Caln Township City Zoning Code
ARTICLE V
Natural Resource Protection Standards
§ 155-35 Statement of intent.
A.
The following natural resource protection standards are established to promote public health, safety, and welfare by minimizing adverse impacts to the environment and the plants, animals, and humans that live within it. These standards are intended to meet the following specific purposes:
(1)
Implement the goals, objectives and policies of the Caln Township Comprehensive Plan related to protection of natural resources and open space land.
(2)
Promote and implement the PA Municipalities Planning Code providing for the protection and preservation of natural resources through Zoning Ordinances.
(3)
Protect the Township's potable water supply and quality.
(4)
Reduce potential hazards and adverse financial impacts to the community that may result from degradation of natural resources.
(5)
Capitalize on financial benefits derived from the natural infrastructure functions that natural resources provide, such as stormwater management, filtration of contaminants, and flood control.
(6)
Preserve the natural resources and landscapes that screen and buffer the Township's developed areas.
§ 155-36 Applicability and general provisions.
A.
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource specified in this article prior to the submission, review, and approval by the Township of applications for zoning or building permits; subdivision or land development plans; conditional use or special exception approvals; zoning variances; timber harvesting plans; or any other applicable permit or approval required by the Township that would involve disturbance of natural resources specified in this article.
B.
In the event that two or more natural resources identified in this article overlap, the resource with the most restrictive standard (the least amount of permitted disturbance, or the greatest buffer distance) shall apply to the area of overlap.
C.
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined by the Township Zoning Officer, Township Engineer or another professional designated by the Township that such disturbance is consistent with the provisions of this Article and other applicable Township ordinance provisions or federal or state regulations.
D.
Restrictions to the disturbance of natural resources shall apply before, during, and after construction or other permitted activity takes place on a site.
§ 155-37 Watercourses, wetlands and hydric soils.
A.
The purpose and objective of the Watercourses, Wetlands and Hydric Soil protection regulations are outlined as follows:
(1)
To direct growth, development and revitalization efforts by considering environmentally sensitive land areas.
(2)
To achieve and sustain a high quality natural resource system and to protect a natural diversity of ecosystems.
(3)
To provide aquatic habitats, which are essential breeding, rearing and feeding grounds for many species of fish, plants and other wildlife.
(4)
To develop a protective zone to serve as a natural filter in the removing of pollutants such as bacteria, acid and sediment from groundwater and surface water.
(5)
To implement an effective hydrological and stormwater management program that adequately addresses surface drainage, groundwater recharge and soil erosion control measures.
(6)
To implement best management practices.
(7)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Caln Township Comprehensive Plan.
B.
Watercourses shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except for activities waived or permitted under Pennsylvania DEP regulations or federal regulations. In the case of an application for subsivision or land development, watercourses on the affected lot shall also be subject to the riparian buffer standards in Chapter 137, Subdivision and Land Development.
C.
Areas of Wetlands and Hydric Soils shall include the following land and water features:
(1)
All areas delineated as wetlands on the most recent National Wetlands Inventory Maps as prepared by the United States Fish and Wildlife Service.
(2)
All areas delineated as wetlands by a qualified professional or soil scientist with experience in delineating wetlands.
(3)
All areas delineated as wetlands by the United States Army Corps of Engineers, as part of a jurisdictional determination.
(4)
All areas encompassed by hydric soils, as defined and mapped by the United States Department of Agriculture, National Resources Conservation Service.
(5)
All areas encompassed by high water table soils with hydric characteristics, as defined and mapped by the United States Department of Agriculture, National Resources Conservation Service.
D.
The delineated areas of Wetlands and Hydric Soils shall be subject to the interpretation of the Zoning Officer.
E.
Should a dispute arise concerning the interpretation of the boundaries of delineated Wetland and Hydric Soil areas, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer.
F.
For all areas that have been delineated as a wetlands area, the following provisions and restrictions shall apply:
(1)
A 50-foot wetland buffer zone shall be applied to all areas that have been delineated as wetlands, as measured from the perimeter of the wetlands area. Within this 50-foot wetland buffer zone, no earth disturbance activities or improvements shall be permitted unless it has been approved by the Zoning Hearing Board as a Special Exception.
(2)
The Caln Township Engineer shall review all of the plans, drawings, and documents relating to any encroachments or planned earth disturbance activities in areas delineated as wetlands or wetland buffers, including any jurisdictional determination approved by the United States Army Corps of Engineers, and he shall report his findings to the Zoning Hearing Board and if necessary, attend the zoning hearing to present his findings and recommendations.
G.
Application for special exception.
(1)
In any instance where the Zoning Hearing Board is required to consider an application for earth disturbance activity, such application shall be authorized as a special exception.
(2)
Applications filed with the Zoning Hearing Board shall contain the basis upon which the application is sought, and a description of the relief sought. Plans submitted shall be prepared by a licensed professional engineer and shall include, at a minimum, the following information:
(a)
Location of streams, creeks, watercourses, ponds, lakes, wetlands, and other water resources on the property to be developed.
(b)
Delineated area of wetlands and wetland buffers.
(c)
Riparian buffer zones, in accordance with Chapter 137, Subdivision and Land Development.
(d)
The plans must be drawn to scale and show the nature, location, dimensions and elevations of the lot and existing and proposed uses, together with photographs or drawings showing the existing uses and vegetation within the required buffer zone.
(e)
Profile showing the slope of the bottom of the stream, creek, watercourse, lake, pond or other water resource, together with the elevation of the adjoining land areas that are proposed for the earth disturbance activities or development.
(f)
Any additional information that the applicant or Township Engineer deems relevant and necessary to evaluate the special exception application.
(3)
In addition to the criteria and standards set forth in § 155-180 of this chapter, the following criteria shall be considered by the Zoning Hearing Board in rendering a decision on a special exception application:
(a)
That the application is for good and sufficient cause.
(b)
The danger that the proposed earth disturbance activities or development will have upon the wetlands, the ecosystems and the aquatic habitats which may live in the wetlands.
(c)
That there are no alternative locations for the proposed earth disturbance activities or development outside of the buffer zone.
(d)
Whether any modifications to the plans or conditions of approval would achieve the purposes and objectives of § 155-35.
(e)
Whether the proposed development is consistent with the Township's Comprehensive Plan.
(f)
Whether the strict application of the ordinance would deny the applicant a reasonable use of the property or otherwise render the property unusable or unsalable for development.
(g)
Evidence that all other necessary governmental permits such as those required by state or federal laws have been obtained or will be obtained prior to land development approval or, in the case where land development approval is not needed, prior to building permit approval. If such permits have not been obtained, the Zoning Hearing Board may impose it as a condition of special exception approval that all permits be obtained prior to the issuance of any permit necessary for the earth disturbance.
§ 155-38 Steep slopes.
A.
Purposes. The purposes of this section are to:
(1)
Promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of Caln Township.
(2)
Permit only those uses of steep slope areas which are compatible with the conservation of natural conditions and natural vegetation, and which maintain stable soil conditions by minimizing disturbances to vegetative ground covers and by restricting the regrading of steep slope areas.
(3)
Limit soil erosion and the resultant destruction of land, siltation of streams and damage to the property of individuals.
(4)
Protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of sloped areas, changes of ground cover or the erection of structures.
(5)
Maintain the ecological integrity and habitat value of steeply sloped areas, i.e., native vegetation and wildlife, which could be adversely affected by otherwise permitted disturbances.
(6)
Allow the continuing replenishment of groundwater resources and the maintenance of springs.
B.
Rules for interpretation of moderately steep slopes and very steep slopes:
(1)
Delineation of boundaries.
(a)
In any application for subdivision and/or land development, the applicant shall, using two-foot contours, delineate moderately steep slopes and very steep slopes. Further, the applicant shall use an actual field topographic survey as the source of contour information and the basis for depicting such slope categories which shall be differentiated with separate symbols and legend. However, these regulations shall only apply in the following cases:
[1]
In the case of a subdivision and/or land development, where two-foot contours shall be shown, the representative sample of a moderately steep slope or very steep slope shall be based on a cumulative change in grade of six feet or more. Therefore, all moderately steep slope and very steep slope areas shall be shown, but only those occurring over three consecutive contour intervals will invoke the use restrictions herein.
(b)
Once delineated, the mapping submitted by the applicant will be reviewed by the Township Engineer. The applicant will be required to follow all regulations of this section for those areas which reflect moderately steep slope and very steep slope conditions as determined through the Township Engineer's review.
C.
Plan requirements for moderately steep slopes or very steep slopes. Where any site has located on it the existence of moderately steep slopes or very steep slopes, the applicant shall supply the following information at the time of application for subdivision and land development approval or a building permit application:
(1)
Subdivision or development plan application. The following information shall be provided:
(a)
A site plan of the property indicating the existing grades with contour lines at two-foot intervals and proposed grades within the areas of the proposed construction.
(b)
A landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls and ground cover, together with trees and ornamental shrub locations.
(c)
A soil erosion and sedimentation control plan showing how disturbed ground areas will be protected during construction and how disturbed ground areas will be permanently stabilized. All soil erosion and sedimentation control measures shall follow the requirements of the Pennsylvania Department of Environmental Protection, Erosion and Sedimentation Control Manual, latest edition.
(d)
A plan profile and typical cross sections of the entrance drive and the proposed public street providing access to such drive.
(e)
A plan for on-site sewage disposal facilities if connection to a public sanitary sewer system is not contemplated.
(2)
Building permit application. In addition to the above information, the following additional information shall be provided:
(a)
Architectural plans, elevations and sections for all permitted buildings, structures or construction, accompanied by a drainage plan and a soil erosion and sedimentation control plan.
(b)
A statement prepared, signed and sealed by a registered architect or a licensed civil or structural engineer describing in detail the building methods to be used in overcoming foundation and other structural problems created by slope conditions, how the natural slopes and watershed will be preserved substantially undisturbed, the method proposed to prevent soil erosion, and details of how overland stormwater runoff and groundwater will be diverted away from all building areas below finished grade.
D.
Limitation of disturbance on moderately steep slopes. The allowable disturbance of all moderately steep slopes on the entire tract shall be a maximum of 30%.
E.
Permitted uses on very steep slopes. The uses permitted on very steep slopes shall be limited to the following:
(1)
Open space.
(2)
Wildlife sanctuary, woodland preserve, arboretum (exclusive of buildings or structures) and recreation areas (exclusive of buildings or structures).
(3)
Tree farming, forestry and other agricultural uses (exclusive of buildings or structures) when conducted according to conservation measures approved by the USDA Natural Resources Conservation Service.
F.
Limitation of disturbance on very steep slopes.
(1)
That portion of any site, parcel or lot that is within very steep slopes shall not be included in the calculation of net lot area, with the following limitation: very steep slopes need not be netted out in the calculation of net lot area if the minimum net lot area (without reference to steep slopes) is increased to 133% of the minimum lot size required by the underlying base zoning district regulations.
(2)
Unless permitted by special exception pursuant to Subsection G below, there shall be no erection or construction of any building, structure, road, driveway, parking area or other similar structure or impervious surface on very steep slopes.
(3)
The allowable disturbance of all very steep slopes on the entire tract shall be a maximum of 15%.
G.
Special exception uses on very steep slopes. The following uses shall be permitted on very steep slopes by special exception when authorized by the Zoning Hearing Board, subject to the requirements of this section. In addition, the Zoning Hearing Board shall consider the extent to which the requested use will disrupt the stability of soils and natural vegetation and contribute to soil erosion before and after construction or installation of the permitted use. The Zoning Hearing Board shall attach such reasonable conditions as it determines necessary and reasonable in furthering the intent and purpose of this section. The uses which shall be permitted on very steep slopes by special exception shall be as follows:
(1)
Sealed public water supply wells that have been approved by all regulatory agencies having jurisdiction.
(2)
Sanitary or storm sewers that have been approved by all regulatory agencies having jurisdiction.
(3)
Access roads suitable for passage or emergency vehicles in the event of fire or accident. Such road shall be constructed only when no viable alternative for emergency access exists, provided that all requirements of applicable codes and ordinances are met, and subject to approval by all regulatory authorities having jurisdiction.
(4)
One primary road which is designed and intended to serve as an access road to a subdivision or a driveway which is designated and intended to serve as sole access to a lot therein, provided that there is no other feasible way to design access to the property without crossing very steep slopes. The criteria for construction of a public or private street or driveway on very steep slopes is as follows:
(a)
Such street or driveway shall be proposed for construction only when no viable alternative for access exists. The burden shall be upon the applicant to show that no other alternative exists.
(b)
The proposed road or driveway shall be placed as close to the natural contour of the land in order to minimize cutting and filling.
(c)
The construction standards and specifications of the proposed street(s) shall comply with the standards and specifications of §§ 137-35 through 137-43 of Chapter 137 of the Caln Code (the Subdivision and Land Development Ordinance), and the construction standards and specifications of the proposed driveway(s) shall comply with the standards and specifications of the Caln Township Driveway Ordinance, Ordinance No. 2002-2, enacted on April 25, 2002.
(d)
The proposed street shall be designed to preclude direct discharge of stormwater into a watercourse without natural filtration provided by a filtration bed and/or detention basin sized in accordance with accepted design criteria for stormwater management.
(e)
The construction of the proposed street or driveway shall be preceded by the installation of the proposed storm drainage and soil erosion and sedimentation control measures.
(f)
Criteria for compaction and stabilization of cutting and filling areas shall be proposed by the applicant. Such criteria shall be in accordance with acceptable engineering standards and shall be subject to approval of the Township Engineer.
H.
Nonconformities. If the imposition of the regulations set forth in this section results in any existing lot becoming nonconforming in terms of area requirements, such lot may not be subdivided but may be developed despite these regulations.
I.
Standards for approval of development.
(1)
The Board of Commissioners shall consider the following criteria before approving any uses on moderately steep slopes and very steep slopes and the Zoning Hearing Board shall consider the following criteria before approving any of the uses which are permitted by special exception on very steep slopes:
(a)
The degree of modification proposed within the district to the topographic, soil and vegetation resources and the techniques proposed to mitigate potential environmental impacts.
(b)
The effect the development would have on adjacent properties.
(2)
The applicant shall provide evidence that:
(a)
Moderately steep slopes or very steep slopes are being proposed for development since no other alternative location is feasible or practical on the basis of access, topography or other physical design considerations.
(b)
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, soil erosion, sedimentation and unstable soil conditions. Further, it shall be demonstrated that any and all reasonable mitigation techniques and procedures will be utilized or have been considered in the preparation of the subdivision and/or land development plan.
(c)
Proposed buildings and structures are of sound engineering design, and footings are designed in response to the site's slope, soil and bedrock characteristics and, where applicable, shall extend to stable soil and/or bedrock.
J.
Liability. Neither the approval nor the granting of any construction permit, subdivision or land development approval or site development plan involving any land governed by the provisions of this section by an officer, employee or agency of the Township or its officers, officials, employees or agencies shall create liability upon or provide a cause of action against the Township, its officers, agencies, agents or employees for any damage that may result pursuant thereto.
§ 155-39 Woodland protection and management.
A.
The purpose and objective of the Woodland Protection and Management provisions is outlined as follows:
(1)
To protect areas classified as woodlands from inappropriate subdivision, land development and conservation management activities.
(2)
To acknowledge that woodlands are a vital resource and provide a number of community benefits, including: minimizing erosion on areas of steep slopes and streambanks; improving groundwater quality and quantity by filtering out pollution and sediment; providing wildlife habitats for plants and animals; providing effective stormwater management and erosion control; providing shade from direct sunlight and reduces temperatures; stabilizing adverse climate conditions by providing buffer and wind breaks; providing active and passive recreation opportunities; enhancing the scenic characteristics; and reducing air pollution by absorbing airborne pollutants.
(3)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Caln Township Comprehensive Plan.
B.
Woodland Protection and Management shall include the following activities:
(1)
Woodland extraction and tree, woodland, and shrub replacement provisions, subject to § 155-40 of this chapter.
§ 155-40 Woodland extraction and replacement.
A.
Woodland extraction shall be permitted within all zoning districts, provided it is conducted in a manner to facilitate all necessary site improvements, as identified on an approved subdivision plan, land development plan, erosion and sedimentation control plan and/or building plan. For the purposes of this Code, "woodland extraction" is hereby defined as the clear cutting or removal of mature trees, as measured six inches or more in caliper, to provide area for improvements on an individual lot or parcel of land, as the mature trees exist in predevelopment conditions.
B.
Specimen trees and heritage trees.
(1)
Specimen trees and heritage trees shall not be removed from any lot or tract except where the landowner demonstrates to the satisfaction of the Board of Commissioners that such removal is essential to eliminate a hazardous condition(s). In consideration of any need for removal, the Township may engage the services of an arborist, reasonable costs therefore to be borne by the landowner. Where permitted, removal of specimen trees and heritage trees shall be minimized.
(a)
To the minimum extent necessary to enable retention of specimen trees and heritage trees while providing for lawful use, modification to otherwise applicable area and bulk requirements may be approved by the Board of Commissioners as part of any applicable subdivision or land development application, or by the Zoning Officer as part of any applicable building permit.
(2)
Where any applicant for building, zoning, subdivision or land development approval establishes conservation restrictions acceptable to the Township which shall result in the conservation of specimen trees or heritage trees, all such trees to be retained shall be credited toward any tree replacement required under § 155-40D at the ratio of four trees credited for each specimen or heritage tree retained.
C.
Tree and woodland protection.
(1)
The provisions of this Subsection C shall apply to lots greater than one acre.
(2)
Unless undertaken as a timber harvesting operation conducted in compliance with an approved timber harvesting plan, the following woodland disturbance limitations shall apply:
(a)
Critical woodlands: maximum disturbance of 15%.
(b)
Non-critical woodlands on residential tracts: maximum disturbance of 35%.
(c)
Non-critical woodlands on non-residential tracts: maximum disturbance of 50%.
(3)
Disturbance of critical woodlands shall be permitted only when there is no possible alternative disturbance on non-critical woodlands.
(4)
Any disturbance in excess of the limitations specified in this § 155-40C shall be subject to the tree, woodland, and shrub replacement requirements on § 155-40D.
(5)
Where there is a conflict between the disturbance limits or other standard of this § 155-40C, and any other section of this chapter 155 or the Caln Township Code, the more restrictive disturbance limit or standard shall apply.
(6)
Disturbance limitations shall be measured based on the extent of the woodland at the time of first submission of applicable application(s) after the adoption of this section, and shall be indicated on applicable plan(s). The extent of any area of woodland disturbance shall be measured to include the entire area within the drip line of any tree where any part of the area within the drip line of said tree is subject to woodland disturbance. Any disturbance limitation shall run with the land. Subsequent applications shall be subject to the initial determination of disturbance limitations, regardless of intervening disturbance which may have occurred. If, at any time within three years prior to an applicable application, there had existed a greater extent of woodland, such greater area shall be utilized to calculate the extent of woodland disturbance and the limitations set forth herein.
(7)
In determining where necessary woodland disturbance shall occur, the following factors shall be considered by the applicant and the Township:
(a)
The impacts on any interior forest area; riparian buffer area; steep slope area; rare, threatened, or endangered species habitat area; visual screening; and viewsheds.
(b)
The locations of healthy mature woodland stands and the benefits of their conservation.
(c)
The impacts of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas.
(d)
The Township should not unreasonably restrict woodland disturbance where limited disturbance may permit siting of buildings in less visually obtrusive areas of the tract.
(8)
Any disturbance shall be conducted in such a manner as to provide the least alteration or disturbance necessary of the existing woodlands and other vegetation. Clear-cutting shall be minimized and trees shall be selectively removed.
(9)
Remaining undisturbed woodlands and other vegetation shall interconnect with wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife.
(10)
In accordance with § 150-40E, woodlands, individual trees, and other vegetation that are to be removed shall be designated on the landscape plan as "To be Removed." Woodlands, individual trees, and other vegetation that are to remain on the site shall be designated on the landscape plan as "To Remain." Woodlands, individual trees, and other vegetation to remain on the site shall be protected in accordance with the following:
(a)
A tree protection zone (TPZ), which is an area radial to the trunk of the tree or to the woodland area to be preserved, shall be established. The TPZ shall extend to the edge of the critical root zone (CRZ) of the woodland area to be protected, or in the case of an individual tree, to the critical root zone of the tree. The critical root zone is the distance from the tree trunk that equals one foot for every one inch of the tree's diameter at breast height (dbh).
(b)
Prior to construction, trees or woodlands to be preserved that are within 50 feet of any proposed construction, grading, clearing, or related activity shall have their TPZ demarcated by minimum four-foot-high, orange construction fencing or approved equivalent. The fencing shall be installed along the outer edge of the delineated TPZ, shall be maintained until all construction activities have been completed, and shall be inspected by the Township prior to initial disturbance and, thereafter, at its discretion.
(c)
No disturbance, earth compaction, vehicular or foot traffic, construction of proposed improvements or utilities, or other disturbance shall occur within the TPZ.
(d)
Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the TPZ.
(e)
No toxic materials shall be stored within 100 feet of a TPZ.
(f)
Sediment, retention, and detention basins shall not be located within the TPZ, nor shall they discharge into the TPZ.
(g)
No boards or other material shall be nailed or otherwise attached to any trees during construction.
(h)
Roots shall not be cut within the critical root zone of any trees to remain.
(i)
Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.
D.
Tree, woodland, and shrub replacement.
(1)
The provisions of this Subsection D shall apply to lots greater than one acre.
(2)
Replacement of trees removed in excess of the disturbance limits set forth in § 155-40C shall be required. For each tree greater than 12 inches dbh to be removed, required replacement trees shall be planted and shall be calculated in accordance with the table below. For each evergreen tree to be removed a minimum of one of the required replacements trees shall be an evergreen tree of eight feet minimum height.
For Each Tree to be Removed | Minimum Number and Caliper of Replacement Trees |
|---|---|
One, 12 to 18 inch dbh | Two, 2 inch dbh |
One, 18 to 24 inch dbh | Three, 2 inch dbh |
One, 24 to 36 inch dbh | Four, 2 inch dbh |
One, greater than 36 inch dbh | Six, 2 inch dbh |
(3)
Required replacement shrubs. For each 100 square feet of woodland disturbance area, or fraction thereof, in excess of the disturbance limits set forth in § 155-40C, and regardless of the character and sizes of the disturbed vegetation, a minimum of one shrub at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement.
(4)
Deciduous replacement trees shall be eight feet minimum height if multi-stem trees.
(5)
The removal of declining, damaged, diseased or invasive trees, or those which present a hazard are exempt from the tree replacement requirement.
(6)
Where the area of proposed woodland disturbance is greater than one acre, square feet, the applicant may determine the number and dbh of trees to be removed and replaced based on an inventory of trees within a sample area. Such sample area shall be a minimum of 100-by-100 feet within the proposed area of disturbance. Where more than one woodland type exists within the proposed area of disturbance, a minimum 100-by-100 foot area shall be sampled within each woodland type, and the boundaries of such woodland types shall be shown on a landscape plan.
(7)
Where required replacement trees cannot be feasibly implemented due to the size of the site or other limitations, the required replacement trees shall be planted the following locations, subject to approval by the Board of Commissioners:
(a)
On a parcel of land owned and maintained by Caln Township.
(b)
On a parcel of land owned and maintained by either Chester County, the Coatesville Area School District and any other public, nonprofit or conservation group willing to accept responsibility for the replacement trees.
(8)
Required replacement plantings shall count toward any required street trees or any other landscape material required under the provisions of this chapter or Chapter 137, Subdivision and Land Development.
(9)
Required replacement vegetation shall be selected from the approved list specified under § 155-125 of this chapter. Required replacement vegetation and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock", ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown so as to have a high likelihood of survival on the site (e.g., grown specifically for planting in the applicable USDA hardiness zone) and shall be nursery grown.
(10)
Because of the many benefits of native plants, the use of nursery-grown free-fruiting native trees and shrubs shall be required. Species selection shall reflect species diversity characteristics of the native woodland.
(11)
Species selection and planting locations shall consider suitability based on site conditions (soils, geology, hydrology, etc.), maintenance (hardiness, longevity, disease/insect resistance, etc), and functional and design objectives of the plantings (landscape buffer, screening, riparian buffer reforestation, existing woodland enhancement, etc).
(12)
Invasive species, as identified on the most recent version of the Pennsylvania Invasive Plant Species List, shall not be planted under any circumstances for any Township permitted activity, and where present their eradication or management should be implemented to the maximum extent possible.
(13)
All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months. If a replacement planting dies or is dying within the guarantee period, the landowner shall replace the dead or dying planting. In addition, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the 18 month replacement period, and to provide for the removal and replacement of vegetation damaged during construction, based upon the recommendation of the Township Engineer or Pennsylvania-registered landscape architect.
E.
Plan information.
(1)
The applicant shall submit a landscaping plan to Caln Township for review and consideration. The landscaping plan shall be prepared by a landscape architect registered within the Commonwealth of Pennsylvania and shall depict woodlands, individual trees, and other vegetation that are to be removed and to remain, in accordance with 150-40C(9), and the sizes, species selection, location, and planting specifications of all replacement vegetation.
(2)
The locations, selected species and sizes of all replacement plantings, along with a planting schedule tied to the timing and/or phasing of the development, shall be indicated on the final land development plan.
§ 155-41 Forestry.
Forestry shall be permitted within all zoning districts, provided it is conducted in accordance with Chapter 85B.
§ 155-42 Carbonate geology.
A.
The carbonate geology shall include limestone and dolomite formations. These carbonate geological formations are commonly known as the Conestoga Formation (OCc), Elbrook Formation (Ce), Ledger Formation (CI) and Vintage Formation (Cv), which are principally located through much of the central lowland areas of Caln Township.
B.
In reviewing all applications involving subdivision, land development, building and construction, Caln Township shall make its review on the basis of carbonate geological formation boundaries.
C.
Within areas of carbonate geology, alteration and/or development of land may be hazardous with respect to foundation stability, water seepage into basements, the safety of structures, the creation of unstable land as a result of changes in drainage and the contamination of ground and surface waters. Based upon the information available at the time of review of certain applications, the professional staff of consultants appointed by Caln Township will attempt to make reasonable judgments as to the compliance with the standards and specifications established under this section of the Code. However, under no circumstances shall the approval of any subdivision or land development plan, or its approval of any building permit, create any liability on the part of Caln Township or any officer, staff member or consultant of Caln Township for any damage that may result from an applicant's or any interested party's reliance upon the regulations of this section of the Code or any decisions made by Caln Township in the administration of such regulations.
D.
Except for those uses, structures and land subdivisions exempted from this section of the Code, no structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered without full compliance with the procedures and standards set forth in this section of the Code. The following activities are exempted from these standards and procedures:
(1)
The construction and/or alternation of a single-family detached dwelling, or structure accessory thereto, on a lot held in single and separate ownership on the effective date of this chapter and a permitted on-lot sanitary sewer system to serve such dwelling.
(2)
One below-ground tank for the storage of not more than 1,000 gallons of home heating oil intended to serve a single-family dwelling.
(3)
Subdivisions of land containing two or fewer lots, where the proposed use is limited to one single-family detached dwelling per approved lot.
E.
Where interpretation is needed as to the exact location of the boundaries of the carbonate geological formations, the following procedures and requirements shall be applied:
(1)
Where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the carbonate geological formations shall be made by the Caln Township Engineer or a professional consultant appointed by Caln Township based upon the information submitted by an applicant seeking subdivision or land development approval. Any applicant or person seeking such determination shall submit a geological study of the area in question or other pertinent documentation for consideration. The Caln Township Engineer or the professional consultant appointed by Caln Township shall make a written report of the results of his determination within 60 days of such submission. A copy of this report shall be submitted to the Zoning Officer, who shall make the final determination based upon the information submitted by the applicant and the report issued by the Caln Township Engineer or the professional consultant appointed by Caln Township.
(2)
Any party aggrieved by any such determination of the Zoning Officer may appeal to the Zoning Hearing Board. The applicant or person contesting the location of the boundary of the carbonate geological formations shall have the burden of proof in case of any such appeal.
F.
Unless otherwise exempted from the carbonate geological requirements of this Code, all persons or applicants seeking building, construction, subdivision and/or land development approval shall submit an environmental impact assessment (EIA) report to Caln Township for review and consideration. At a minimum, the EIA report shall be prepared in accordance with the following provisions:
(1)
The format and contents of the EIA report shall be as follows:
(a)
Statement of purpose: This section shall indicate how the design standards specified by this section of the Code have been addressed and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those design standards.
(b)
Description of existing conditions: This section shall present a description of existing characteristics of the property, including geology, topography, ground and surface water hydrology, soils, vegetation and existing improvements and uses.
(c)
Description of the proposed action: This section shall describe the proposed action, including types, locations and phasing of proposed site disturbances and construction, together with proposed future ownership and maintenance of the property and the proposed improvements. A description of the proposed action must either be included within or accompany the environmental assessment report.
(d)
Proposed mitigation measures: This section shall describe all measures proposed by the applicant to control potential and adverse environmental impacts which may occur as a result of the proposed action and as identified by the Caln Township Engineer in his report on the application.
(e)
List of professionals and qualifications: The names, addresses, telephone numbers, resumes and qualifications of the persons directly responsible for preparing the EIA report shall be provided.
(f)
Appendixes. Any additional information which the applicant wishes to provide may be included in one or more appendixes to the report.
(2)
The EIA report shall include a map of the size and scale specified under Chapter 137 of the Code. The map shall accurately depict the location of the property and the plan showing all proposed improvements thereon and their geographic relationship to the areas of Carbonate Geology.
(3)
For areas proposed for grading and/or the construction of buildings, structures and/or other improvements of any kind, the EIA report shall identify and map all known or reasonably determinable data for such areas, gathered and prepared by a professional geologist or soils scientist, indicating the presence of any carbonate geological features, including, but not limited to: depressions; fissures, lineaments, faults or fracture traces; ghost lakes occurring after rainfall events; outcrops of bedrock; seasonal high-water tables; sinkholes; lineaments; soil types and soil mottling; and springs and/or surface drainage entering the ground. All such data shall be based on field surveys and/or published data, but in either case shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such data.
(4)
As part of the EIA report, the applicant shall furnish a detailed plan prepared in accordance with the requirements of Chapter 137 indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties, as well as the location and extent of all proposed uses and improvements.
(5)
Where required by the condition of the property, the EIA report shall provide additional information which is sufficient to demonstrate that the applicant can comply with all design standards established within this section of the Code; that one or more of such standards is not applicable because of the conditions of the property or existing uses thereon; and/or that because the applicant's proposed action poses no discernible threat to land, buildings, structures and other improvements existing or proposed from any condition arising from their location in areas of Carbonate Geology.
(6)
The Caln Township Engineer or a professional consultant appointed by Caln Township shall review the EIA report and other submitted materials required by this section of the Code and shall make a site inspection of the property, having notified the applicant at least five days in advance thereof. Following such site inspection, the Caln Township Engineer shall submit a written report to the Board of Commissioners, Zoning Officer and applicant presenting his findings with respect to the applicant's compliance with the procedures and standards established within this section of the Code.
G.
No structure, land area or water body shall be used or developed, and no structure shall be located, extended, converted or structurally altered within areas of Carbonate Geology unless it conforms with the following standards and regulations:
(1)
The below-ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to ground or surface waters, is prohibited. The applicant may be authorized to place a tank underground in a concrete vault, install other impervious liners and/or install monitoring devices if the Caln Township Engineer determines that there exists no probability of leakage. This limitation shall be in addition to compliance with all applicable laws and the regulations of the Pennsylvania Department of Environmental Protection (PADEP) governing such facilities.
(2)
The use of fill containing any material which would represent a potential contamination hazard to ground or surface waters is prohibited. Prohibited materials shall include, but not necessarily be limited to, wastes identified as "hazardous" by state and federal laws and by regulations promulgated by the PADEP and the Environmental Protection Agency.
(3)
Aboveground storage, handling, processing or disposal of toxic materials, liquid fuels or other hazardous liquids or any other substance with the potential to contaminate ground and surface waters shall be prohibited unless contained within an area having impermeable surfaces such as concrete or other impervious material under the storage and handling areas to confine and prevent groundwater contamination. Additionally, aboveground storage tanks shall comply with the requirements of any and all regulations promulgated for the Pennsylvania Storage Tank and Spill Prevention Act, Act No. 32 of 1989 (the "Act"), or any subsequent acts amending the Act or additional acts affecting the subject matter of this subsection. Underground storage tanks shall comply with all applicable federal and state laws.
(4)
Land grading or construction of structures or other site improvements which would directly or indirectly diminish the flow of natural springs, surface waters or naturally existing underground drainage channels is prohibited. In determining the potential adverse effect of any proposed grading, site disturbance or construction activities, the applicant shall provide the Township Engineer with geology and water table data from observation wells, test borings and other accepted sources, as deemed necessary by the Caln Township Engineer using accepted engineering practice.
(5)
The installation of individual water supply wells which would directly or indirectly affect water supply, water volume, the water table or underground aquifers, groundwater or the watershed (natural water supplies) is permitted, subject to the applicant's submission of a groundwater study sufficient to conclude that the installation of any such well shall not create an adverse impact on any of the foregoing natural water supplies and shall not result in ground subsidence or damage to any existing or proposed structures or improvements. Any water supply involving water supplied from a community well shall be prohibited in areas of carbonate geology.
(6)
No stormwater management basin or other associated facilities shall be placed in or over the following features: sinkholes, closed depression, fracture traces, lineament, ghost lake, springs or disappearing streams (places where surface drainage enters the ground). Where necessitated by proximity to such features, basins may be required to be lined or otherwise constructed to preclude the opening of sinkholes and depressions arising as a consequence of water infiltration into carbonate formations.
(7)
Buildings and structures proposed to be constructed within the influence of a sinkhole, closed depression, lineament, fracture trace, spring, ghost lake or disappearing stream shall be designed so as to provide adequate control and dispersal of water in order to reduce the hazard of building damage due to collapse or subsidence. All measures proposed to be used by the applicant to control adverse impacts shall be subject to the approval of the Caln Township Engineer.
(8)
All underground sewer and water utilities, roadbeds, curbs, sidewalks and culverts proposed to be constructed and installed in areas evidencing carbonate formations shall be adequately protected from collapse, leakage and other hazards that contribute to or arise from collapse or subsidence, as required by the Caln Township Engineer or other qualified consultant.
H.
Should Caln Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risk, or should Caln Township determine that the applicant has not taken all reasonable actions to minimize such risk, the Township may deny the application in accordance with the provisions of this Code or impose reasonable conditions deemed appropriate by the Caln Township Engineer to mitigate such risks.
I.
Following receipt of the report from the Caln Township Engineer, the Zoning Officer shall either approve the permit application, approve it with conditions or reject it, and shall do so within 45 days of submission of the permit application, unless a request to extend the time period is requested or agreed upon, in writing, by the applicant.
J.
Where compliance with this section of the Code is required as part of an application for subdivision or land development plan approval, the decision on whether compliance has been achieved shall be made at the time of the decision on the subdivision or land development plan application.
K.
Where the application is a part of a request for a zoning permit, the Zoning Officer shall issue no such permit until the requirements of this section of the Code and any conditions imposed upon the use of the property at the time of subdivision or land development approval are satisfied.
§ 155-43 Floodplain regulations.
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore pursuant to such authority and the authority granted in the Pennsylvania Municipalities Planning Code,[2] the Board of Commissioners (the "Board") of the Caln Township (the "Township") does hereby adopt the following regulations.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability. 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 identified floodplain area of Caln Township unless a permit has been obtained from the Floodplain Administrator.
(3)
Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance 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 section, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur, or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section 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 section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
C.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: A) fulfill the duties and responsibilities set forth in these regulations; B) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or C) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(b)
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Engineer.
(2)
Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of Caln Township.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act(Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); 57 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.
(c)
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(e)
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 for whatever action it considers necessary.
(f)
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.
(g)
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.
(h)
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.
(i)
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction is to occur.
[3]
Name and address of contractor.
[4]
Site location including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
[7]
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(b)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[1]
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood hazards;
[4]
Structures will be anchored to prevent floatation, collapse, or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used; and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and other accessways; and
[e]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
[3]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[b]
The elevation of the base flood;
[c]
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
[4]
The following data and documentation:
[a]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[b]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[c]
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area will not increase the base flood elevation at any point.
[d]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[e]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[f]
Detailed information needed to determine compliance with sections herein regarding storage, and development which may endanger human life, including:
[i]
The amount, location and purpose of any materials or substances referred to in such sections which are intended to be used, produced, stored or otherwise maintained on site.
[ii]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances during a base flood.
[g]
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
[h]
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.
(d)
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
(5)
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit.
(6)
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
(7)
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Floodplain Administrator for consideration.
(8)
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
(9)
Start of construction.
(a)
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.
(b)
The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(c)
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
(10)
Enforcement. Any person who fails to comply with any and all requirements or provisions of this section shall be subject to administrative and enforcement provisions set forth in Article XII of the Zoning Ordinance.
(11)
Appeals.
(a)
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.
(b)
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Zoning Hearing Board procedures set forth in this Zoning Ordinance and as set forth in the Pennsylvania Municipalities Planning Code.
(c)
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.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of the Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, 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.
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Caln Township and declared to be a part of this Zoning Ordinance.
(2)
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(a)
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of the base flood discharge.
[2]
Within any Floodway Area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(b)
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.
[1]
The AE Area adjacent to the floodway 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.
[2]
AE Area without floodway 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 but no floodway has been determined.
[a]
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[b]
Any new construction or development located within the area measured 50 feet landward from the top-of- bank of any watercourse requires that an appropriate permit be obtained from the Department of Environmental Protection Regional Office.
(c)
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base 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.
(d)
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1%-annual-chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(e)
In lieu of the various above methods or lack of sufficient data, the Township, if deemed necessary, may require the applicant to determine the base flood 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 Township. In the absence of any of the above data or documentation, the Township may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Board 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 months after the date such information becomes available, the Township shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See Subsection E(1)(b) for situations.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain area boundary arise, an initial determination shall be made by the Floodplain Administrator, with input from the Township Engineer, 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.
(5)
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, 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.
(b)
When the Township proposes to permit the following encroachments: 1) any development that causes a rise in the base flood elevations within the floodway; or 2) any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or 3) alteration or relocation of a stream (including but not limited to installing culverts and bridges); the applicant shall (as per 44 CFR Part 65.12):
[1]
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[2]
Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, an applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
(c)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.
(d)
Uses permitted by right. The following uses are permitted within the identified floodplain area, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this section and other local, state and federal regulations:
[1]
Agricultural uses, such as general farming, pasture, orchard, grazing, outdoor plant nurseries, truck farming, forestry and wild crop harvesting.
[2]
Recreation uses, such as park, picnic grounds, golf course, archery, hiking and riding trails, hunting and fishing areas, game farm, fish hatchery, wildlife sanctuary, nature preserve and swimming areas.
[3]
The front, side or rear yard setbacks required for a development of any lot or tract in any zoning district wherein the portion of the lot within the floodplain area may lie, provided that documentation of the existence of such floodplain area is recorded with the Chester County Recorder of Deeds at time of the initial conveyance of any such lot or tract of land.
[4]
Permeable parking areas and roads to serve other permitted uses in the identified floodplain area or where required by the regulations for any contiguous district.
(2)
Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements shall be prohibited unless permitted by right, or by the grant of a variance. If a use is permitted by right or a variance is obtained for new construction or substantial improvements in the identified floodplain area, then the following provisions apply:
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[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 (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this section.
[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 latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[a]
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[b]
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[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 (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this section.
[3]
In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
[4]
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the 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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
[5]
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[a]
An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
[i]
Mechanical equipment such as sump pumps and generators;
[ii]
Flood shields and closures;
[iii]
Walls and wall penetrations; and
[iv]
Levees and berms (as applicable).
[b]
Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
[i]
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[ii]
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[iii]
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[iv]
An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[v]
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
[6]
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 latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (excluding basements) 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 "fully enclosed space" also includes crawl spaces.
[2]
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 installed on two separate walls.
[b]
The bottom of all openings shall be no higher than one foot above grade.
[c]
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this section must comply with all section requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific section 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 section requirements will be the minimum necessary to preserve the historic character and design of the structure.
(e)
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 200 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 elevated to the regulatory 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, collapse, and lateral 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.
[9]
For accessory structures that exceed 200 square feet area (footprint) and that are below the base flood elevation, a variance is required. If a variance is granted, a signed declaration of land restriction (non-conversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
[10]
Prohibit the storage of dangerous or hazardous materials, including but not limited to those listed within this section, within accessory structures.
(3)
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a)
Fill. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from all points;
[2]
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[4]
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect adjacent properties.
(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 ensure 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 supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
[4]
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages," and the "International Private Sewage Disposal Code" shall be utilized.
(d)
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be above 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 set forth in the section addressing development which may endanger human life, shall be stored at or above the regulatory flood elevation 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.
(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.) used at or below the regulatory flood elevation 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 base flood elevation.
[2]
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(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 and shall be anchored to resist floatation, collapse, and lateral movement.
[2]
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.
(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)
Uniform construction code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 to 405, as amended) and not limited to the following provisions shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.
[1]
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[2]
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
(4)
Special requirements for subdivisions and development. 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 (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(5)
Special requirements for recreational vehicles. Within any floodway, recreational vehicles shall be prohibited.
(a)
Recreational vehicles outside the floodway in Zones A, A1-30, AH and AE must:
[1]
Be on the site for fewer than 180 consecutive days; and
[2]
Be fully licensed and ready for highway use.
F.
Prohibited uses.
(1)
General. 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:
(a)
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
[1]
Sod farming.
[2]
Removal of topsoil.
[3]
Cutting or removal of trees, except necessary clearing for authorized construction and landscaping.
[4]
Outdoor storage.
[5]
Construction and maintenance of septic tanks and cesspools.
[6]
Tennis courts with fencing.
[7]
Manufactured homes.
[8]
Hospitals.
[9]
Nursing homes.
[10]
Jails or prisons.
(b)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
(c)
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: 1) will be used for the production or storage of any of the following dangerous materials or substances; or 2) 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 3) will involve the production, storage, or use of any amount of radioactive substances; shall be prohibited. The following list of materials and substances are considered dangerous to human life:
Acetone |
Ammonia |
Benzene |
Calcium carbide |
Carbon disulfide Celluloid |
Chlorine Hydrochloric acid |
Hydrocyanic acid |
Magnesium |
Nitric acid and oxides of nitrogen |
Petroleum products (gasoline, fuel oil, etc.) |
Phosphorus |
Potassium |
Sodium Sulphur and sulphur products |
Pesticides (including insecticides, fungicides, and rodenticides) |
Radioactive substances, insofar as such substances are not otherwise regulated |
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section 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 below provisions shall apply to such improvements.
(2)
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a)
No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
(b)
No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(d)
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(e)
Within any Floodway Area/District, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section 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.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the Township Zoning Hearing Board in accordance with the procedures contained in the applicable sections of the Zoning Ordinance, those procedures contained in the within regulations, and the following:
(a)
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
(b)
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, the 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 section.
(e)
Whenever a variance is granted, the Township Zoning Hearing Board 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.
(f)
In reviewing any request for a variance, the Township Zoning Hearing Board shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional hardship to the applicant.
[3]
That the granting of the variance will:
[a]
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
[b]
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(g)
A complete record of all variance requests and related actions shall be maintained by the Township Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(h)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.
(2)
Specific definitions. As used in this section, 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.
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.
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 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.
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:
(a)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b)
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;
(c)
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(d)
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
[1]
By an approved state program as determined by the Secretary of the Interior; or
[2]
Directly by the Secretary of the Interior in states without approved programs.
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 Township as requiring further study.
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 non-elevation design 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.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after September 29, 2017, and includes any subsequent improvements to such structures. Any construction started after September 30, 1981, and before September 29, 2017, 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
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1981, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1981, 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:
(a)
Built on a single chassis;
(b)
Not more than 400 square feet, measured at the largest horizontal projections;
(c)
Designed to be self-propelled or permanently towable by a light-duty truck;
(d)
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL FLOOD HAZARD AREA (SFHA)
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 180 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 aboveground, as well as a manufactured home.
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, 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, 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.
VIOLATION
The failure of a structure or other development to be fully compliant with the Township'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.
