerable to floods and located in flood hazard
areas, including public facilities, be protected and/or constructed
using floodproofing measures so as to be protected against flood damage,
and requiring that each lot in a Flood Hazard District be provided
with a safe building site with adequate access.
E.
Preserving the integrity of stream banks and their immediate vicinity
from erosion and degradation of natural vegetation.
F.
Protecting the quality of surface and subsurface water supplies adjacent
to and underlying flood hazard areas.
G.
Providing areas for the deposition of flood-borne sediment.
H.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
I.
Requiring that where uses are permitted by grant of special exception
or variance, notice be given to prospective purchasers and/or lessees
that land under agreement of sale or to be placed under such agreement
or under lease or to be leased is designated as lying either totally
or partially within the flood hazard area and/or the flood-prone area.
J.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
K.
Minimize danger to public health by protecting water supply and natural
drainage.
A.
Flood hazard areas.
(1)
Losses resulting from periodic flooding. The flood hazard areas of
Springfield Township are subject to periodic inundation which could
result or has resulted in loss of property and damage to structures
and may result in loss of life, injury to people, disruption of public
and private activities and services, burdensome public expenditures
for flood protection and relief and impairment of the tax base, all
of which do or may adversely affect the public health, safety and
general welfare.
B.
Flood-prone areas. The flood-prone areas of Springfield Township
consist of the following features and conditions:
A.
In accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Pennsylvania Department
of Community and Economic Development as required by the Act, any
new or substantially improved structures 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 of more than 550 gallons or other comparable volume of any
of the following materials or will involve the production, storage,
or use of any amount of radioactive substances shall prohibited. No
variance shall be granted. The following list of materials and substances
are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
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.
In accordance with the Pennsylvania Floodplain Management Act (Act 1978-166) (See 32 P.S. § 679.101 et seq.) and regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, as may be amended, the following obstructions and activities shall be prohibited if located partially or entirely within any flood hazard area as hereinafter set forth, whenever the district being overlain permits such uses, subject to the provisions of § 143-86. No variance shall be granted:
A.
Applicability. These provisions shall apply to all lands within the jurisdiction of Springfield Township, Delaware County, identified as the Flood Hazard District, as defined by § 143-83, an overlay to the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Compliance. No development shall hereafter take place 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 with any other applicable article,
ordinance, regulation or code. Prior to issuance of any zoning or
building permits, Township officials shall review the application
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 (Act 1937-394, as
amended[4]); and the United States Clean Water Act, Section 404,
33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
C.
Warning and disclaimer of liability.
(1)
The Board of Commissioners finds that the degree of flood protection
sought by the provisions of this article is reasonable for regulatory
purposes and is based on acceptable engineering methods of study.
However, 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 Flood Hazard Districts or that land uses permitted
within such districts will be free from flooding or flood damages.
(2)
This article shall not create liability on the part of the Township
of Springfield, Delaware County, or any officer or employee thereof
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
D.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate or impair any existing zoning or subdivision regulations,
easements, covenants or deed restrictions, except that where this
article imposes greater restrictions, its provisions shall prevail.
E.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this Ordinance shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the Ordinance, which shall remain in full force and effect, and
for this purpose the provisions of this Ordinance are hereby declared
to be severable.
A.
Boundaries of district. All areas within the Township that are subject
to inundation by waters of the one-hundred-year flood and all flood-prone
areas as hereinafter defined are hereby placed in the Flood Hazard
District.
B.
Establishment of boundaries and relevant flood elevation. Any areas
classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance
Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs)
dated November 18, 2009 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.
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Township and declared part
of this ordinance.
Said boundaries are comprised as follows:
(1)
The Floodway Area 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 (1) foot at
any point. This term shall also include floodway areas which have
been identified in other available studies or sources of information
for those Special Flood Hazard Areas where no floodway has been identified
in the FIS.
(a)
Within any floodway area, encroachments, including fill, new
construction, substantial improvements, or other development shall
not 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)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The AE Area adjacent to the floodway (also referred as Flood-Fringe)
shall be those areas identified as an AE Zone on the FIRM included
in the FIS prepared by FEMA for which base flood elevations have been
provided and a floodway has been delineated.
(3)
The A Area shall be those areas identified as an A Zone on the FIRM
included in the FIS prepared by FEMA and for which no one-percent
annual chance flood elevations have been provided. For these areas,
elevation and floodway information from other Federal, State, or other
acceptable sources shall be used when available. Where other acceptable
information is not available, the base flood elevation shall be determined
by using the elevation of a point on the boundary of the identified
floodplain area which is nearest the construction site.
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality.
(4)
Flood-prone area.
(a)
Flood-prone areas shall include soils subject to flooding and
soils subject to localized flooding as documented and mapped in the
Soil Survey of Chester and Delaware Counties, 1963, by the United
States Department of Agriculture, Natural Resources Conservation Service,
or the most recent edition thereof. Within Springfield Township, such
areas are comprised by the following soil types:
(b)
Areas inundated by the five-hundred-year flood.
(c)
Flood-prone areas shall also include an area of 50 feet measured
as a setback landward from the top of bank from any watercourse, pond,
lake or other water body.
C.
Overlay concept. The Flood Hazard District shall apply as an overlay
to the existing underlying zoning districts as shown on the Zoning
Map,[1] and the provisions of the existing districts and the Flood
Hazard District shall control as follows:
(1)
In case of any conflict between the provisions of the existing underlying
zoning districts and of the Flood Hazard District, the more restrictive
provisions shall apply.
(2)
In case any provision of the Flood Hazard District is declared inapplicable
by judicial or administrative action, the existing underlying zoning
district provisions shall continue to be applicable.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
D.
Interpretation of district boundaries. The initial interpretation of the boundaries of the Flood Hazard District and relevant flood elevations shall be made by the Code Enforcement Officer. If a dispute arises concerning the boundaries or the relevant flood elevations, an appeal may be taken to the Zoning Hearing Board as set forth in § 143-85 and in Article XX.
E.
District boundary changes. The identified Flood Plain Area may be
revised or modified by the Board of Commissioners where studies or
information provided by a qualified agency or person documents the
need for such revision. However, prior to any such change to the Special
Flood Hazard Area, approval must be obtained from FEMA. Additionally,
as soon as practicable, but not later than six (6) months after the
date such information becomes available, a community shall notify
FEMA of the changes to the Special Flood Hazard Area by submitting
technical or scientific data.
F.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Code
Enforcement Officer and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
G.
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 CFR 44 60.3.
A.
General provisions for development and uses.
(1)
All uses and development occurring in the Flood Hazard District may
be conducted only in strict compliance with the provisions of this
chapter and all other applicable codes and ordinances of the Township,
such as the Building Code[1] and Chapter 123, Subdivision and Land Development, of the Code of the Township of Springfield.
(2)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Township of Springfield unless a Permit has been
obtained from the Floodplain Administrator.
(3)
No use or development shall adversely affect the capacity of the
channels or floodways of any watercourse, drainage ditch or any other
drainage facility or system.
(4)
Prior to any proposed alteration or relocation of any stream, watercourse
and the like, a permit shall be obtained from the Pennsylvania Department
of Environmental Protection. Further, notification of the proposal
shall be given to all affected adjacent municipalities. Copies of
such notifications shall be forwarded to both the Federal Emergency
Management Agency and the Pennsylvania Department of Community and
Economic Development.
B.
Floodway.
(1)
Permitted uses. In the floodway areas the following uses are permitted,
provided that they are in compliance with the provisions of the underlying
zoning district and are not prohibited by any other ordinance of the
Township, and provided that they do not require structures, fill or
storage of materials and equipment:
(a)
Agriculture 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)
Three-fourths of the front, side or rear yard setbacks provided
by the location of buildings on any lot or tract in any district contiguous
to flood hazard areas.
(d)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Regional Office.
(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 (exclusive of buildings) and parking 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, detention ponds and other similar or related uses.
(c)
Water-related uses and activities, such as marinas, docks, wharves,
piers and the like.
(d)
Extraction of sand, gravel and other materials.
(e)
Temporary uses, such as circuses, carnivals and similar activities.
(f)
Storage of materials and equipment, provided that they are not
toxic, buoyant, flammable or explosive and are not subject to major
damage by flooding, or provided that such material and equipment is
firmly anchored to prevent flotation or movement and/or can be readily
removed from the area within the time available after flood warning.
(g)
Other similar uses and activities, provided that they cause
no increase in flood heights and/or velocities. All uses, activities
and structural developments shall be undertaken in strict compliance
with the floodproofing provisions contained in all other applicable
codes and ordinances.
(h)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Regional Office.
C.
Flood-fringe area. In the AE Area, the development and/or use of
land shall be undertaken in strict compliance with the floodproofing
and related provisions contained in this article and all other applicable
regulations, codes, ordinances and the like.
(2)
Uses by special exception.
(a)
All uses permitted in Subsection B(2) of this section, provided no building shall be located within 25 feet from the boundary of any flood-fringe area.
(b)
Any such non-residential 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 may be amended) or with
some other equivalent watertight standard.
D.
E.
Existing structures in the floodplain. A structure or use of a structure
or premises which lawfully existed within the Flood Hazard District
before the enactment of these provisions but which is not in conformity
with the provisions of this chapter may be continued, subject to the
following conditions:
(1)
No modification, alteration, repair or reconstruction of an existing
structure shall be made in or extended into the floodway portion of
the Flood Hazard District unless the effect of the proposed development
on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, repair, reconstruction or improvement
of any kind to a structure and/or use located in a Flood Hazard District
to an extent or amount of less than 50% of its market value shall
be elevated and/or floodproofed to the greatest extent practicable.
(3)
The modification, alteration, repair, reconstruction or improvement
of any kind to a structure and/or use, regardless of its location
in a Flood Hazard District, to an extent or amount of 50% or more
of its market value shall be undertaken only in full compliance with
the provisions of this chapter and any other applicable ordinance.
(4)
Uses or adjuncts thereof which are or become nuisances shall not
be permitted to continue.
F.
Alteration of Relocation of Watercourse.
(1)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection 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, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
G.
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 (6) 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:
H.
Any new construction, development, used or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this Ordinance and any other applicable
codes, ordinances and regulations.
I.
Within any identified flood plain area, no new construction or development
shall be located within the area measured fifty (50) feet landward
from the top-of-bank of any watercourse, unless a permit is obtained
from the Department of Environmental Protection Regional Office.
A.
Standards and criteria. Appeals to the Zoning Hearing Board with respect to the provisions of this article shall be governed by the terms of Article IX, Sections 910.2 and 912.1, of the Pennsylvania Municipalities Planning Code[1] (Act of 1968, P.L. 805, No. 247, as reenacted and amended), the provisions of Article XIX and provisions of this section. In the case of an application for a special exception or a variance, the Board shall consider the following standards and criteria, where appropriate, and the applicant shall have the burden of proving that they can be satisfied:
(1)
The danger of life and property due to increased flood heights or
velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development or activity that
will cause any increase in flood levels during the one-hundred-year
flood.
(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 for 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 are relevant to the purposes of this
chapter.
[1]
Editor's Note: See 53 P.S. §§ 10910.2 and 10912.1.
B.
Procedure.
(1)
Upon receiving an application for an appeal, a special exception
or a variance hereunder, the Zoning Hearing Board shall require the
applicant, at the applicant's expense, to furnish the following materials
and information as the Township Engineer shall deem necessary for
a complete consideration of the matter by the Board:
(a)
Plans, in triplicate, drawn to scale, showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses.
(b)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988.
(c)
The elevation of the one-hundred-year flood.
(d)
Photographs showing existing uses and vegetation.
(e)
A report describing the soil type or types on the lot and associated
soil characteristics and other pertinent information with respect
thereto.
(f)
A series of cross sections at such intervals as the Township
Engineer may deem necessary along the lot shoreline, showing the stream
channel or the lake or pond bottom, elevation of adjoining land areas
to be occupied by the proposed uses and high-water information.
(g)
Profile showing the slope of the bottom of the channel, watercourse,
lake or pond.
(h)
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, landscaping, storage, water supply and
sanitary facilities.
(i)
Computation of the increase, if any, in the height of flood
stages which would be attributable to any proposed uses or changes.
If available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred-year
flood.
(j)
Computation of the increase, if any, in the runoff from the
one-hundred-year frequency, twenty-four-hour-duration storm attributable
to any proposed uses.
(k)
Detailed information concerning any proposed floodproofing measures.
(2)
In consideration of any application for a special exception or variance,
the Zoning Hearing Board may, before a hearing, request reports from
the Springfield Township Planning Commission, the Delaware County
Planning Department and the Township Engineer concerning the extent
to which the proposed use would diminish the capacity of the floodplain
to store and absorb floodwaters, to moderate flood velocities and
to accommodate sediment; be subject to flood damage; and cause erosion
and impair the amenity of the Flood Hazard District. All written reports
submitted to the Zoning Hearing Board in advance of or at the hearing
shall be made available for inspection at the hearing by any party
thereto. In reviewing any request for a variance or special exception,
the Zoning Hearing Board shall consider, at a minimum, the following:
(3)
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in:
(4)
No variance or special exception 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.
(5)
No variance or special exception shall be granted for any construction,
development, use, or activity within any flood-fringe or flood-prone
area that would, together with all other existing and anticipated
development, increase the one-hundred-year-flood elevation at any
point.
(6)
If granted, a variance or special exception shall involve only the
least modification necessary to provide relief.
(7)
A complete record of all variance requests and special exceptions
shall be maintained by Springfield Township. In addition, a report
of all variances or special exceptions granted during the year shall
be included in the annual report to the Federal Emergency Management
Agency.
C.
Conditions.
(1)
Upon consideration of the purposes of this article, the Zoning Hearing
Board shall attach such conditions and safeguards to the granting
of a special exception or a variance as it deems necessary. The following
conditions may be included, where applicable, without limitation because
of special enumeration:
(a)
Modification of waste disposal and water supply facilities.
(b)
Imposition of operational controls, sureties and deed restrictions.
(c)
Limitations on periods of use and operation.
(d)
Floodproofing measures, such as the following:
[1]
Anchorage to resist flotation, collapse or lateral movement
of any structure.
[2]
Installation of watertight doors, bulkheads and shutters.
[3]
Reinforcement of walls to resist water pressures.
[4]
Use of paints, membranes or mortars to reduce seepage of water
through walls.
[5]
Addition of mass or weight to structures to resist flotation.
[6]
Installation of pumps to lower water levels in structures.
[7]
Construction of water supply and waste treatment systems so
as to prevent the entrance of floodwaters.
[8]
Pumping facilities for subsurface external foundation wall and
basement floor pressures.
[9]
Construction to resist rupture or collapse caused by water pressure
or floating debris.
[10]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
[11]
Elevation of structures to reduce the likelihood
of flood damage.
(2)
Whenever a variance or special exception is granted, the Zoning Hearing
Board shall notify the applicant in writing that:
D.
Prospective sale. In any case where the Zoning Hearing Board shall
grant a special exception or a variance to permit the erection of
a structure in the Flood Hazard District, and it shall appear that
such premises is to be offered for sale or lease, or the Board grants
a special exception or a variance to permit a change in nonconforming
use of a structure already existing in the Flood Hazard District,
and it shall appear that the premises is to be offered for sale or
lease, it shall, for the protection of prospective purchasers and
lessees, impose the following conditions:
(1)
Require the applicant to advise prospective purchasers and or lessees
that the lot is located either entirely or partially, as the case
may be, in the Flood Hazard District (in the flood hazard area and/or
the flood-prone area).
(2)
Require that, before settlement or change in nonconforming use, as
the case may be, the purchaser or lessee shall signify, in writing,
that he/she has been advised that the premises lies partially or entirely
in the Flood Hazard District, and a signed copy of such signification
shall be delivered to the Township.
(3)
Where the premises is to be conveyed, the deed shall contain the
following provision:
"This lot is entirely (partially) within the Flood Hazard District as defined by the Flood Hazard District provisions of Chapter 143, Zoning, of the Code of the Township of Springfield, Delaware County, Pennsylvania."
A.
Residential structures.
(1)
In AE Zones, any new construction or substantial improvement shall
have the lowest floor elevated up to, or above, the regulatory flood
elevation.
(2)
In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation determined in accordance with Section 143-83B(3) of this ordinance.
(3)
In AO Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
B.
Nonresidential structures.
(1)
In AE Zones, any new construction or substantial improvement of a
non-residential structure shall have the lowest floor elevated up
to, or above, the regulatory flood elevation, or be designed and constructed
so that the space enclosed below the regulatory flood elevation:
(2)
In A Zones, where no Base Flood Elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed up to, or above the regulatory flood elevation determined in accordance with Section 143-83B(3) of this ordinance.
(3)
Any non-residential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended 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.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
C.
Fully enclosed space below the lowest floor (including basement)
shall be prohibited.
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 one-hundred-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.
E.
Historic Structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
ordinance, must comply with all ordinance requirements that do not
preclude the structure's continued designation as a historic structure.
Documentation that a specific ordinance requirement will cause removal
of the structure from the National Register of Historic Places or
the State Inventory of Historic places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from ordinance requirements will be the minimum necessary to preserve
the historic character and design of the structure.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
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 sloper 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.
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.
D.
Other utilities. All other utilities, such as gaslines and electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life and not listed in § 143-80, 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.
(3)
The design and construction requirements of the UCC pertaining
to this subsection and contained in ASCE 24-98, or most recent edition,
shall be utilized.
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.
(5)
The provisions of the UCC, as amended, pertaining to this subsection
and contained in ASCE 24-98, or most recent edition thereof, shall
be utilized.
J.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of a 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.
(4)
The standards and specifications contained in the UCC, as amended,
shall be utilized.
K.
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.
(3)
The provisions pertaining to the above provisions and referenced
in the UCC, as amended, and contained in ASCE 24-98, or the most recent
edition thereof, shall be utilized.
L.
Equipment.
(1)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(2)
The provisions pertaining to the above provision and referenced
in the UCC, as amended, and contained in ASCE 24-98 shall be utilized.
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.
Reasonably safe from flooding. 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, and adequate
drainage is provided so as to reduce exposure to flood hazards.
The standards and specifications contained in 34 Pa. Code, Chapters
401 through 405, as amended, and not limited to the following provisions,
shall apply for all construction within the Flood Hazard District
to the extent that they are more restrictive and/or supplement the
requirements of this chapter:
A.
International Building Code (IBC) 2009, or the latest edition thereof:
Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
B.
International Residential Building Code (IRC) 2009, or the latest
edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
C.
International Existing Building Code 2003, or the latest edition
thereof.
D.
International Fuel Gas Code 2003, or the latest edition thereof.
E.
International Mechanical Code 2003, or the latest edition thereof.
F.
International Plumbing Code 2003, or the latest edition thereof.
G.
International Private Sewage Code 2003, or the latest edition thereof.
A.
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.
A.
Within any floodplain area, manufactured homes shall be prohibited.
No variance shall be granted.
