Haverford Township City Zoning Code
ARTICLE VI
Regulations for Institutional, Recreation and Open Space and Floodplain Conservation Districts
§ 182-601 Statement of intent.
In addition to the goals listed in § 182-102 of this chapter, the districts established in this Article are intended to achieve the following:
A.
To preserve the open character of large areas of the Township which are now dominated by or are particularly suited to institutional and quasi-public uses.
B.
To encourage a harmonious pattern of institutional development which can mutually benefit the Township and the institutions themselves.
C.
To provide suitable areas for recreation and open space for residents of Haverford Township and to protect the same from encroachment from other types of developments.
D.
To conserve and protect land adjoining streams which periodically overflow their banks in the interest of protecting public health, safety and welfare and to the interest of preserving the ecological balance in such areas.
§ 182-602 INS Institutional Districts.
[Amended 12-12-1977 by Ord. No. 1689]
A.
Specific intent. It is the purpose of this district to encourage the development of institutional uses in accordance with approved standards, to ensure the compatibility of institutional uses with surrounding land use and to promote the planning for the location of future institutional uses serving a regional population.
B.
Use regulations. In any INS District, land, buildings or premises shall be used for any one of the following uses:
[Amended 9-30-1985 by Ord. No. 1934; 10-11-1994 by Ord. No. 2212]
(1)
Uses by right.
(a)
Public community center, public library or public park, after providing opportunity for public comment on the proposed facility consistent with the state's open meeting laws.
(b)
Municipal building or municipal public works facility, after providing opportunity for public comment on the proposed facility consistent with the state's open meeting laws.
(c)
Churches, chapels, convents or similar religious institutions, including rectories or parish houses.
(2)
Conditional uses if authorized by the Board of Commissioners after review by the Township Planning Commission and in accordance with the procedures for conditional uses provided in Article XII of this chapter.
(a)
General, medical or surgical hospitals, mental health care agencies or facilities, convalescent or nursing homes or similar health facilities.
(b)
Public or private educational institutions, including colleges, elementary and secondary schools and nursery schools, but not including business or trade schools, dance studios or similar facilities.
(c)
Cemeteries and crematoriums, provided that no crematorium shall be located closer than 200 feet to a residential district boundary line.
(d)
Governmental uses and facilities not specifically defined above.
(3)
Uses by special exception. The following additional uses, whether as a primary or accessory use when authorized by the Zoning Hearing Board as a special exception:
(a)
The installation and/or construction of satellite dishes, earth station satellites and television satellites.
(4)
Accessory uses. Only the following accessory uses shall be permitted:
(a)
Playfields or recreational or fitness facilities in conjunction with a permitted main use.
[Amended 3-12-2012 by Ord. No. 2658]
(b)
Dormitories.
(c)
Day care, as an accessory use to a church or public school, provided that off-street parking requirements for the main use have been met.
(d)
Living accommodations for watchmen or caretakers of the permitted institution.
(e)
Offices of staff doctor.
(f)
Dining or food service establishments when operated in conjunction with a public use identified in § 182-602B(1)(a) above, including a takeout window or food kiosk.
[Added 3-12-2012 by Ord. No. 2658]
(g)
Solar energy equipment.
[Added 3-12-2012 by Ord. No. 2657]
C.
Area and bulk regulations. The following regulations shall be observed:
(1)
Lot size: two acres minimum.
(2)
Street frontage: 150 feet minimum.
(3)
Building coverage: 20% maximum.
(4)
Front yard: 100 feet minimum.
(5)
Side yards: 50 feet minimum each.
(6)
Rear yard: 75 feet minimum.
(7)
Height: 35 feet maximum or three stories; provided, however, that the height of a building may be increased to a maximum height of 60 feet or five stories by providing two feet of additional front, rear and side yard setbacks for each one additional foot of height of the building above 35 feet.
[Amended 1-10-2000 by Ord. No. 2327]
(8)
Impervious surface ratio: 40% maximum.
[Added 12-13-1993 by Ord. No. 2189]
D.
Special development regulations. The following regulations shall be observed:
(1)
In the case of living accommodations accessory to a main institutional use as permitted in Subsection B(2) hereof, the lot area, exclusive of that provided around a main building, shall not be less than 1,200 square feet per apartment and not less than 10,000 square feet per individual house intended for occupancy by the family of a resident staff member or other employee of an institution.
(2)
The tract of land on which each permitted use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit, with common open spaces, parking, utility, maintenance and service facilities and services.
E.
Future use of institutional lands.
(1)
Because of the unique character of institutional land, it is not necessarily true that land zoned so as to permit one institutional use by right or by condition may be suitable to permit another use of a different character even though that use may also be permitted as a use by right or by condition in the Institutional District.
(2)
It is the intent of this section that provision be made to ensure a reasonable choice of appropriate uses for a property presently zoned for institutional use. In the event of the nonuse, abandonment or change in the current use of any institutionally zoned land, the Planning Commission, on its own motion or upon petition for rezoning, shall review the specific site and make a recommendation to the Board of Township Commissioners concerning the most appropriate use for the site and shall recommend a zoning district classification for the Zoning Map to accommodate such use.
(3)
No substantial change to the use or character of the use or occupancy of any existing institutional facility, whether it is a use by right, conditional use or use by special exception or whether such change is implemented by the current owner or occupant of the facility, may be made without first receiving permit approval from the Haverford Township Zoning Officer, so that a determination may be made that the proposed change is consistent with the provisions and intent of this Code. Such permit must be applied for pursuant to the provisions of § 182-902 of this chapter.
[Added 10-11-1994 by Ord. No. 2212]
F.
Off-street parking regulations. Off-street parking regulations shall be as required by § 182-707 of this chapter, except that no parking shall be allowed within 50 feet of an R-1, R-2 or R-3 Residential District or within 25 feet of an R-4-or-higher-density residential district.
G.
Off-street loading regulations. Off-street loading regulations shall be as required by § 182-708 of this chapter.
§ 182-603 ROS Outdoor Recreation and Open Space Districts.
A.
Specific intent. It is the purpose of this district to encourage the provision of outdoor recreational opportunities, to protect existing outdoor recreational uses, to promote the planning for future sites in accordance with the comprehensive park and recreation plan of the Township and to preserve and maintain open space within Haverford Township.
B.
Use regulations.
(1)
Uses by right. In any ROS District, land or premises shall be used by right for only one or more of the following uses:
(2)
Accessory uses. Only the following accessory uses shall be permitted:
(a)
Accessory uses on the same lot with and customarily incidental to any of the uses permitted in the district, including signs as permitted in § 182-701, storage facilities, snack bars, pro shops and offices associated directly with the permitted use.
(b)
Solar energy equipment.
[Added 3-12-2012 by Ord. No. 2657]
(3)
Specific declaration of use intent. The intent of this section is to encourage uses which will allow the enjoyment of recreation and open space land with minimal detrimental impact on the land and its resources. Accordingly, the Board of Commissioners specifically states that it does not intend the uses permitted in this district as either primary or accessory uses to be interpreted so as to allow such intensive recreational uses as amusement parks, racetracks, day camps or permanent stadiums, except that bleacher seats accommodating up to 50 individuals may be erected in conjunction with permitted playing fields or courts.
C.
Area and bulk regulations.
(1)
No structures shall be permitted in an ROS District unless such structures are clearly incidental to the primary use of the land and are intended for accessory uses as permitted by Subsection B(2) hereof.
(2)
Regulations for accessory structures shall be as follows:
(a)
Lot size: no minimum.
(b)
Street frontage: none required.
(c)
Building coverage: 5%.
(d)
Front yard: 75 feet minimum.
(e)
Side yard: 35 feet minimum for each side yard.
(f)
Rear yard: 50 feet minimum.
(g)
Height: 12 feet or one story.
(h)
Impervious surface ratio: 15% maximum.
[Added 12-13-1993 by Ord. No. 2189]
D.
Off-street parking regulations. Off-street parking regulations shall be as required by § 182-707 of this chapter.
§ 182-604 FPC Floodplain Conservation Districts.
[Amended 3-13-1977 by Ord. No. 1670; 12-13-1993 by Ord. No. 2188; 12-14-2009 by Ord. No. 2587]
A.
Statutory authorization and specific intent.
[Amended 4-8-2013 by Ord. No. 2685]
(1)
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, 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, the Board of Commissioners of the Township of Haverford does hereby order as follows.
(2)
Specific intent. It is the intent of this section to regulate development of lands in the Township which are subject to periodic flooding for the following purposes:
(a)
To protect the ecology of the floodplain and promote the general health, safety and welfare of the community.
(b)
To encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future or downstream bank erosion.
(c)
To minimize danger to public health and safety by protecting water supply, sanitary sewage disposal and natural drainage.
(d)
To reduce financial burdens imposed on the community, its governmental units and its residents by preventing the unwise design and construction of development in areas subject to flooding.
B.
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, the construction, reconstruction, substantial improvement, enlargement, alteration or relocation of any structure (including manufactured homes) or any other development of a structure or grounds within an identified one-hundred-year floodplain area or flood-prone area as set forth in the Flood Insurance Study (FIS) and on its attached Flood Insurance Rate Maps (FIRMs) prepared and approved by the Federal Emergency Management Agency, Community No. 420417, Map Panel Numbers 42045C0038F, 42045C0039F, 42045C0043F, 42045C0101F, 42045C0102F, 42045C0104F, 42045C0106F, 42045C0107F and 42045C0108F, dated November 18, 2009, or any revisions or amendments thereto, and made a part thereof by reference, including any digital data developed as part of the flood study, unless an approved building permit has been obtained from the Township Code Enforcement Office. The above referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Township of Haverford and declared to be a part of this chapter.
[Amended 9-8-2015 by Ord. No. 2759]
C.
Severability, abrogation and greater restrictions.
[Amended 9-8-2015 by Ord. No. 2759]
(1)
If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
(2)
This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other Code provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
D.
Liability. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes in the identified floodplain area(s). Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris or upstream development. This section does not imply that areas outside any identified floodplain areas will be free from flooding or flood damages. This section shall not create liability upon the Township, its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
E.
Administration.
[Amended 4-8-2013 by Ord. No. 2685]
(1)
The Township Zoning Officer, having been designated to administer and enforce this chapter at § 182-901A, shall be referred to herein as the Floodplain Administrator. The Floodplain Administrator will fulfill the duties and responsibilities set forth in these regulations and may, at his/her discretion, delegate such duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, 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.
(2)
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Haverford Township Manager or his designee.
(3)
No encroachment, alteration, relocation 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 and until all adjacent municipalities which may be affected by such action have been notified by the Haverford Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development.
(4)
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least .50 lot or at least five acres, whichever is the lesser, all or partially located in flood hazard 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.
(5)
Building permit(s) shall be required before any proposed construction or development is undertaken within any identified floodplain or flood-prone area of Haverford Township. The Township Floodplain Administrator shall issue a building permit after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances. No building permit shall be issued until all other required permits have been obtained from any other office or agency.
(6)
Application procedures. Applications for such a building permit shall be made in writing to the Township Floodplain Administrator on forms supplied by the Township. Such applications shall include the following minimum information:
[Amended 9-8-2015 by Ord. No. 2759]
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction is to occur.
(c)
Name and address of constructor.
(d)
Location of site.
(e)
If the proposed construction involves new construction, the horizontal expansion or addition to or substantial improvement of an existing structure within an identified flood prone area, an elevation certificate prepared by a licensed professional engineer or land surveyor with the proposed lowest floor, basement and floodproofing elevations based upon North American Vertical Datum of 1988 shall be provided.
(f)
Brief description of proposed work and estimated cost.
(g)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(h)
The date of construction of the existing structure.
(i)
The current market value of the existing structure.
(7)
Building permits. A copy of all applications and plans for new construction in any flood-prone area to be considered for approval shall be submitted by the Township Floodplain Administrator to the following offices or agencies for recommendations and/or comments:
(8)
Other permit issuance requirements. Prior to the issuance of any building permit, the Floodplain Administrator shall review the application for a permit to determine if all other necessary governmental permits, such as those required by state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act;[1] the Water Obstruction Act of 1913;[2] and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.
(9)
Changes/as-builts. After the issuance of a building permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. A certificate by an engineer or surveyor must be filed with the Code Enforcement Office in accordance with Ordinance No. 1960, Chapter 58, Building Construction, § 58-2C.
(10)
Placards. In addition to the building permit, the Floodplain Administrator shall issue a placard which shall be conspicuously displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit and the date of its issuance and shall be signed by the Floodplain Administrator and Building Code Official.
(11)
Provisions involving time limitations for the validity of a permit, inspection requirements, revocation procedures and required permit fees shall be governed under Chapter 58, Building Construction, of the General Laws of Haverford Township, and are hereby incorporated as if fully set forth herein.
(12)
Notices; hearings; orders; appeals.
(a)
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall:
[1]
Be in writing.
[2]
Include a statement of the reasons for its issuance.
[3]
Allow a reasonable time for the performance of any act it requires.
[4]
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served with such notice by any other method authorized or required by the laws of this state.
[5]
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulations adopted pursuant thereto.
(b)
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this section, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Township Zoning Hearing Board, provided that such person files with the Township Zoning Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 30 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Township Zoning Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later that 60 days following the date on which the petition was filed.
(c)
Findings and order. After such hearing, the Township Floodplain Administrator and Township Zoning Hearing Board shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in § 182-604E(9)(a).
(d)
Record and appeals. The proceedings at such a hearing, including the finding and decision of the Zoning Hearing Board, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Township of Haverford. Any person aggrieved by a decision of the Zoning Hearing Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
(13)
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this section or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator, the Haverford Township Zoning Hearing Board or any other authorized employee of the municipality shall be guilty of an offense and shall be subject to the enforcement remedies and penalty provisions contained in § 182-901G and H of this chapter. In default of any fine or penalty imposed by a court of competent jurisdiction, such person shall be imprisoned in county prison for a period not to exceed 10 days.
F.
Floodplain provisions/variances.
(1)
No construction or development.
(a)
No construction, development, fill or other placement of an obstruction shall take place within any identified floodplain or flood-prone area of the Township of Haverford.
(b)
Repairs, improvements or modifications to an existing structure which amount to less than 50% of the market value are permitted, provided that such work does not result in the horizontal expansion or enlargement of the structure.
(c)
Water and sanitary sewer facilities and systems are permitted to be repaired or replaced, subject to the following:
[Added 4-8-2013 by Ord. No. 2685]
[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.
(2)
Identification.
(a) FLOOD-FRINGE AREA FLOOD-PRONE FW (FLOODWAY AREA) GENERAL FLOODPLAIN AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the FIS, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the FIS.
Those areas denoted as having alluvial soils on the most recent soil survey of the Soil Conservation Service,[3] United States Department of Agriculture, or any area measured 50 feet landward from the top-of-bank of any watercourse.
The areas identified as "floodway" in the AE Zone in the Flood Insurance Study (FIS) prepared by 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 FIS.
Those areas of the Township of Haverford which have been 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 the identified floodplain area which is nearest the construction site in question. In lieu of the above, the applicant may be required to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
[3]
Editor's Note: Now the Natural Resources Conservation Service.
(b)
The identified floodplain area may be revised or modified by the Township Board of Commissioners where studies or information, provided by a qualified agency or person documents the need for such revision or modification. However, prior to any change to the special flood hazard area, approval must be obtained from the Federal Emergency Management Agency. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
[Amended 4-8-2013 by Ord. No. 2685]
(c)
Should a dispute concerning any identified floodplain boundary arise, any party aggrieved by such determination may appeal from any decision by the Township Floodplain Administrator or any other authorized employee of the municipality. The burden of proof shall be on the appellant. 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 any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a conditional letter of map revision (CLOMR) are required are:
[Amended 4-8-2013 by Ord. No. 2685]
(3)
Variances.
(a)
All of the information required in § 182-1005, as well as:
[1]
A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:
[a]
All such proposals are consistent with the need to minimize flood damage.
[b]
The proposed lowest floor and basement elevations based upon North American Vertical Datum of 1988.
[c]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.
[d]
Adequate drainage is provided so as to reduce exposure to flood hazards.
[2]
Such plan shall also include existing and proposed contours; the elevation of the one-hundred-year floodplain, flood depths, velocities and other applicable information such as pressures and impact and uplift forces associated with the one-hundred-year flood; size of structures; location and elevations of streets; water supply and sanitary sewage facilities; soil types; and floodproofing measures.
[3]
Sufficient details for the following shall be submitted to assure:
[Added 4-8-2013 by Ord. No. 2685[4]]
[a]
All buildings and structures (including manufactured homes) shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement;
[b]
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;
[c]
Building materials are flood-resistant;
[d]
Appropriate practices that minimize flood damage have been used;
[e]
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
[f]
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. 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, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
[4]
Editor's Note: This ordinance also provided for the renumbering of former Subsection F(3)(a)[3] as Subsection F(3)(a)[4].
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces and other hydrodynamic and buoyancy factors associated with the one-hundred-year flood. Such statement shall include a detailed description of the type and extent of floodproofing measures which have been incorporated into the design of the structure, including the design requirements for water and sanitary sewer provisions in Subsection F(1)(c) above. The statement should also provide supplemental information as may be necessary under 34 Pa. Code, Chapters 401 to 405, as amended, and any applicable provisions of the International Building Code or International Residential Code in effect at the time of permit application.
[Amended 4-8-2013 by Ord. No. 2685]
(b)
Notwithstanding the provisions of this section, no variance shall be granted for:
[2]
The commencement of, or any construction of, a new manufactured home park or manufactured home park, subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[3]
Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume of any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:
[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.
(c)
If granted, a variance shall involve only the least modification necessary to provide relief. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations (60.3), including the requirements for elevation, floodproofing and anchoring and no increase in the one-hundred-year flood elevations within the floodway. Within any identified floodplain area, the lowest floor (including basement) of any new construction, or any substantial improvement to an existing structure, shall be at least 1 1/2 feet above the one-hundred-year flood elevation. Except for those used solely for the parking of a vehicle, building access, or incidental storage, fully enclosed spaces below the lowest floor shall be prohibited. The applicant must also comply with any other requirements considered necessary by the Zoning Hearing Board.
[Amended 9-8-2015 by Ord. No. 2759]
(d)
In granting any variance, the Township 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 subsection.
(e)
Whenever a variance is granted, the Township shall notify the applicant, in writing, that:
[1]
The granting of the variance may result in increased premium rates for flood insurance.
[2]
Such variances may increase the risks to life and property.
[3]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by Haverford Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by Haverford Township prior to any alteration or relocation of any watercourse.
(4)
Within any identified floodplain area, recreational vehicles shall be prohibited.
[Added 4-8-2013 by Ord. No. 2685]
G. BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN FLOODPROOFING FLOODWAY HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK MINOR REPAIR NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION OBSTRUCTION ONE-HUNDRED-YEAR FLOOD or BASE FLOOD RECREATIONAL VEHICLE(1) (2) (3) (4) SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE (for floodplain management purposes) SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) VIOLATION
Definitions. Unless specifically defined below or as defined in § 182-106B of this chapter, words and phrases used in this section shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this section its most reasonable application.
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
[Added 4-8-2013 by Ord. No. 2685]
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 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.
[Added 4-8-2013 by Ord. No. 2685]
Any area of the building having its floor subgrade (below ground level) on all sides.
See "structure."
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.
[Amended 4-8-2013 by Ord. No. 2685]
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.
[Added 4-8-2013 by Ord. No. 2685]
A general and temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
[Added 4-8-2013 by Ord. No. 2685]
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.
[Added 4-8-2013 by Ord. No. 2685]
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation of that flood more than one foot at any point.
[Amended 4-8-2013 by Ord. No. 2685]
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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 the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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 chapter.
[Amended 4-8-2013 by Ord. No. 2685]
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.
[Amended 4-8-2013 by Ord. No. 2685]
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change or modification in construction, exit facilities or permanent fixtures or equipment.
Structures for which the start of construction commenced on or after April 8, 2013, and includes any subsequent improvements to such structures. Any construction started after July 5, 1977, and before April 8, 2013, 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.
[Amended 4-8-2013 by Ord. No. 2685; 9-8-2015 by Ord. No. 2759]
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.
[Added 4-8-2013 by Ord. No. 2685]
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris, corroding such water, or is a place where the flow of water might carry the same downstream to the damage of life or property.
The flood having a one-percent chance of being equaled or exceeded in any given year.
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 a temporary living quarters for recreational, camping, travel, or seasonal use.
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.
[Added 4-8-2013 by Ord. No. 2685]
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.
[Added 4-8-2013 by Ord. No. 2685]
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
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 costs equal or exceed 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include:
[Amended 4-8-2013 by Ord. No. 2685]
Any project for improvement of a structure to correct existing violation of state or local health, sanitary, or safety code specifications which have been identified by the 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 requirements of this section that do not preclude the structure's continued designation as a historic structure. Documentation that a specific requirement of this section will cause removal of the structure from the National Register of Historic Places or the Pennsylvania inventory of historic places must be obtained from the Secretary of the Interior or the Pennsylvania 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 certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
H.
Abrogation and greater restrictions. The provisions of this section shall supersede any ordinances, codes or portions thereof currently in effect regulating flood-prone areas. However, any ordinance, code or portion thereof shall remain in full force and effect to the extent that its provisions are more restrictive.