Kelly Township City Zoning Code
PART 6
SUPPLEMENTARY FLOODPLAIN MANAGEMENT REGULATIONS
§ 27-600 General Provisions.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by Ord. No. 10, 9/4/2007]
1.
Purpose. The purpose of these provisions is to:
A.
Promote the general health, welfare and safety of the community;
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
C.
Minimize danger to public health by protecting water supply and natural drainage; and
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
2.
Interpretation of District Boundaries. Where interpretation is needed concerning the exact location of any boundary of any floodplain district, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Zoning Hearing Board and to submit his own technical evidence if he so desires.
3.
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Part is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts, or that land uses permitted within such areas, will be free from flooding or flood damages.
4.
This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other chapter 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 chapter, the more restrictive shall apply.
§ 27-601 Basis for Floodplain Districts.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 10, 9/4/2007; and by A.O.]
1.
Identification.
A.
The identified floodplain area shall be those areas of Kelly Township, which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated September 28, 2007, a Flood Insurance Study dated October 16, 2009, and the accompanying maps prepared for the Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data sources. Any reference to data or datum in this Part 6 shall mean the data or datum on the effective maps.
B.
For the purposes of this chapter, the Flood Fringe and General Floodplain Districts shall be overlays to the existing underlying districts as shown on the Township's Official Zoning Map. As such, the provisions for theses districts shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
2.
Description of Floodplain Areas. The identified floodplain shall consist of the following specific areas:
A.
FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway area which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
B.
FF (Flood-Fringe Area). The remaining portions of the 100-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
C.
FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no 100-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 100-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.
D.
In lieu of the above, the municipality may require the applicant 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.
E.
The identified floodplain area may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).
§ 27-602 Flood Damage Control Provisions.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by Ord. No. 10, 9/4/2007]
1.
In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all new construction, development and substantial improvement occurring in all designated Floodplain Districts.
A.
General Technical Requirements.
(1)
Within the identified floodplain areas, the development and/or use of land shall be permitted provided that such development or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in effect in Kelly Township.
(2)
Within any floodway area, the following provisions shall apply:
(a)
No new construction, development, use, activity, or encroachment shall be permitted that would cause any increase in flood heights.
(b)
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands.
(3)
Within any general floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top of the bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
B.
Elevation and Flood-Proofing Requirements.
(1)
Residential Structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2003 IBC (Sec. 1612.4, 1603.1.6 and 3403.1) and in the 2003 IRC (Sec. R323.1.4, R323.2.1, and R323.2.2) and ASCE 24 (Sec. 2.4 and 2.5, Chap. 5) and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
(2)
Nonresidential Structures.
(a)
Within any identified floodplain area, the elevation of the lowest floor (including basement or cellar) in any new construction or substantial improvement of a nonresidential 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 structure, or part thereof, having a lowest floor (including basement or cellar) which is not elevated to at least 1 1/2 feet above the 100-year flood elevation, shall be flood-proofed 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 U.S. Army Corps of Engineers (June 1972, as amended March 1992), or with some other equivalent standard. All plans and specifications for such flood-proofing 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.
(c)
The design and construction standards and specifications contained in the IBC (Sec. 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1 and 3403.11) and ASCE 24 (Secs. 2.4 and Chap. 7) and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
(3)
Space Below the Lowest Floor.
(a)
Fully Enclosed Spaces. Fully enclosed spaces below the lowest floor (including basement or cellar) are prohibited.
(b)
Partially Enclosed Spaces. Partially enclosed space below the lowest floor which will be used solely for the parking of vehicles, building access, or incidental storage in an area other than a basement or cellar, shall be designed and constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (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 total net area of not less than one square inch for every square foot of enclosed area;
2)
The bottom of all openings shall be no higher than one foot above grade; and
3)
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4)
Other Regulations. All activities referred to in this Subsection 1B shall be in compliance with the provisions of all applicable local, state and federal ordinances, laws, statutes and regulations and the stricter provisions shall apply.
(5)
The design and construction standards and specifications contained in the IBC (Sec. 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1 and 3403.11 and ASCE 24 (Secs. 2.4 and Chap. 7) and 34 Pa. Code Chapters 401 through 405, as amended, shall be utilized.
C.
Design and Construction Standards. The following minimum standards shall apply to all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally 15 feet beyond the building line from all points;
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;
(d)
Be no steeper than one vertical on two horizontal, unless substantiating data, justifying steeper slopes are submitted to and approved by the Zoning Officer;
(e)
Be appropriately stabilized upon completion of compaction to avoid erosion and scouring of the fill material; and
(f)
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (Sec. 1801 and 1803.4) shall be utilized.
(2)
Special Requirements for Manufactured Homes. For the purposes of this chapter, the term manufactured home shall also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes which are placed on a site for more than 180 consecutive days.
(a)
Within any floodway area, all manufactured homes shall be prohibited.
(b)
Where permitted within any flood fringe or general floodplain area, all manufactured homes and improvements, including those that may be substantially damaged as a result of a flood, shall be:
1)
Placed on a permanent foundation;
2)
Elevated so that the lowest floor of the mobile home is 1 1/2 feet or more above the elevation of the 100-year flood; and
3)
Anchored to resist flotation, collapse, or lateral movement.
4)
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2003 International Residential Building Code or the U.S. Department of Housing, 1984 Edition, draft or latest revision thereto and 34 Pa. Code Chapters 401 through 405 shall apply.
5)
Consideration shall be given to the installation requirements of the 2003 IBC (Appendix G, Sec. 501.1-3) and the 2003 IRC (Sec. R323.2, R323.3, R102.7.1, R105.3.1.1 and Appendix AE101, 604 and 605) or the most recent revisions thereto and 34 Pa. Code Chapters 401 through 405, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units(s) proposed installation.
(3)
Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of the floodwater.
(4)
Anchoring.
(a)
All buildings and structures, including mobile homes, shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.
(c)
The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code Chapters 401 through 405, as amended, and contained in the 2003 IBC (Secs. 605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3,) the IRC (Secs. R301.1 and R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.
(5)
Floor, Walls and Ceilings. Where a structure is located at or below the 100-year flood elevation, the following standards shall apply:
(a)
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(b)
Plywood and interior finished walls shall be of any "exterior" or "marine" grade and of a "water-resistant" variety.
(c)
Walls and ceilings shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(d)
Windows, doors and other such components shall be made of metal or other "water-resistant" material.
(6)
Paints and Adhesives. Where a structure is located at or below the 100-year elevation, the following standards shall apply:
(a)
Paints or other finishes shall be of "marine" or other "water-resistant" quality.
(b)
Adhesives shall be of a "marine" or "water-resistant" variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be finished or sealed with a "marine" or "water-resistant" paint or other finishing material.
(d)
The standards and specifications contained in 34 Pa. Code Chapters 401 through 405, as amended, the 2003 IBC (Secs. 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Secs. R323.1.7.).
(7)
(8)
Equipment.
(a)
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.
(9)
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(10)
Water and Sanitary Sewer Facilities and Systems.
(a)
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.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site 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.
(11)
Other Utilities. All other utilities, such as gas lines, electric and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(12)
Streets. The finished elevation of all new streets shall be no more than one foot below the 100-year flood elevation.
(13)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(14)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life (including but not limited to those identified in § 27-606, Subsection 1) shall be stored at an elevation 1 1/2 feet above the 100-year flood and/or be flood-proofed to the maximum extent possible.
§ 27-603 Water Management Uses.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by A.O.]
Uses normally associated with water management projects (such as dams, impoundment basins, culverts, sewers or bridges) may be permitted in any of the floodplain districts irrespective of the underlying zoning district, but shall be subject to approval by the Township Supervisors (following review by the Township Planning Commission) and the Pennsylvania Department of Environmental Protection. In addition, no alteration or relocation of a stream or watercourse may take place without the applicant having first obtained the necessary permit from the Department of Environmental Protection and all other applicable government agencies. Prior to any such alteration or relocation, adjacent communities, the Pennsylvania Emergency Management Agency and the Federal Emergency Management Agency must be notified. Under no circumstances shall any alteration or relocation take place which will lower the flood-carrying capacity of any stream or watercourse.
§ 27-604 Existing Structures in Floodplain Areas.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by Ord. No. 10, 9/4/2007]
1.
A structure, or use of a structure or premises, which lawfully existed in any designated floodplain district before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
A.
Existing structures and/or uses located in the Floodway District shall not be expanded, but may be modified, altered, or repaired to incorporate flood-proofing measures, provided that such measures do not increase the elevation of the 100-year flood.
B.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any floodplain district, to an extent or amount of less than 50% of its market value, shall be flood-proofed and/or elevated to the greatest extent possible.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any floodplain district, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
D.
All activities referred to in this section shall be in compliance with the provisions of all applicable local, state and federal ordinances, laws, statutes and regulations and the stricter provision shall apply.
E.
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.
§ 27-605 Special Provisions for Accessory Structures.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Accessory structures which are proposed to be built in the Flood Fringe or General Floodplain District need not be elevated or flood-proofed 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.
The floor area shall not exceed 600 square feet.
C.
The structure shall have a low damage potential.
D.
The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.
E.
Power lines, wiring and outlets shall be at least 1 1/2 feet above the 100-year flood elevation.
F.
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., shall be prohibited.
G.
Sanitary facilities shall be prohibited.
H.
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters 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 must 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; and
(3)
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.
Individuals should be aware that building a structure as described above could significantly increase the cost of flood insurance for the accessory structure and its contents.
3.
All activities referred to in this section shall be in compliance with the provisions of all applicable local, state and federal ordinances, laws, statutes and regulations and the stricter provision shall apply.
§ 27-606 Development Which May Endanger Human Life.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by A.O.]
1.
Hazardous Materials and Substances. In accordance with the PA Flood Plain Management Act (Act 1978-166),[1] and the regulations adopted by the Pennsylvania Emergency Management Agency and by the Kelly Township Board of Supervisors as required by the Act, as amended from time to time, 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, will be used for any activity requiring the maintenance or 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 subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life.
A.
Acetone.
B.
Ammonia.
C.
Benzene.
D.
Calcium carbide.
E.
Carbon disulfide.
F.
Celluloid.
G.
Chlorine.
H.
Hydrochloric acid.
I.
Hydrocyanic acid.
J.
Magnesium.
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.)
M.
Phosphorus.
N.
Potassium.
O.
Sodium.
P.
Sulphur and sulphur products.
Q.
Pesticides (including insecticides, fungicides, and rodenticides).
R.
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Floodproofing Requirements.
A.
Activities and development of the kind described in Subsection 1 above shall be prohibited in any identified Floodway area.
B.
Where permitted within an identified flood fringe or general floodplain area, any new or substantially improved structure of the kind described in Subsection 1 above shall be:
C.
Any such structure, or part thereof, that will be built below the 100-year flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
D.
In addition, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general health, safety, and welfare of the public.
E.
Except for modification of the freeboard requirements involved, no variance shall be granted for any other requirements of this section.
3.
All activities referred to in this section shall be in compliance with the provisions of all applicable local, state and federal ordinances, laws, statutes and regulations and the stricter provision shall apply.
§ 27-607 Activities Requiring Special Permits.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; Ord. No. 10, 9/4/2007; and by A.O.]
1.
Identification of Activities Requiring a Special Permit. In accordance with the administrative regulations adopted by the Pennsylvania Emergency Management Agency to implement the Pennsylvania Flood Plain Management Act (Act 1978-166),[1] the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Township.
B.
The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Application Requirements. Applicants for special permits shall provide five copies of the following items:
A.
A written request including a completed zoning permit application form.
B.
A small scale map showing the vicinity in which the proposed site is located.
C.
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:
(1)
North arrow, scale and date;
(2)
Topography based upon the datum referenced on the effective maps showing existing and proposed contours at intervals of two feet.
(3)
The location of all existing streets, drives, other accessways, and parking areas, with information concerning width, pavement types, and construction, and elevations;
(4)
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;
(5)
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;
(6)
The location of all proposed buildings, structures, utilities, and any other improvements; and
(7)
Any other information which the municipality considers necessary for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at a suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(2)
For any proposed building, the elevation of the lowest floor (including basement or cellar) and, as required, the elevation of any other floor;
(3)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development";
(7)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and
(9)
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.
3.
Application Review Procedures. Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to all other applicable permit procedures.
A.
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission 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.
B.
If an application is received that is incomplete, the Township shall notify the applicant in writing, stating in what respect the application is deficient.
C.
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Emergency Management Agency, by registered or certified mail, within five working days after the date of approval.
E.
Before issuing the special permit, the Township shall allow the Pennsylvania Emergency Management Agency 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.
F.
If the Township does not receive any communication from the Pennsylvania Emergency Management Agency during the thirty-day review period, it may issue a special permit to the applicant.
G.
If the Pennsylvania Emergency Management Agency 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.
4.
Special Technical Requirements. In addition to any other applicable requirements, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and any other applicable provisions, the more restrictive provision shall apply.
A.
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:
(1)
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:
(a)
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.
(b)
The lowest floor elevation (including basement or cellar) will be at least 1 1/2 feet above the 100-year flood elevation.
(c)
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.
(2)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
B.
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, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Pennsylvania Emergency Management Agency.
C.
In approving any application for a special permit, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this chapter and to protect the general health, safety, and welfare of the public.
D.
Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.
§ 27-608 Administration.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Zoning Permit Requirements. To insure that the aforementioned flood damage controls are being employed in all new construction, development and substantial improvement within any designated floodplain area, including the use of fill, the applicant or developer shall obtain a zoning permit prior to commencement of any such activity. The Zoning Officer shall provide the applicant with information concerning the location of any floodplain district boundary relative to his proposed construction and the water surface elevation of the 100-year flood at the proposed construction site. The applicant shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer 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; and
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
2.
Application Requirements. The Zoning Officer shall require the following specific information, plus other pertinent information as may be required, to be included as part of an application for a zoning permit in order to make the above determination.
A.
A completed zoning permit application form.
B.
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:
(1)
North arrow, scale and date;
(2)
Topographic contour lines, if available;
(3)
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
(4)
The location of all existing or proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision or land development;
(5)
The location of all existing streets, drives, and other accessways; and
(6)
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
C.
Plans of all proposed buildings, structures, and other improvements, drawn at a suitable scale showing the following:
(1)
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
(2)
The elevation of the 100-year flood;
(3)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with a 100-year flood; and
(4)
Detailed information concerning any proposed floodproofing measures.
D.
The following data and documentation:
(1)
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 development and that the same is in compliance with all applicable, local, state and federal ordinances, laws, statutes and regulations. All plans and specifications for 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 standards contained in § 27-602 of this chapter.
(2)
Such detailed information needed as the Township shall determine to be necessary for it to determine if the application is in compliance with the provisions of this chapter:
(b)
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 27-606 during a 100-year flood.
(c)
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
(d)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
3.
Review by the County Conservation District. A copy of all plans for proposed development in any identified floodplain area shall be submitted by the Zoning Officer to the County Conservation District for review and comment at least 14 days prior to the issuance of a zoning permit. The recommendations of the County Conservation District may be incorporated into the plan to provide for protection against predictable hazards. If no comments are received within the 14 days, the Zoning Officer may take action on the Permit.
4.
Review of Application by Others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
5.
Issuance of Zoning Permits. Prior to the issuance of any Zoning Permits, the Zoning Officer shall review the application to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the PA Sewage Facilities Act (Act 1966-537, as amended);[1] the PA Dam Safety and Encroachments Act (Act 1978-325, as amended); the PA Clean Streams Act (Act 1937-394, as amended); the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No Zoning Permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
§ 27-609 Variances in Floodplain Districts.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
In passing upon applications for a variance within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter, state law relative to variances, and the following:
A.
Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places provided that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
B.
Variances may not be granted for any construction, development, use, or activity within any floodway area that would result in any increase in flood levels during the 100-year flood.
D.
If granted, a variance shall involve only the least modification necessary to provide relief.
E.
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
G.
H.
Records of all variance requests and related actions, including their justification shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administrator.
I.
Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.