East Nottingham Township
City Zoning Code

FW (Floodway Area) — The areas identified as "Floodway" in the AE Zone in the Flood Insurance study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

FF (Flood Fringe Area) — The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.

FA (General Floodplain Area) — The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of identified floodplain area which is nearest the site in question.

Agricultural, horticultural, and forestry uses, excluding any structures, and excluding any grading or filling.

Public and private parks and/or recreation areas, excluding swimming pools, campgrounds, and any structures. Picnic tables, park benches, fireplaces, grills, and playground equipment shall be permitted, if anchored to prevent flotation.

Activities related to the preservation and conservation of natural resources and amenities, excluding any structures; installation and/or enhancement of riparian buffer vegetation.

Stream improvements, fish and farm ponds, dams, or stream relocations, as approved by the Pennsylvania Department of Environmental Protection and, as appropriate, in consultation with the Pennsylvania Fish and Boat Commission and/or the U.S. Fish and Wildlife Service.

Erosion and sedimentation control measures, facilities, and structures, provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

Yards and open space areas.

One- and two-strand fences.

Culverts, bridges, and the approaches to such culverts and bridges, as also approved by the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers.

Water-oriented uses and structures, such as fish hatcheries, water-monitoring devices, water wheels, and weirs.

Parking lots, loading areas, driveways, and any other paved at grade surfaces.

Floodproofing and flood hazard reduction structures for nonconforming uses and structures.

Improvements and/or additions to existing structures within the Floodplain Conservation District.

Hydropower plants.

Fire protection facilities for the purpose of collecting and storing water for fire protection purposes.

The placing or stripping of topsoil or fill material of any kind.

Modification or waivers of the otherwise applicable terms of this section regulating nonconforming uses and structures, with respect to historic structures, as provided in Subsection 6.

To prepare land for a use permitted by this chapter or by action of the Zoning Hearing Board. Where clear-cutting is proposed in conjunction with the site of a stormwater management basin, such clear-cutting shall be authorized only when in accordance with an approved plan for development which the basin is to serve.

As a reforestation measure.

As a means to eliminate dead, diseased, or hazardous tree stands.

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.

Herbicides or pesticides (including insecticides, fungicides, and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated.

Any other dangerous materials or substances regulated by the appropriate federal or state agencies, or any materials or substances which may be added to the list contained in the Flood Plain Management Act, 32 P.S. § 679.101 et seq., subsequent to enactment of this chapter or which may be deemed similar thereto.

Placed on a permanent foundation.

Anchored to resist flotation, collapse, or lateral movement.

Elevated so that the lowest floor of the home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.

No modification, alteration, repair, reconstruction, or improvement of any structure in the Floodway (FW) shall be permitted that will cause any increase in the one-hundred-year flood elevation.

The proposed change is consistent with the spirit, purpose, and intent of this chapter.

The proposed use is feasible and suitable in relation to the land use capabilities of the property in question, particularly its capabilities in terms of a suitable water supply, drainage, sewage disposal, topography, soil conditions, and ecological considerations.

The proposed change will serve the best interests of the Township, the convenience of the community, where applicable, and the public welfare.

The adequacy of sanitation and public safety provisions, where applicable, is assured and a certificate of adequacy or permit for sewage and water facilities has been obtained from the appropriate governmental agencies required herein or deemed advisable by the Zoning Hearing Board.

If improvements to the Floodway (FW), or any filling or alterations to the elevation of the ground in the Floodway (FW) or Flood Fringe (FF), or any alterations or relocations of any perennial stream are contemplated, the Zoning Hearing Board shall determine that the applicant:

Any permissible modification, alteration, repair, reconstruction, expansion, or improvement of any kind to a nonconforming structure or use located in the Flood Plain Conservation District to an extent or amount less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.

Any modification, alteration, repair, reconstruction, expansion, or improvement of any kind to a nonconforming structure or use, regardless of location within the Floodplain Conservation District, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this and any other applicable ordinances.

All structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of flood water.

The Zoning Hearing Board shall have the right to waive any of the requirements of this Subsection 6 for any structure or site listed in or determined eligible for the National Register of Historic Places or the Pennsylvania Inventory or Register of Historic Places or its equivalent. To be eligible to be considered for such a waiver, the site or structure must be identified as an Historic Site on the Historic Register. In deciding upon any request for such a waiver, the Board shall be guided by the criteria in Subsection 8, Hardships, and shall follow the procedures for acting on special exceptions as specified in Part 22 of this chapter. The Board shall consider: (a) the appropriateness of the proposed activity in relation to the quality and integrity of the historic structure; (b) the degree to which the requested waiver will be essential in preserving the structure; (c) the preservation benefits of the proposed activity against its potential impact on flood heights and velocities; (d) the flood hazards attendant to the structure itself; and (e) consistency of the proposed waiver with FEMA requirements.

Nonresidential Structures.

Residential Structures. No basement shall be permitted in residential structures. First floor levels in residential structures shall be constructed at or above an elevation of 1 1/2 feet above the elevation of the one-hundred-year flood.

Fill shall extend laterally 15 feet beyond the building line from all points.

Fill shall consist of soil or small rock materials only. Sanitary land fills shall not be permitted.

Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data, justifying steeper slopes, are submitted to and approved by the Township Engineer.

Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

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

All buildings and structures shall be firmly anchored to prevent flotation, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.

All air ducts, large pipes, and storage tanks located at or below the first floor level shall be firmly anchored to prevent flotation.

Wood flooring used at or below the lowest floor level shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.

All finished flooring used at or below the lowest floor level shall be made of materials which are dimensionally stable and resistant to water damage resulting from submersion for at least a 48-hour period.

All carpeting or carpet cushions employed as a finished flooring surface at or below the lowest floor level shall be made of materials which are resistant to water damage resulting from submersion for at least a five-day period.

Plywood used at or below the lowest floor level shall be of any "exterior" or "marine" grade and of a water-resistant or waterproof variety.

Basement ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.

All electric water heaters, furnaces, and other critical electrical installations shall be permitted only at elevations of 1 1/2 feet or more above the level of the one-hundred-year flood.

No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Water heaters, furnaces, and other critical mechanical installations shall be permitted only at elevations of 1 1/2 feet or more above the level of the one-hundred-year flood.

No part of any on-site sewage disposal system shall be constructed within the Floodplain Conservation District.

Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of flood waters into the systems and discharges from the systems into flood waters.

All gas and oil supply systems and all other utilities shall be designed to preclude the infiltration of flood waters into the systems and discharges from the systems into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

Adhesives used at or below the lowest floor level shall have a bonding strength that is unaffected by inundation.

Doors and all wood trim at or below the lowest floor level shall be sealed with a waterproof paint or similar product.

Paints or other finishes used at or below the lowest floor level shall be capable of surviving inundation.

International Building Code (IBC) 2009, 2015, and any supporting codes or appendix: §§ 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2009, 2015, and any supporting codes or appendix: §§ R104, R105, R109, R323, Appendix AE101, Appendix E, and Appendix J.

In the case of applications for permitted uses, make an appeal to the Zoning Hearing Board for a variance in accordance with the provisions of Part 22 of this chapter.

In the case of an application to the Zoning Hearing Board for a special exception under the provisions of Subsection 4, supply additional testimony and evidence to the Zoning Hearing Board as part of the request for relief from such hardship.

The Zoning Hearing Board shall not grant a variance or special exception for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation.

The Zoning Hearing Board shall grant special exceptions only upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the special exception would result in substantial hardship to the applicant, and (c) a determination that the granting of a special exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisance, fraud on or victimization of the public or conflict with existing local laws or ordinances.

The Zoning Hearing Board shall grant a special exception only upon determination that it is the minimum necessary to afford relief, considering the flood hazard. In the case of requirements for floodproofing, the highest feasible class of floodproofing as defined by floodproofing regulations promulgated by the Office of the Chief of Engineers, U.S. Army, shall be provided.

The Zoning Hearing Board shall notify the applicant in writing over the signature of the Chairman of the Zoning Hearing Board that (a) the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, and (b) such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in Subparagraph (5), below.

The Zoning Hearing Board shall (a) maintain a record of all decisions, including justification for their issuance, and (b) report such decisions issued to the Township Secretary for purposes of inclusion in the annual report submitted by the Township to the Federal Insurance Administrator.

No special exception or variance shall be granted for any requirement pertaining to developments which may endanger human life (as described in Subsections 4D, F, H, I, and J of this section), in accordance with the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq.

Upon receiving an application for a special exception or variance, the Zoning Hearing Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following material as is deemed necessary by the Board:

In considering any application for a special exception or variance, the Zoning Hearing Board may request at the hearing the testimony of any Township board, commission, or technical advisor concerning the extent to which the proposed use would (a) diminish the capacity of the Floodplain Conservation District to store and absorb flood waters, to moderate flood velocities, and to accommodate sediment; (b) be subject to flood damage; (c) cause erosion and impair the amenity of the Floodplain Conservation District; or (d) adversely affect the area contiguous to the Floodplain Conservation District as well as areas downstream; or on any other pertinent aspect of the case.

In all proceedings before the Zoning Hearing Board, including application for special exception from the provisions of this section, the burden of proof shall be on the applicant to show that the use requested will be in general conformity with the objectives of this section, that proper safeguards will be observed, and that the use will not be injurious to the public health, safety, and general welfare.

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location including address.

Listing of other permits required.

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

A plan of the site showing exact size and location of proposed construction and any existing buildings or structures.

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.

All utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

A completed building permit application form.

A plan of the entire site, drawn at a scale of one inch equals 100 feet or less, showing the following:

Plans of all proposed buildings, structures, and other improvements, drawn at suitable scale showing the following:

The following data and documents:

Start of Construction. The start of construction, as defined by this chapter, and its completion shall occur within the time frames established for zoning permits in § 27-2104, Subsection 2, of this chapter.

Inspection and Revocation.

A wetlands delineation shall be performed on any site where a determination of net tract or net lot area is required.

A wetlands delineation shall be performed and, as determined necessary, a jurisdictional determination shall be obtained for any site where required by any other applicable permit or plan review process.

An earthmoving plan of the property which indicates existing grades, with contour lines at two-foot intervals. Proposed grades within the area of any proposed activity, disturbance, or construction also shall be shown. All areas with slope exceeding 15% shall be shaded accordingly. In addition, where the property contains an area with slope exceeding 25%, such area shall be delineated and distinguished from the balance of the steep slope area.

A site plan indicating existing and proposed structures, on-site sewage facilities, on-site water supply wells, other impervious surfaces, storm drainage facilities, and retaining walls. The site plan also shall locate and identify existing vegetation and ground cover within areas of steep slope, as well as proposed landscaping material to be installed.

Architectural plans, elevations, and sections.

A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.

An erosion and sedimentation control and drainage plan, as it applies to all site disturbance activities including maintenance of the erosion and sedimentation control structures. The drainage plan shall show all drainage features and structures, with supporting calculations.

Plan profile and typical cross-sections of any proposed street, emergency access, or driveway.

A statement, signed by the owner or future occupant at the time of subdivision, land development, or building permit application, that there is a full understanding of any difficulties associated with access stemming from steep slopes.