Edgmont Township City Zoning Code
ARTICLE XVIII
Flood Hazard District
§ 365-119 Statutory authorization.
A.
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Therefore, a permit shall be required before any construction or development is undertaken within any identified floodplain area of the Township of Edgmont.
§ 365-120 Purpose.
The purpose of this article is to promote the public health, safety and general welfare and to minimize those losses described in § 365-121 by provisions designed to:
A.
Restrict, regulate or prohibit uses which are dangerous to health, safety or property in times of flood or which could cause unacceptable increases in flood heights, frequencies or velocities;
B.
Protect the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas;
C.
Provide areas for the deposition of flood-borne sediment;
D.
Require that uses vulnerable to floods, including public facilities, be protected and/or constructed using floodproofing measures so as to be protected against flood damage, and require that each lot in a Flood Hazard District be provided with a safe building site with adequate access;
E.
Preserve the integrity of stream banks and their immediate vicinity from erosion and degradation of natural vegetation;
F.
Require that, where uses are permitted by grant of variance, notice be given to prospective purchasers and/or lessees that land under agreement of sale or to be placed under such agreement or under lease, or to be leased, is designated as lying either totally or partially within the flood hazard area and/or the flood-prone area.
§ 365-121 Findings of fact.
A.
Flood hazard areas.
(1)
Losses resulting from periodic flooding. The flood hazard areas of Edgmont Township are subject to periodic inundation, which could result or has resulted in loss of property and damage to structures, and may result in loss of life, injury to people, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief, and impairment of the tax base, all of which do or may adversely affect the public health, safety and general welfare.
B.
Flood-prone areas.
(1)
The flood-prone areas of Edgmont Township contain soils subject to flooding and soils subject to localized flooding, which are located primarily adjacent to flood hazard areas, such soils being defined in the Soil Survey for Chester and Delaware Counties, 1963.
(2)
A fifty-foot setback from the top-of-bank of all watercourses, ponds, lakes, or other water bodies.
§ 365-122 Changes in identification of area.
The identified floodplain area may be revised or modified by the Edgmont Township Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision based on physical changes that can affect flooding conditions. Prior to any such change to the special flood hazard area, approval must be obtained from FEMA by submitting technical or scientific data not later than six months after the date such information becomes available.
§ 365-123 Development which may endanger human life.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development (DCED) as required by the Act, any new or substantially improved structures which will be used for the production or storage of any of the following materials or substances, 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 will involve the production, storage or use of any amount of radioactive substances, shall be prohibited as follows:
A.
Acetone.
B.
Ammonia.
C.
Benzene.
D.
Calcium carbide.
E.
Carbon disulfide.
F.
Celluloid.
G.
Chlorine.
H.
Hydrochloric acid.
I.
Hydrocyanic acid.
J.
Magnesium.
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.)
M.
Phosphorus.
N.
Potassium.
O.
Sodium.
P.
Sulfur and sulfur products.
Q.
Pesticides (including insecticides, fungicides and rodenticides.
R.
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 365-124 Activities requiring special permits.
In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166)[1] and regulations adopted by the DCED as required by the Act, both of which as may be amended from time to time, the following obstructions and activities shall be permitted only by special permit if located partially or entirely within any flood hazard area as hereinafter set forth, whenever the district being overlain permits such uses, subject to the provisions of § 365-129 herein:
A.
Hospitals, public or private.
B.
Nursing homes, public or private.
C.
Jails or prisons.
D.
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 365-125 General provisions.
A.
Compliance. No structure, land or water shall thereafter be used and no structure shall be located, constructed, reconstructed, enlarged, extended, converted, or structurally altered in the Flood Hazard District without full compliance with the regulations hereinafter set forth and in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.
B.
Preservation of other restrictions. It is not intended by this article to repeal, abrogate or impair any existing zoning or subdivision regulations, easements, covenants, or deed restrictions, except that where this article imposes greater restrictions its provisions shall prevail.
C.
Warning and disclaimer of liability. While the degree of flood protection required by this article is considered reasonable for regulatory purposes, larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes. In such instances, areas outside the Flood Hazard District or land uses permitted within the district may be subject to flooding or flood damage. 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. For example, the grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any designated Flood Hazard District shall not constitute a representation, guarantee or warranty of any kind by the municipality or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the municipality, its officials or employees.
D.
Overlay concept.
(1)
The Flood Hazard District Map shall be considered as an overlay to the Edgmont Township Zoning Map. As such, the provisions for the Flood Hazard District shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions or requirements of the Flood Hazard District and those of any underlying district, the more restrictive provisions and/or those pertaining to the Flood Hazard District shall apply.
(3)
In the event any provision concerning the Flood Hazard District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
E.
Mapping.
(1)
All mapping shall be in compliance with the applicable regulations of the Federal Emergency Management Agency (FEMA) and Edgmont Township.
(2)
The Flood Hazard District Map is declared to be a part of this chapter and shall be kept on file at the Edgmont Township offices.
(3)
The boundaries of the Flood Hazard District shall be based on:
(a)
Analysis and mapping by the U.S. Army Corps of Engineers or other agency designated by FEMA for purposes of the National Flood Insurance Program;
(b)
Field tests of and measurements from watercourses, field tests of alluvial soils and computations of runoff made by a registered professional engineer, or other person experienced in hydrology, retained or approved by the Township;
(c)
Soil surveys by the U.S. Department of Agriculture, Natural Resources Conservation Service.
F.
Interpretation of district boundaries. The boundaries of the Flood Hazard District shall be determined by scaling distances off the Flood Hazard District Map. Where interpretation is needed concerning the exact location of the boundaries as shown on the Flood Hazard District Map (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), the Zoning Officer shall make an initial interpretation in conjunction with the Township Engineer. Should a dispute arise concerning the interpretation, the Zoning Hearing Board shall, on appeal to it, make the necessary interpretation. The person contesting the location of the district boundary shall have the burden of establishing that land does not lie within the Flood Hazard District.
G.
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 and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
H.
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article XXXIII, then the following provisions apply:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I.
Application procedures and requirements. In addition to other provisions for construction, the following shall apply to the Flood Hazard District:
(1)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Township 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; and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(2)
Applicants shall file the following minimum information, plus any other pertinent information as may be required by the Township to make the above determination:
(a)
A plan of entire site, clearly and legibly drawn to a scale of one inch being equal to 100 feet or less, showing the following:
[1]
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.
(b)
Plans of all proposed buildings, structures and other improvements shall be drawn at suitable scale, showing the following:
§ 365-126 Description of Flood Hazard District.
The Flood Hazard District is comprised by flood hazard areas and flood-prone areas as hereinafter described.
A.
Flood hazard areas.
(1)
The identified floodplain area shall be any area of the Township classified as special flood hazard areas in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps dated November 18, 2009, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revisions thereof, including all digital data developed as part of the FIS.
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Edgmont Township and declared to be a part of this chapter.
(2)
The floodway area is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The floodway areas are shown on the Edgmont Township Flood Hazard District Map. (See 365 Attachment 6.) Such areas are specifically identified as Zone AE in the FIRM and FIS.
[Amended 8-10-2021 by Ord. No. 245]
(3)
The special flood hazard areas inundated by the 100-year flood shall be those areas identified as Zone A and AE in the FIRM and FIS 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.
(4)
The flood-fringe area shall be the AE area adjacent to the floodway 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.
[Amended 9-8-2020 by Ord. No. 241]
B.
Flood-prone area.
(1)
Flood-prone areas shall include soils subject to flooding and soils subject to localized flooding as documented and mapped in the Soil Survey of Chester and Delaware Counties, 1963, by the U.S. Department of Agriculture, Soil Conservation Service. Within Edgmont Township, such are comprised by the following soil types:
(2)
Flood-prone areas shall also include an area of 50 feet measured as a setback from the top of bank from any watercourse, pond, lake or other water body.
§ 365-127 Use regulations.
A.
General use regulations.
(1)
All uses, activities and development occurring within any Flood Hazard District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Edgmont Township Building Code[1] and Chapter 305, Subdivision and Land Development.
(2)
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(3)
Prior to any proposed alteration or relocation of any stream, watercourse and the like, a permit shall be obtained from the PA DEP Bureau of Waterways Engineering and Wetlands. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both FEMA and DCED.
B.
Flood hazard areas.
(1)
Special flood hazard area consisting of the area in the floodplain subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone A or AE (inundated by the 100-year flood). In these areas, no 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.
(a)
Permitted uses. The following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment:
[1]
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
[2]
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas.
[3]
Three-quarters of the front, side or rear yard setbacks provided by the location of buildings on any lot or tract in any district contiguous to the Flood Hazard District; provided, however, that no building shall be placed less than 25 feet from the boundary of any Flood Hazard District.
[5]
Accessory uses customarily incidental to any of the foregoing, except parking as provided in § 365-127B(1)(b) below.
(b)
Uses by special exception. (Refer to Articles XXXII and XXXIII, and to § 365-129 herein.) The following uses and activities may be permitted by special exception, provided they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and further provided that all uses and activities and related development shall be undertaken in strict compliance with the floodproofing provisions contained within this article and all other applicable regulations, codes, ordinances and the like:
[1]
Structures accessory to the uses and activities in § 365-127B(1)(a) above. 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:
[a]
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.
[b]
Floor area shall not exceed 200 square feet.
[c]
The structure will have a low damage potential.
[d]
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
[e]
Power lines, wiring and outlets will be elevated to the regulatory flood elevation.
[f]
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
[g]
Sanitary facilities are prohibited.
[h]
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:
[i]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[ii]
The bottom of all openings shall be no higher than one foot above grade.
[iii]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[2]
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses.
[3]
Water-related uses and activities, such as marinas, docks, wharves, piers, etc.
[4]
Extraction of sand, gravel, rock and any minerals or other materials.
[5]
Temporary uses, such as circuses, carnivals, and similar activities.
[6]
Storage of materials and equipment within a sealed waterproof container, provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
[7]
Other similar uses and activities, provided they cause no increase in flood heights and/or velocities.
C.
Flood-prone areas.
(1)
Permitted uses. All uses permitted in § 365-127B(1)(a) herein.
(2)
Uses by special exception. (Refer to § 365-129.) All uses permitted in § 365-127B(1)(b) herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Conditional uses.
(a)
Stormwater management and soil erosion and sedimentation control facilities and structures.
(b)
The following uses may be permitted as conditional uses, provided no new construction or development is located within the area measured 50 feet landward from the top-of-bank of any watercourse, pond, lake, or other water body.
D.
Existing buildings, structures or uses in any Flood Hazard District. A building, structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions (in addition to satisfying the requirements of Article XXII regarding nonconformities):
(1)
Existing buildings, structures and uses located in the special flood hazard area and flood-fringe area shall not be expanded or enlarged in any way which would cause any increase in the base flood elevation at any point;
(2)
Any modification, alteration, repair, reconstruction or improvement of any kind to a building, structure and/or use located in any Flood Hazard District to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the Flood Hazard District.
(3)
The modification, alteration, repair, reconstruction or improvement or any kind to an existing building, structure and/or use regardless of its location in a Flood Hazard 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.
(4)
Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.
§ 365-128 Development standards.
A.
Elevation and floodproofing requirements applicable to the entire Flood Hazard District.
(1)
Residential buildings and structures. The lowest floor (including basement) of any new residential building and structure, or any substantial improvement to an existing residential building and structure, shall be at least 1 1/2 feet above the 100-year flood elevation.
(2)
Nonresidential buildings and structures.
(a)
The lowest floor (including basement) of any new nonresidential building and structure, or any substantial improvement to an existing nonresidential building and structure, shall be at least 1 1/2 feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b)
Any nonresidential building and structure, or part hereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the 100-year flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the US Army Corps of Engineers (June 1972), 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.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(b)
Partially enclosed space below the lowest floor (excluding basement), which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;
[2]
The bottom of all openings shall be no higher than one foot above grade;
[3]
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
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 stormwater runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water 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 the Flood Hazard District except by conditional use in flood-prone areas and 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.
D.
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 365-123, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed 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 adhesive.
(1)
Paints or other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M.
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N.
Special requirements for manufactured homes.
(1)
Within any floodway area (FW), manufactured homes shall be prohibited.
(2)
Where permitted within any flood hazard district, all manufactured homes, and any improvements thereto, shall be:
(a)
Placed on a permanent foundation.
(b)
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the 100-year flood.
(c)
Anchored to resist flotation, collapse, or lateral movement.
(d)
Installation of manufactured homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the most current version of the International Residential Code or the U.S. Department of Housing and Urban Development's (HUD) Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revisions thereto, shall apply and 34 Pa. Code Chapters 401 to 405.
§ 365-129 Appeals to Zoning Hearing Board.
Except where specifically prohibited in this article, if compliance with the requirements of this article would result in 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 under the following criteria:
A.
Standards and criteria. Appeals to the Zoning Hearing Board with respect to the provisions of this article shall be governed by the terms of Article IX, Sections 909.1 and 913.3, of the Pennsylvania Municipalities Planning Code,[1] as amended; the provisions of Article XXXII, § 365-191, herein and the provisions of this section. In the case of an application for a special exception or a variance, the Board shall consider the following standards and criteria (in addition to the requirements of Article XXXIII), where appropriate, and the applicant shall have the burden of proving that they can be satisfied.
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels during the 100-year flood.
(2)
The danger that materials may be swept onto other lands or downstream to the injury of others and/or their properties.
(3)
The proposed water supply and sanitation systems and ability of these systems to avoid causing disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed use and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the proposed use, and the services provided thereby, to the community.
(6)
The availability of alternative locations not subject to flooding for the proposed use.
(7)
The compatibility of the proposed use with existing and foreseeable nearby uses.
(8)
The relationship of the proposed use to the land use recommendations contained in the Edgmont Township Comprehensive Plan.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(11)
Such other factors as are relevant to the purposes of this article.
[1]
Editor's Note: See 53 P.S. §§ 10909.1 and 10913.3.
B.
Procedure.
(1)
Upon receiving an application for a special exception or a variance hereunder, the Zoning Hearing Board shall require the applicant, at the applicant's expense, to furnish the following materials and information as the Township Engineer shall deem necessary for a complete consideration of the matter by the Board.
(a)
Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses.
(b)
Photographs or videos showing existing uses and vegetation.
(c)
A report describing the soil type or types on the lot and associated soil characteristics and other pertinent information with respect thereto.
(d)
A series of cross sections at such intervals as the Township Engineer may deem necessary along the lot shoreline, showing the stream channel or the lake or pond bottom, elevation of adjoining land areas to be occupied by the proposed uses, and high-water information.
(e)
Profile showing the slope of the bottom of the channel, watercourse, lake or pond.
(f)
Specifications for building materials and construction, floodproofing, filling, dredging, grading, landscaping, storage, water supply and sanitary facilities.
(g)
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses or changes.
(h)
Computation of the increase, if any, in the runoff from the 100-year frequency, twenty-four-hour duration storm, attributable to any proposed uses.
(2)
In consideration of any application for a special exception or variance, the Zoning Hearing Board may, before a hearing, request reports from the Planning Commission and the Township Engineer concerning the extent to which the proposed use would diminish the capacity of the floodplain to store and absorb floodwaters, to moderate flood velocities, and to accommodate sediment; be subject to flood damage; and cause erosion and impair the amenity of the Flood Hazard District. All written reports submitted to the Zoning Hearing Board in advance of or at the hearing shall be made available for inspection at the hearing by any party thereto.
(3)
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
C.
Conditions. Upon consideration of the purposes of this chapter, the Zoning Hearing Board shall attach such conditions and safeguards to the granting of a special exception or a variance as it deems necessary. The following conditions may be included where applicable without limitation because of specific enumeration.
(1)
Modification of waste disposal and water supply facilities.
(2)
Imposition of operational controls, sureties and deed restrictions.
(3)
Limitations on periods of use and operation.
(4)
Floodproofing measures, such as the following:
(a)
Anchorage to resist flotation, collapse or lateral movement of any structure.
(b)
Installation of watertight doors, bulkheads and shutters.
(c)
Reinforcement of walls to resist water pressures.
(d)
Use of paints, membranes or mortars to reduce seepage of water through walls.
(e)
Addition of mass or weight to structures to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
(h)
Pumping facilities for subsurface external foundation wall and basement floor pressures.
(i)
Construction to resist rupture or collapse caused by water pressure or floating debris.
(j)
Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
(k)
Elevation of structures to reduce likelihood of flood damage.
(5)
No variance shall be granted for any construction, development, use or activity within 50 feet from the top of the bank of any watercourse or water body, and within any special flood hazard area that would, together with all other existing and anticipated development, increase the base flood elevation at any point.
D.
Prospective sale. In any case where the Zoning Hearing Board shall grant a special exception or a variance to permit the erection of a structure in the Flood Hazard District, and it shall appear that such premises is to be offered for sale or lease, or the Board grants a special exception or a variance to permit a change in nonconforming use of a structure already existing in the Flood Hazard District, and it shall appear that the premises is to be offered for sale or lease, it shall, for the protection of prospective purchasers and lessees, impose the following conditions:
(1)
Require the applicant to advise prospective purchasers and/or lessees that the lot is located either entirely or partially, as the case may be, in the Flood Hazard District (in the flood hazard area and/or the flood-prone area).
(2)
Require that, before settlement or change in nonconforming use, as the case may be, the purchaser or lessee shall signify, in writing, that he/she has been advised that the premises lies partially or entirely in the Flood Hazard District, and a signed copy of such signification shall be delivered to the Township.
(3)
Where the premises is to be conveyed, the deed shall contain the following provision:
"This lot is entirely (partially) within the Flood Hazard District as defined by the Flood Hazard District provisions of this chapter of Edgmont Township, Delaware County, Pennsylvania."
§ 365-130 Special permit application requirements.
The following shall comprise the application requirements for activities requiring special permits as defined in § 365-124 herein.
A.
Five copies of the following items shall be provided:
(1)
A written request, including a completed building permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
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)
Topography based upon a defined USGS datum, showing existing and proposed contours at intervals of two feet;
(c)
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting or affected by the proposed activity or development;
(f)
The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water, including direction and velocities;
(g)
The location of all existing and proposed buildings, structures, utilities, and any other improvements; and
(h)
Any other information which the Township considers necessary for the adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at a suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations;
(b)
For any proposed building, the elevation of the lowest floor (including basement) and the elevation of any other floor;
(c)
The elevation of the 100-year flood;
(d)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood;
(e)
Detailed information concerning any proposed floodproofing measures;
(f)
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way, cartway and pavement widths;
(g)
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(h)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;
(b)
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood;
(c)
A statement certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life;
(d)
A statement certified by a registered professional engineer, architect, or landscape architect which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows;
(e)
A statement certified by a registered professional engineer, architect, or landscape architect which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows;
(f)
Documentation certified by a registered professional engineer or architect, or landscape architect to show that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point;
(g)
A document certified by a registered professional engineer or architect which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development;
(h)
Detailed information needed to determine compliance with storage and development which may endanger human life, including a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of dangerous materials or substances during a 100-year flood;
(i)
The appropriate component of the PA DEP Planning Module for Land Development;
(j)
Where any excavation or grading is proposed, a plan meeting the requirements of the PA DEP to implement and maintain soil erosion and sedimentation control;
(l)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
B.
Application review procedures. Upon receipt of any application for a special permit by the Township, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
(1)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the DCPD for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall notify the applicant, in writing, stating in what respects the application is deficient.
(3)
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file a written notification, together with the application and all pertinent information, with the Pennsylvania Department of Community and Economic Development, by registered mail, within five working days after the date of approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
Before issuing the special permit, the Township shall allow the Pennsylvania Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Township.
(6)
If the Township does not receive any communication from the Pennsylvania Department of Community and Economic Development during the 30 day review period, it may issue a special permit to the applicant.
(7)
If the Pennsylvania Department of Community and Economic Development should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
C.
Technical requirements for development requiring a special permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:
[1]
The structure will survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.
[2]
The lowest floor elevation (including basement) will be at least 1 1/2 feet above the 100-year flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
(b)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(2)
All 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, and the like shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Department of Community and Economic Development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Any structure for which a special permit is required shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse, pond, lake, or other water body.
(4)
Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
(5)
The provisions of this subsection shall be applicable, in addition to any other applicable provisions of this chapter, or any other ordinance, code or regulation.