Coolbaugh Township City Zoning Code
ARTICLE XV
Floodplain Management
§ 400-137 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, in addition to the authority provided by the Pennsylvania Municipalities Planning Code,[2] this article is adopted as authorized by the Pennsylvania Flood Plain Management Act of 1978.
§ 400-138 General provisions.
A.
Intent. This article is intended to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural drainage.
(4)
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
(5)
Maintain the existing hydrologic regime through the sound management of floodplains for their capacity to convey, transport, store and dissipate flood flow volumes and velocities, to protect water quality and to maintain stream channel stability.
B.
Applicability. This article shall apply to all new construction, development, and improvements, including the placement of fill material, in any identified floodplain area.
(1)
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Coolbaugh Township unless a permit has been obtained from the Floodplain Administrator.
(2)
A permit shall not be required for minor repairs to existing buildings or structures unless required by other provisions of this chapter.
C.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study.
(2)
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 article does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
(3)
This article 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 article or any administrative decision lawfully made thereunder.
D.
Abrogation and greater restrictions. This article 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 article, the more restrictive shall apply.
E.
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the revisions of this article are hereby declared to be severable.
§ 400-139 Administration.
A.
Designation of the Floodplain Administrator. The Coolbaugh Township Zoning Officer is hereby appointed to administer and enforce this article and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(3)
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.
Zoning permits required. A zoning permit shall be required before any construction or development is undertaken within any area of Coolbaugh Township, including identified floodplain areas.
C.
Duties and responsibilities of the Floodplain Administrator. In addition to the duties and responsibilities of the Zoning Officer established by Article XIV, the Floodplain Administrator shall:
(1)
State and federal laws. Prior to the issuance of any permit, 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(2)
Construction codes. The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
D.
Application procedures and requirements. Applications shall be made in accord with § 400-121 of this chapter and, in addition to the information required by § 400-121C, applications shall include the following:
(1)
Listing of other permits required.
(2)
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.
(3)
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:
(a)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d)
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(4)
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.
(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.
(e)
The location of any existing bodies of water of watercourses, identified floodplain areas, limits of earth disturbance, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(5)
Plans of all proposed buildings, structures and other development, drawn at suitable scale showing the following:
(6)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(b)
Documentation, certified by a qualified professional as defined in Article III, to show that the cumulative effect of any proposed development within an AE Area 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.
(c)
A document, certified by a qualified professional as defined in Article III, 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.
(d)
Detailed information needed to determine compliance with § 400-149J, Storage, and § 400-142C(7), concerning materials and substances considered dangerous to human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 400-149J and 400-142C(7) which are intended to be used, produced, stored or otherwise maintained on site.
[2]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 400-142C(7) during a base flood.
(e)
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 and stormwater management.
(7)
Any other pertinent information as may be required by the Floodplain Administrator to determine compliance with this article.
E.
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, Township Engineer, etc.) for review and comment.
§ 400-140 Basic development standard.
In designated floodplain areas, only the following types of activities/development in compliance with this chapter shall be permitted:
A.
Activities/development that are compatible with maintaining the existing hydrologic regime and do not alter the cross sectional dimension of the floodplain and its storage capacity except in compliance with this chapter.
B.
Activities/development permitted under Title 25, Chapter 105, of the Pennsylvania Code, or conveyances required by Title 25, Chapter 102.
C.
Activities/development specifically authorized by this article.
§ 400-141 Identification of floodplain areas.
A.
Identification; FIRM and FIS.
(1)
Identification. The identified floodplain area shall be any areas of the Township classified as a special flood hazard area (SFHA) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated October 16, 1991 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.
Description of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1)
Floodway area. Those areas identified as floodway on the FIRM as well as those floodway areas which have been identified in other available studies or sources of information for those AE areas where no floodway has been identified in the FIS. The floodway represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point.
(2)
AE Area without floodway. Those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.
(3)
A Area.
(a)
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 source shall be used when available. Where other acceptable information is not available, the 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.
(b)
In lieu of Subsection B(3)(a), the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by a qualified professional as defined in Article III, 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.
C.
Changes in identification of area. The identified floodplain area may be revised or modified by the Township 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 the Federal Emergency Management Agency (FEMA). Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of changes to the special flood hazard area by submitting technical or scientific data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, the determination shall be made by the Floodplain Administrator 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.
§ 400-142 Prohibited development.
In identified floodplain areas, the following shall be prohibited:
A.
Buildings. All walled and roofed buildings except on certain nonconforming lots pursuant to § 400-147A, Existing lots or parcels of record.
B.
Floodway. No new construction or development shall be permitted in any floodway area. In the absence of a floodway area, no new construction or development shall be permitted within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection.
C.
Developments of special concern.
(2)
Manufactured home park or subdivision. 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.
(3)
Recreational vehicles. The parking or use of any recreational vehicle unless it is fully licensed and ready for highway use.
(4)
Fill. The placement of fill material that is not associated with a permitted activity.
(5)
Sewage disposal. On-lot or community subsurface sewage disposal systems except on certain nonconforming lots pursuant to § 400-147A.
(6)
Mineral extraction. Structures associated with mining or oil and gas production (e.g., water storage facilities, fluid containment facilities, or well pads).
(7)
Dangerous materials or substances. Any type of development or activity shall be prohibited which will be used for the production or storage of any of the following; or, which will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, which will involve the production, storage, or use of any amount of radioactive substances. The following list of materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(s)
Any other substance as determined by the Township.
§ 400-143 Permitted activities/development.
The following activities/development are permitted in identified floodplain areas provided such activity/development does not involve any activity/development prohibited by § 400-142, Prohibited development:
A.
Agricultural activities.
B.
Plant nurseries.
C.
Forestry and seed production.
D.
Fish hatcheries.
E.
Parking lots constructed to existing grade.
F.
Temporary fairs or carnivals.
G.
Accessory uses for residential purposes.
H.
Private sportsmen's club activities (for example, archery, hunting, horse shoes, etc.).
I.
Athletic facilities.
J.
Orchards.
K.
Wildlife sanctuaries.
L.
Boat launch sites constructed to existing grade.
N.
The parking or use of recreational vehicles which are fully licensed and ready for highway use.
§ 400-144 Unspecified activities/development.
Any activity/development not expressly permitted in § 400-143, Permitted activities/development, shall only be permitted by variance and shall be undertaken only in full compliance with § 400-148, Variances, and § 400-149, Design and construction standards. However, no activity/development shall be permitted which involves any activity/development expressly prohibited by § 400-142, Prohibited development.
§ 400-145 Watercourses; stream banks.
A.
Alteration or relocation of watercourse.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, improvement or development of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action, the Federal Emergency Management Agency, and the Pennsylvania Department of Community and Economic Development have been notified in writing by the applicant by certified mail, and until all required permits or approvals have been first obtained from the Department of Environmental Protection and other applicable agencies.
(b)
The applicant shall provide the Township with proof of the required notifications and copies of any responses.
(c)
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.
(2)
Restoration of unstable stream banks. No stream bank restoration or stabilization projects shall be undertaken until the applicant provides a detailed report addressing the fluvial geomorphology of stable reaches above and below the unstable reach. Any restoration or stabilization project shall include all necessary measures to ensure the maintenance of stability in the adjacent stable reaches of the stream channel.
B.
Letter of Map Revision. Technical or scientific data shall be submitted by the Applicant to FEMA for a Letter of Map Revision (LOMR) as soon as practicable, but within six months of the completion of any new construction, development or other activity resulting in changes in the base flood elevation. The situations when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required are:
(1)
Any development that causes a rise in the base flood elevations within the floodway.
(2)
Any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.
(3)
Alteration or relocation of a stream, including, but not limited to, installing culverts and bridges. This shall not apply to the replacing of culverts.
§ 400-146 Existing structures in floodplain area.
The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure in the identified floodplain area, the following provisions shall apply:
A.
Expansions or enlargements. No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District.
B.
AE area without floodway. No expansion or enlargement of an existing structure shall be allowed within any AE Area without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
AE area without floodway and an area. No permitted expansion or enlargement of an existing structure shall be allowed within 51 feet landward from the top-of-bank of any watercourse within any AE Area which lacks a designated floodway or within any A Area unless necessary permits are obtained from the Department of Environmental Protection.
D.
Danger to human life. No modification, alteration, reconstruction, or improvement of any kind to an existing structure shall be permitted which involves any activity which may endanger human life as listed in § 400-142C(7).
E.
Substantial improvement. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
F.
Less than substantial improvement. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated to the greatest extent possible.
G.
Construction codes. The above activity shall also address the requirements of the 34 Pa. Code, as amended and the 2009 IBC and the 2009 IRC.
§ 400-147 Existing lots or parcels of record and newly created lots or parcels.
A.
Existing lots or parcels of record.
(1)
Wholly in floodplain. In the case where an existing lot or parcel of record is located wholly within an identified floodplain area, notwithstanding the prohibitions of § 400-142, Subsection A, Buildings, Subsection C(4), Fill, and Subsection C(5), Sewage disposal, walled and roofed buildings, accessory uses, fill and on-lot sewage disposal shall be permitted pursuant to the design and construction standards in § 400-149.
(2)
Partially in floodplain.
(a)
In the case where an existing lot or parcel of record is located partially within any identified floodplain area, notwithstanding the prohibitions of § 400-142, Subsection A, Buildings, Subsection C(4), Fill, and Subsection C(5), Sewage disposal, walled and roofed buildings, accessory uses, fill and on-lot sewage disposal shall be permitted in the identified floodplain area pursuant to the design and construction standards in § 400-149, provided the Floodplain Administrator determines that a building envelope meeting all applicable setback, lot coverage, slope limitation and other standards cannot be identified on the parcel outside the identified floodplain area.
(b)
The determination shall be based on documentation provided by the applicant and any other information available.
(c)
Any aggrieved party may appeal the determination to the Zoning Hearing Board.
(3)
AE Area without floodway. In any AE Area without floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE by more than one foot at any point.
B.
Newly created lots or parcels.
(1)
Development purposes.
(a)
After the effective date of this article, every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of an identified floodplain area, except as provided in Subsection B(2), Nondevelopment purposes.
(b)
The subdivision plan and deed for any such lot or parcel shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Township floodplain regulations in effect when such development is proposed.
(2)
Nondevelopment purposes. After the effective date of this article, the subdivision plan and deed for any lot or parcel created for nondevelopment purposes (e.g., forestry or agriculture) which contains any identified floodplain area shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Township floodplain regulations in effect when such development is proposed.
(3)
Prohibited variances. No variance shall be granted for any development in any identified floodplain area affecting any lot or parcel created after the effective date of this article unless a new flood study results in an increase in the identified floodplain area affecting such lot or parcel and which precludes the development of the lot.
C.
Special requirements for subdivisions. All subdivision proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
§ 400-148 Variances.
If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered in accord with § 400-126, Variances, and the following:
A.
Alternatives analysis. No variance shall be granted until the applicant has performed an alternatives analysis to find practicable alternatives to development in the identified floodplain area.
B.
Floodway. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE. Where a variance may be granted, necessary permits shall be obtained from the Department of Environmental Protection. 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 community during the occurrence of the base flood discharge.
C.
AE Area without floodway. No variance shall be granted for any construction, development, use, substantial improvement or activity within any AE Area without floodway that would, together with all other existing and anticipated development, increase the BFE greater than one foot at any point.
D.
AE Area without floodway and A Area. No variance shall be granted for any construction, development, use, substantial improvement or activity within 50 feet landward from the top-of-bank of any watercourse within any AE Area which lacks a designated floodway or within any A Area unless necessary permits are obtained from the Department of Environmental Protection.
E.
Elevation required. Any building permitted by variance shall be elevated to the regulatory flood elevation. Within any identified floodplain area, any new construction or substantial improvement of a residential structure or nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The regulatory flood elevation is defined as the BFE plus a freeboard safety factor of two feet. In A Zones, the regulatory flood elevation shall be determined in accord with § 400-141B(3).
F.
Design and construction standards. Any development permitted by variance shall comply with the design and construction standards of § 400-149 and all other applicable requirements of the National Flood Insurance Program.
G.
Substantial improvements. The Zoning Hearing Board may grant a variance to the prohibition of substantial improvements to existing structures in identified floodplain areas provided all requirements of this section are satisfied.
H.
Developments of special concern. No variance shall be granted for any development of special concern identified in § 400-142C.
I.
Least modification. If granted, a variance shall involve only the least modification necessary to provide relief.
J.
Conditions. In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this article.
L.
Review factors. In reviewing any request for a variance, the Zoning Hearing Board shall determine that the granting of the variance will not:
M.
Record. A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year under this section shall be included in the annual report to the FEMA.
§ 400-149 Design and construction standards.
The following minimum standards, in addition to all applicable National Flood Insurance Program requirements, shall apply to any construction and development approved within any identified floodplain area:
A.
Residential and nonresidential structures.
(1)
In AE 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, 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 § 400-141B(3).
(3)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
B.
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 qualified professional as defined in Article III, 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.
C.
Manufactured homes.
(2)
Installation of manufactured homes shall be done in accordance with the manufactures' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 Pa. Code, Chapters 401 through 405.
(3)
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa. Code, as amended, where appropriate, and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the unit's proposed installation.
D.
Accessory structures. Structures accessory to a principal building need not be elevated 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 100 square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall 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 or movement and shall be designed to automatically provide for the entry and exit of flood water for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a qualified professional as defined in Article III. or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
E.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all points.
(2)
Consist of soil or small rock materials only; sanitary landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
F.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner in accordance with all applicable Township stormwater control requirements. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
G.
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 sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348, Protecting Building Utilities from Flood Damages, and the International Private Sewage Disposal Code shall be utilized.
H.
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.
I.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
J.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 400-142C(7), Dangerous materials or substances, shall be stored at or above the regulatory flood elevation.
K.
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.
L.
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.
M.
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.
N.
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.
P.
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
Q.
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.
R.
Uniform construction code coordination. The Standards and Specifications contained 34 Pa. Code (Chapters 401 through 405, as amended), and not limited to the following provisions shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and/or supplement the requirements of this article.
§ 400-150 Definitions.
Words and phrases used in this articleshall have the meanings set forth in this section. Words and phrases not defined in this article but defined in Article III shall be given the meanings set forth in Article III. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
A flood which has a one-percent chance of being equaled or exceeded in any given year (formerly referred to as "the one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
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.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
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.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
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.
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).
A temporary inundation of normally dry land areas.
The Official Map on which the Federal Emergency Management Agency has delineated both the areas of special hazards and the risk premium zones applicable to the community.
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.
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.
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.
Any structure that is any of the following:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
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.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.
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.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after February 5, 2013, the effective date of this Zoning Ordinance, as amended, and includes any subsequent improvements to such structures. Any construction started after November 4, 1988, the date of the first floodplain management standards adopted by the Township, and before February 5, 2013, the effective date of this Zoning Ordinance, as amended, 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.
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.
An alternative that is available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall project purposes.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) plus a freeboard safety factor of two feet.
An area in the floodplain subject to a one-percent 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.
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 from 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.
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, fences, walls, storage tanks, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.
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.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss," 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.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certificates, 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.