The subdivision or land development of a lot in the Historic District Overlay shall be accomplished in such a manner that the resulting lot is large enough to preserve the integrity of the historic setting of any historic resource. A goal of the Township is to preserve outbuildings, significant site features and immediate yard areas significant to the resources on the lot with the resource.

The size and configuration of the subdivided lot shall depend upon the nature of the historic resource and the natural characteristics and the landscaping of the subdivided lot and adjacent lots. Lot boundaries shall, in general, conform to the lines of identifiable natural features including landscaping, topography, geology, lot configuration, etc., on the site. Review and recommendations regarding the historic resource, its subdivided lot, and the proposed land developments shall be made by the HARB to the Planning Commission and the Township Commissioners. The Commissioners may require that a lot size be increased above the minimum lot size for the zoning district in which the resource is located.

Every property owner within the Historic District Overlay is responsible for obtaining a certificate of appropriateness for alterations or improvements, but not repairs or maintenance, affecting any part of a structure that is visible from a public street.

Buffering. When any subdivision, land development, or any nonresidential use is proposed on a property, any boundary of which is within 300 feet of the Annville Township Historic District Overlay, the applicant shall be required to submit a plan depicting how the Historic District will be buffered against deleterious or adverse impacts of the proposed change. Buffering may include, but need not be limited to, vegetative screening, fencing, or compatible design, the appropriateness and effectiveness of which the Annville HARB shall evaluate prior to any plan approval or permit issuance.

Demolition by neglect is defined as the absence of routine maintenance and repair that can lead to structural weakness, decay and deterioration resulting in the demolition of a structure.

All buildings and structures, whether occupied or not, within the Township’s Historic District Overlay shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration according to standards put forth in the International Property Maintenance Code. (See Chapter 5, Code Enforcement.)

Upon request of the Township, a landowner shall furnish proof at his own expense that he is in compliance with the following standards. No use shall be operated in such a manner as to constitute a danger to the residents and inhabitants of the Township.

The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); 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.

In the case of existing structures, prior to the issuance of any permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA Substantial Improvement/Substantial Damage Desk Reference.

In the case of existing structures, prior to the issuance of any permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage concerns can be addressed before the permit is issued.

During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Section.

In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Commissioners for whatever action it considers necessary.

The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this Section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.

The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator/Manager.

The Floodplain Administrator shall consider the requirements of 34 PA Code and the 2015 IBC and the 2015 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Floodplain Administrator. Such application shall contain the following:

If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:

Applications for permits shall be accompanied by a fee, in accordance with the current schedule of fees adopted by resolution by the municipality.

Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Annville Township, pay judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Annville Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Annville Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this Section to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and therefore each day that a violation continues shall constitute a separate violation.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Annville Township the right to commence any action for enforcement pursuant to this Section.

District Justices shall have initial jurisdiction over proceedings brought under this Section.

Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Section may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and any other local ordinance.

Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this State including the Pennsylvania Flood Plain Management Act.

The identified floodplain area shall be:

The above referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Annville Township and declared to be a part of this Section.

The identified floodplain area shall consist of the following specific areas:

Alteration or Relocation of Watercourse.

When Annville Township proposes to permit the following encroachments:

All buildings and structures, including manufactured homes, shall be constructed and placed on the lot 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 flood water.

The following shall not be placed or caused to be placed in any of the designated SFHA: Fences, except two-wire fences, other structures, or other matter which may impede, retard, or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream of flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.

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 Section and any other applicable codes, ordinances and regulations.

The municipality will endeavor to coordinate its floodplain management program with neighboring municipalities, particularly when the property(ies) in question is located near a municipal boundary.

Residential Structures.

Nonresidential Structures.

Space Below the Lowest Floor.

Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Section 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:

Within any identified floodplain area, any structure of the kind described in subsection .A of this Section shall be prohibited. No variance shall be granted.

The placement or replacement of any manufactured homes in the floodway areas is prohibited.

Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:

Equipment Requirement.

Installation of manufactured homes shall be done in accordance with the manufacturer’s installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2015 “Residential Building Code” or the Department of Housing and Urban Development “Permanent Foundations for Manufactured Housing,” 1984 Edition, draft or latest revision thereto and 34 PA Code Chapter 401-405 shall apply.

Consideration shall be given to the installation requirements of the 2015 IBC, and the 2015 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 PA Code, as amended where appropriate and/or applicable to units where the manufacturer’s standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.

Recreational vehicles in Zones A, A1-30, AH and AE must:

In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:

The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

Requests for variances shall be considered by the Annville Township Zoning Hearing Board in accordance with the procedures contained in §27-605.15 and the following:

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.

Alluvial soils maps–soils maps prepared by the United States Department of Agriculture, Soil Conservation Service which indicate the location of soil types. Alluvial soils on these maps are soils of floodplains that are sediment deposits washed from upland areas. The presence of an alluvial soil indicates that the land has been flooded at some previous point in time.

Base flood–a flood which has a 1% chance of being equaled or exceeded in any given year (also called the “100-year flood” or 1% annual chance flood).

Base flood discharge–the volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

Base flood elevation (BFE)–the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

Basement–any area of the building having its floor below ground level on all sides.

Building–a combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Cumulative substantial damage–flood-related damages sustained by a structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event cumulatively sums to 50% or more of the market value of the structure before the damages occurred.

Declaration of land restriction (non-conversion agreement)–a form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.

Development–any manmade 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.

Existing manufactured home park or subdivision–a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision–the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood–a temporary inundation of normally dry land areas.

Flood insurance rate map (FIRM)–the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study (FIS)–the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

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 channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Highest adjacent grade–the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structures–any structure that is:

Identified floodplain area–this term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the flood insurance rate maps and flood insurance study, but may include additional areas identified by the community. See §§27-605.16 and 27-605.17 for the specifics on what areas the community has included in the identified floodplain area.

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 nondesign requirements of this Section.

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.

Manufactured home park or subdivision–a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value–for the purposes of this Section, shall be determined utilizing the market value established by the Lebanon County Tax Assessment Office.

New construction–structures for which the start of construction commenced on or after the effective start date of the floodplain management ordinance codified in this Section and includes any subsequent improvements to such structures. Any construction started after April 15, 1977, and before the effective start date of the floodplain management ordinance codified in this Section is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

New manufactured home park or subdivision–a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

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.

Post-FIRM structure–is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community initial flood insurance rate map (FIRM) dated April 15, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

Pre-FIRM structure–is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community initial flood insurance rate map (FIRM) dated April 15, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

Recreational vehicle–a vehicle which is:

Regulatory flood elevation–the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of two feet. The freeboard safety factor also applies to utilities and ductwork.

Special flood hazard area (SFHA)–means an area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

Start of construction–includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 90 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure–a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Subdivision–the division or re-division 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, of which the cost 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” or “cumulative substantial damage” regardless of the actual repair work performed. The term does not, however, include 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.

Uniform Construction Code (UCC)–the Statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

Variance–a grant of relief by a community from the terms of a floodplain management regulation.

Violation–means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Watercourse–a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.