The intent of this article is to promote the general health, welfare, and safety of the community, and to prevent the following: 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:
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-prone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
E. 
Complying with federal and state floodplain management requirements.
A. 
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 articles and regulations which apply to uses within the jurisdiction of this article.
B. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Bristol Township unless a building permit has been obtained from the Department of Licenses and Inspections.
C. 
A building permit shall not be required for minor repairs to existing buildings or structures.
This article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other article provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
A. 
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
B. 
This article shall not create liability on the part of Bristol 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. 
General. Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application.
B. 
Specific definitions. As used in this article, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this article as being inundated by the 100-year flood.
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(2) 
A subdivision of land.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. The term includes "mobilehome" as defined in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247 as reenacted and amended).[1]
MANUFACTURED HOME PARK
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use. The term includes "mobilehome park" as defined in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247 as reenacted and amended).
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after May 18, 1999, and includes any subsequent improvements thereto.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e. that has 1% chance of occurring each year, although the flood may occur in any year).
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
RECREATIONAL VEHICLE
A vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
[1]
Editor's Note: See 53 P.S. § 10107.
A. 
Building permits required. Building permits shall be required before any construction or development is undertaken within any area of Bristol Township.
B. 
Issuance of building permit.
(1) 
The Department of Licenses and Inspections shall issue a building 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 articles.
(2) 
Prior to the issuance of any building permit, the Department of Licenses and Inspections 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); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. (Sewage Facilities Act); 32 P.S..§693.1 et seq. (Dam Safety and Encroachments Act); 35 P.S. § 691.1 et seq. (Clean Streams Law).
(3) 
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 Bristol Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, shall be notified by Bristol Township prior to any alteration or relocation of any watercourse.
C. 
Application procedures and requirements.
(1) 
Application for such a building permit shall be made, in writing, to the Department of Licenses and Inspections on forms supplied by Bristol Township. Such application shall contain the following:
(a) 
Name and address of applicant.
(b) 
Name and address of owner of land on which proposed construction is to occur.
(c) 
Name and address of contractor.
(d) 
Site location.
(e) 
Listing of other permits required.
(f) 
Brief description of proposed work and estimated cost.
(g) 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2) 
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 Department of Licenses and Inspections to determine that:
(a) 
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 articles;
(b) 
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(3) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Department of Licenses and Inspections to make the above determination:
(a) 
A completed building permit application form.
(b) 
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] 
Topographic contour lines, if available;
[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 and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
[5] 
The location of all existing streets, drives, and other accessways; and
[6] 
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.
(c) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[1] 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
[2] 
The elevation of the 100-year flood;
[3] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood; and
[4] 
Detailed information concerning any proposed floodproofing measures.
(d) 
The following data and documentation:
[1] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
[2] 
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 100-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.
[3] 
Detailed information needed to determine compliance with § 205-l00F, Storage, and § 205-101, Development which may endanger human life, including:
[a] 
The amount, location and purpose of any materials or substances referred to in §§ 205-l00F and 205-101 which are intended to be used, produced, stored or otherwise maintained on site.
[b] 
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 § 205-101 during a 100-year flood.
[4] 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[5] 
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.
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Department of Licenses and Inspections to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Department of Licenses and Inspections for possible incorporation into the proposed plan.
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 Department of Licenses and Inspections to any other appropriate agencies and/or individuals (e.g. Planning Commission, Municipal Engineer, etc.) for review and comment.
After the issuance of a building permit by the Department of Licenses and Inspections, 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 Department of Licenses and Inspections. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Department of Licenses and Inspections for consideration.
In addition to the building permit, the Department of Licenses and Inspections 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 building permit, the date of its issuance and be signed by the Director of the Department of Licenses and Inspections.
A. 
Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Department of Licenses and Inspections. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
B. 
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Department of Licenses and Inspections to approve such a request.
A. 
During the construction period, the Director of the Department of Licenses and Inspections 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 articles. He shall make as many inspections during and upon completion of the work as are necessary.
B. 
In the discharge of his duties, the Director of the Department of Licenses and Inspections shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article.
C. 
In the event the Director of the Department of Licenses and Inspections discovers that the work does not comply with the permit application or any applicable laws and articles, or that there has been a false statement or misrepresentation by any applicant, the Department of Licenses and Inspections shall revoke the building permit and report such fact to the Township Council for whatever action it considers necessary.
D. 
A record of all such inspections and violations of this article shall be maintained.
Applications for a building permit shall be accompanied by a fee, payable to the Township. The building permit fee shall be as determined by the Bristol Township building permit fee schedule.[1]
[1]
Editor's Note: See Ch. 84, Construction Codes, Uniform.
A. 
Notices. Whenever the Director of the Department of Licenses and Inspections or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, or of any regulations adopted pursuant thereto, the authorized municipal representative shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(4) 
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(5) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
B. 
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the Department of Licenses and Inspections or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to Bristol Township of not less than $25 nor more than $600 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by Bristol Township to be a public nuisance and abatable as such.
A. 
Any person aggrieved by any action or decision of the Department of Licenses and Inspections concerning the administration of the provisions of this article, may appeal to the Township Council. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Department of Licenses and Inspections.
B. 
Upon receipt of such appeal the Township Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.
C. 
Any person aggrieved by any decision of the Township Council may seek relief therefrom by appeal to court, as provided by the laws of this commonwealth including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A. 
Identification. The identified floodplain area shall be those areas of Bristol Township, which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated June 2, 1992, and the accompanying maps prepared for Bristol Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
B. 
Description of floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1) 
FW (Floodway Area): the areas 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 100-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 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(3) 
FE (Special Floodplain Area): the areas identified as Zone AE in the Flood Insurance Study, where 100-year flood elevations have been provided, but no floodway has been delineated.
(4) 
FA (General Floodplain Area):
(a) 
The areas identified as Zone A in the Flood Insurance Study for which no 100-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area, if possible. When no other information is available, the 100-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.
(b) 
In lieu of the above, the applicant may 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 through technical review by Bristol Township.
C. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Township Council 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 Federal Insurance Administration (FIA).
D. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Bristol Township Planning Commission, and any party aggrieved by this decision or determination may appeal to the Township Council. The burden of proof shall be on the appellant.
[Amended 6-17-2004 by Ord. No. 2004-04]
A. 
General.
(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, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
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, articles and regulations. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels of floodways of any watercourse, drainage ditch, or any other drainage facility or system.
B. 
Special requirements for FW, FE, and FA areas.
(1) 
Within any FW (Floodway Area), the following provisions apply:
(a) 
Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
(b) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(c) 
The following uses and activities are permitted in the FW District, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other article 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 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 pervious parking.
[4] 
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, and airport land strips.
(d) 
The following uses and activities may be permitted as conditional uses, upon petition to and approval by the Township Council, provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other article, and are undertaken in strict compliance with the provisions contained in this and all other applicable codes and articles:
[1] 
Structures, except for mobile homes, accessory to the uses and activities in Subsection B(1)(c) above.
[2] 
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses.
[3] 
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
[4] 
Temporary uses such as circuses, carnivals, and similar activities.
[5] 
Storage of materials and equipment, provided that they are not 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.
[6] 
Other similar uses and activities provided they cause not increase in flood heights and/or velocities.
(2) 
Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
(3) 
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:
(a) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, with the exception that a marina residential development may have new construction or development located within the area measured 50 feet landward from the existing top-of-bank of any watercourse if such new construction or development is approved by all governmental agencies having jurisdiction over construction or development within floodplain areas including, but not by way of limitation, the Pennsylvania Department of Environmental Protection, Bucks Conservation District, Federal Emergency Management Agency, and the Bristol Township Engineer.
(b) 
Any new construction or development, which would cause any increase in flood heights shall be prohibited within any floodway area.
(c) 
The development or use of the land shall be permitted in accordance with the regulations of the underlying zoning district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and articles.
A. 
Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated to a minimum of 1 1/2 feet above the regulatory flood elevation.
B. 
Nonresidential structures.
(1) 
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated to a minimum of 1 1/2 feet above the regulatory flood elevation.
(2) 
Any existing nonresidential structure, or part thereof, for which modification or expansion is proposed, having a lowest floor which is not elevated to at least 1 1/2 feet above the 100-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the WI 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 most recently amended). All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
C. 
Space below the lowest floor.
(1) 
Fully enclosed space below the lowest floor (including basement) is prohibited.
(2) 
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must be certified by a registered professional engineer or architect, to meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
D. 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(1) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2) 
Floor area shall not exceed 600 square feet.
(3) 
The structure will have a low damage potential.
(4) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5) 
Power lines, wiring, and outlets will be at least 1 1/2 feet above the 100-year flood elevation.
(6) 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
(7) 
Sanitary facilities are prohibited.
(8) 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
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 three horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Department of Licenses and Inspections; 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 conveyance systems.
(1) 
All new or replacement water and sanitary sewer conveyance systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) 
Sanitary sewer conveyance 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.
D. 
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated 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 § 205-101, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the 100-year flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
A. 
Structures for storage of dangerous substances.
(1) 
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 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.
(2) 
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) 
Sulfur and sulfur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
B. 
Within any FW (Floodway Area), any structure of the kind described in Subsection A above shall be prohibited.
C. 
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), any structure of the kind described in Subsection A above may be permitted as a conditional use, upon petition to and approval by the Township Council, provided that they are in compliance with the provisions of the underlying district, are not prohibited by any other article, and are undertaken in strict compliance with the floodproofing provisions contained in this and all other applicable codes and articles.
D. 
Where permitted by conditional use approval within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood; and designed to prevent pollution from the structure or activity during the course of a 100-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 as most recently amended), or with some other equivalent watertight standard.
A. 
Within any FW (Floodway Area), manufactured homes shall be prohibited.
B. 
Within any FA (General Floodplain Area) or FE (Special Floodplain Area), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C. 
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1) 
Placed on a permanent foundation;
(2) 
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the 100-year flood;
(3) 
Anchored to resist flotation, collapse, or lateral movement.
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 is prohibited:
A. 
Hospitals
B. 
Nursing homes
C. 
Jails or prisons.
A. 
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 Subsection B of this section shall apply.
B. 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1) 
No expansion or enlargement of an existing structure shall be allowed within any FE area floodway area that would cause any increase in the elevation of the 100-year flood.
(2) 
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the 100-year flood elevation more than six inches at any point.
(3) 
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.
(4) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
A. 
General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
B. 
Variance procedures and conditions.
(1) 
Requests for variances shall be considered by the Bristol Township Zoning Hearing Board in accordance with the procedures contained in § 205-96 and the following:
(a) 
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the 100-year flood elevation.
(b) 
No variance shall be granted for any construction, development, use, or activity within any FE area that would, together with all other existing and anticipated development, increase the 100-year flood elevation more than six inches at any point.
(c) 
Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§ 205-101).
(d) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(e) 
In granting any variance, the Bristol Township 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.
(f) 
Whenever a variance is granted, Bristol 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, the Zoning Hearing Board shall consider, at a minimum, the following:
[1] 
That there is good and sufficient cause.
[2] 
The danger that materials may be swept from the site 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 alternative locations not subject to flooding for the proposed use.
[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 for ordinary or emergency vehicles in times of flooding.
[11] 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
[12] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[13] 
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local articles and regulations.
(h) 
A complete record of all variance requests and related actions shall be maintained by Bristol Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(2) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.