Lower Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XV
FP Floodplain Conservation District
§ 170-103 Statutory authorization; declaration of legislative intent.
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. The Board of Lower Frederick Township adopts the following provisions pursuant to the authority delegated by the Commonwealth of Pennsylvania as described above.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
In expansion of the declaration of legislative intent and community development objectives contained in Article I of this chapter, the specific intent of this district is to:
(1)
Protect areas of floodplain subject to and necessary for the containment of floodwaters.
(2)
Minimize danger to public health by protecting water supply and natural drainage.
(3)
Permit and encourage the retention of open space land while providing for such uses and development as are compatible with these objectives.
(4)
Provide regulations to ensure eligibility for owners of flood-prone properties, in compliance with the requirement for federal flood insurance.
(5)
Establish certain restrictions which are necessary within the floodplains to protect the general health, welfare, and safety of the community.
(6)
Prevent the erection of structures in areas unsuitable by reason of danger from flooding.
(7)
Minimize danger to public health by protecting surface and subsurface water supplies and promoting safe and sanitary drainage.
(8)
Permit certain uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters, or otherwise cause danger to life and property at, above, or below their locations along the floodway.
(9)
Protect nonconforming properties of individuals who have developed or occupied land in a floodplain prior to enactment of this article.
(10)
Protect the Township from unsuitable uses of land which may cause increased expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(11)
Permit only those uses in the floodplain compatible with the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year.
(12)
Provide sound floodplain management for the benefit of landowners adjacent to the floodplain and for other municipalities within the same watershed, and help protect them from the impact of improper development and the resulting increased potential for flooding.
(13)
Protect the open floodplain to provide for the deposition of floodborne sediment.
(14)
Protect drainage courses which carry abnormal flows of stormwater in periods of heavy precipitation.
(15)
Require that any permitted structures in the floodplain, including public facilities, be constructed so as to be protected from flood damage in accordance with the requirements of the National Flood Insurance Program, P.L. 90-448, and the Pennsylvania Flood Plain Management Act, P.L. 851, No. 166.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 170-104 Abrogation; greater restrictions; severability.
A.
The provisions of Article XV (hereinafter "this article") supersede any other conflicting provisions of the Code, ordinances or resolutions of Lower Frederick Township which may apply to the Floodplain Conservation District.
B.
However, any other provisions of the Code, ordinances or resolutions of Lower Frederick Township shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
C.
If any section, subsection, paragraph, sentence, clause, or phrase in this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
§ 170-105 Limit of Township liability.
A.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. 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. This article does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damage.
B.
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.
§ 170-106 Definition and establishment of district.
The FP Floodplain Conservation District is defined and established as those areas of the Township subject to flooding as defined in Subsections A and B. The use of the words "floodplain" or "flood plain" shall encompass the definition of the Floodplain Conservation District of this article.
A.
The identified floodplain area shall be those areas of Lower Frederick Township which are subject to inundation by the waters of the one-percent annual chance flood, as identified in the Flood Insurance Study (FIS) dated March 2, 2016, or the most recent revision thereof, and the accompanying Flood Insurance Rate Map (FIRM) for Montgomery County dated March 2, 2016, prepared for the Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof. The identified floodplain area shall consist of the following specific areas:
(1)
FW (floodway area): the areas identified as floodway in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(2)
FF (flood-fringe area): the remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study where a floodway has been delineated. 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 Flood Insurance Study.
(3)
FA (general floodplain area): the areas identified as Zone A in the Flood Insurance Study 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.
(4)
The Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by 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.
B.
Additional areas.
(1)
The FP Floodplain Conservation District shall also include soils with a frequency of flooding of 1% or greater per year, as delineated by the Natural Resources Conservation Service, United States Department of Agriculture Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov/), including the following soils:
C.
The Floodplain District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Lower Frederick Township which is hereby made a part of this article, and additional area based on soils as described in § 170-106B. The FIRM is available for inspection at the Township office. Further delineation shall be subject to the following criteria:
(1)
All changes to the Floodplain District are subject to review and approval of FEMA. The Floodplain Conservation District may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision, after submission of technical information or data to FEMA and approval by FEMA of the proposed revision or modification.
(2)
Studies used to establish the floodplain boundaries shall be available in the Township office for reference. Whenever there is a difference between the map and the data contained in the studies, the data contained in the studies shall determine the boundary of the district.
(3)
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by Lower Frederick Township. Any changes in the boundaries of the Floodplain District shall be subject to the review and approval of the Federal Insurance Administrator.
(4)
As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
§ 170-107 Overlay concept.
The Floodplain District shall be an overlay on all zoning districts and shall function in accordance with the following:
A.
For any lot or portion thereof lying within the floodplain, the regulations of the Floodplain District shall take precedence over the regulations of the underlying district.
B.
Should the underlying zoning of any lot or any part thereof which is located in the Floodplain District be changed through any legislative or judicial action, such change shall have no effect on the overlying Floodplain District, unless such change was included as part of the original application.
C.
Should the overlying Floodplain District be declared inappropriate to any lot through any legislative or judicial actions, such change shall have no effect on the underlying zoning district.
§ 170-108 Description and special requirements of Floodplain Conservation District.
A.
The Floodplain Conservation District shall include the following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as floodway on the FIRM as well as those floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS. The floodway represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point.
(a)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas 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.
(3)
The A Area/District shall be the areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent annual chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the Floodplain Conservation District which is nearest the construction site.
B.
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 municipality.
§ 170-109 Uses permitted by right.
The following uses and no others will be permitted by right in the Floodplain District. All such uses shall be subject to the floodproofing requirements as stipulated in this article as well as in other ordinances. Any new construction, development, use, activity or encroachment within the floodway that would cause any increase in the one-hundred-year-flood heights shall be prohibited.
A.
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
B.
Pasture and grazing land with necessary fencing in accordance with recognized soil conservation practices but permitting no structures.
C.
Open space uses that are primarily passive in character shall be permitted to extend into the floodplain, including: wildlife sanctuary, woodland preserve, arboretum, fishing areas and passive recreation or parks, including hiking, bicycle and bridle trails, but including no structures or facilities subject to damage by flooding or likely to inhibit the flow of floodwaters.
D.
Forestry, lumbering, and reforestation in accordance with recognized natural resource conservation practices, but permitting no structure.
E.
Utility transmission lines.
F.
Sealed public water supply wells, with the approval of the Township Engineer.
G.
Watertight sanitary sewers, with the approval of the Township Engineer.
H.
Front, side, or rear yards, and required lot area for any district, provided such yards are not to be used for on-site sewage disposal systems or any structures.
I.
Access driveways to a permitted use, when constructed of pervious materials and the contributing watershed is 99 acres or smaller.
J.
The following floodplain crossings are permitted, provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable:
K.
No structures are permitted by right in the Floodplain District, except the following structures, which are permitted by right provided that if placed within the floodway, there is no rise in the one-hundred-year-flood elevation:
§ 170-110 Prohibited uses.
B.
The following uses, activities and facilities are specifically prohibited:
(1)
Sanitary landfills, dumps, junkyards, and outdoor storage of vehicles and materials.
(2)
On-site sewage disposal systems.
(5)
The construction or substantial improvement of structures which:
(a)
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
(b)
Will involve the production, storage, or use of any amount of radioactive substances; or
(c)
Will involve the production or storage of any of the following substances:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur; sulfur products.
[17]
Pesticides (including insecticides, fungicides, and rodenticides).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
C.
The following uses, activities and facilities are specifically prohibited, and a variance shall not be granted for any such uses, activities or facilities:
(1)
Hospitals (public or private).
(2)
Nursing homes, convalescent homes (public or private), housing or care facilities for the elderly and/or handicapped.
(3)
Jails or prisons.
(4)
New mobile home parks, mobile home subdivisions, manufactured home parks, and manufactured home subdivisions, and substantial improvements to existing mobile home parks and manufactured home parks.
(5)
Mobile homes and manufactured homes not within a park or subdivision and any substantial improvements to them.
§ 170-111 Conditional uses.
The following and no other uses are permitted when authorized as a conditional use by the Board of Supervisors, provided that such use shall meet the standards set forth in this article. Such use shall be permitted subject to reasonable conditions and safeguards as the Board of Supervisors may determine. All conditional uses must meet the requirements of the underlying district.
A.
Game farm, fish hatchery, or hunting and fishing reserve, for the protection or propagation of wildlife, but permitting no structures except as stated in § 170-109.
B.
Recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic area, golf courses, fishing, sport or boating clubs, excluding enclosed structures but permitting piers, docks, floats, or open shelters usually found in developed outdoor recreation areas. Toilet facilities may be acceptable when connected to public water and sewage systems.
C.
Storm sewers or impoundment basins with the approval of the Township Engineer.
D.
Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Township Engineer, the local Sewer Authority, and the Department of Environmental Protection.
E.
Paved roads, driveways, and parking lots.
(1)
No roads or driveways shall be permitted where viable alternative alignments are feasible.
(2)
Parking for temporary uses only may be permitted. No temporary parking shall be permitted unless vehicles are capable of being removed quickly in the event of flash flooding. No overnight or long-term parking is permitted. Parking for recreation uses shall be permitted.
F.
Grading or regrading of lands, including the deposition of topsoils and the grading thereof, and the construction of retaining walls. In addition, an application for a conditional use for such uses shall also be accompanied by a plan indicating the deposition of any fill or material proposed to be deposited by the grading or regrading of land; such fill or other materials shall be protected against erosion by rip-rap, vegetation cover, or bulk-heading.
G.
The relocation of a watercourse, provided it has been approved by the Township Supervisors with the prior recommendation of the Township Planning Commission and the approval of both the Soil Conservation Service, USDA, the Pennsylvania Department of Environmental Protection, Bureaus of Water Quality Management and Dams and Encroachments. Prior to any such relocation, notifications of the proposal shall be sent to all contiguous property owners and communities and the State Coordinator's office. Copies of such notification shall be sent to the Federal Insurance Administration and the Pennsylvania Department of Community and Economic Development.
H.
Any other similar uses not listed are to be considered conditional uses and subject to the requirements herein.
§ 170-112 Administration and enforcement; permits required; application procedures.
A.
The Lower Frederick Township Zoning Officer is hereby appointed to administer and enforce the provisions of this article and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this article, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
B.
A permit shall be required before any construction or development is undertaken within any area of Lower Frederick Township. Permit applications shall be submitted to the Floodplain Administrator. The permit application shall include the following:
(1)
The name and address and phone number of the applicant.
(2)
The name and address of the owner of the land on which construction is proposed.
(3)
The name and address and phone number of the contractor.
(4)
The site location, including address.
(5)
A listing of other permits or variances required.
(6)
A description of proposed work.
C.
The Floodplain Administrator shall determine if the project is or may be within the Floodplain District. If the project is or may be within the Floodplain District, additional information will be required to enable the Floodplain Administrator to evaluate the application relative to the requirements of this article. At the minimum, the application or plans shall include the following:
(1)
The proposed lowest floor elevation of any proposed building, based upon North American Vertical Datum of 1988.
(2)
The elevation of the one-percent annual chance flood.
(3)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with a one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing, certified by a registered professional engineer or architect.
D.
Prior to the issuance of a permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary governmental permits required by federal and commonwealth laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
E.
For a use other than those permitted in § 170-109, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer. The application for conditional use or use by variance shall be accompanied by detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
F.
Special requirements for subdivisions and development.
(1)
All subdivision proposals shall be reviewed to assure that such proposals minimize flood damage.
(2)
Subdivision and development proposals shall provide adequate drainage.
(3)
All subdivision proposals and development proposals containing at least 10 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.
§ 170-113 Procedures for conditional use or variance applications.
B.
The Board of Supervisors or Zoning Hearing Board shall, at least 30 days prior to a public hearing, have the option to request the review and recommendations of the Soil Conservation Service, the Lower Frederick Township Planning Commission, the Montgomery County Planning Commission, and other technical or planning agencies as deemed necessary.
C.
In rendering a decision, the Board of Supervisors or Zoning Hearing Board may impose special measures or conditions as deemed reasonably necessary and appropriate for the use to conform with the intent of this chapter.
§ 170-114 Standards for granting of conditional uses or variances.
The Board of Supervisors or Zoning Hearing Board shall, in considering conditional use or variance applications, consider as standards the stated objectives in § 170-103 and the following:
A.
The effect of the use shall not alter the carrying capacity of the stream and the floodplains at the location of the proposed use.
B.
Lands abutting the waterway, including upstream and downstream properties, shall not be unreasonably affected by the proposed use. 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 the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
C.
Any new structures, utilities and facilities permitted by conditional use or by variance shall be located, constructed and placed on the lot so as to minimize flood damage and have a minimum effect upon the flow and height of floodwater. Such structures, utilities and facilities shall be elevated and/or floodproofed in accordance with the provisions herein, as well as other Township ordinances, and:
(1)
All such structures, utilities and facilities shall be firmly anchored to prevent flotation, collapse, or lateral movement.
(2)
All such structures, utilities and facilities shall be located, constructed and floodproofed so as to prevent the entrance of floodwater into the water supply system, waste treatment systems, and other utility systems. In addition, waste treatment systems shall be located and designed to minimize or eliminate discharges into the floodwaters and avoid waterway impairment or contamination.
(3)
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(4)
All such structures, utilities and facilities shall be constructed with flood-resistant materials.
D.
Any additions to existing structures permitted as a conditional use or by variance shall be elevated and/or floodproofed in accordance with the provisions herein, as well as other Township ordinances, and:
(1)
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3)
No expansion or enlargement of an existing structure shall be undertaken in the direction of the streambank.
(4)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
E.
No conditional use or variance shall be granted for any use, structure, or development within the floodway if any increase in the one-percent annual chance flood elevation would result.
F.
Variances shall only be granted upon the following:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with other applicable laws, ordinances, or regulations.
(4)
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
G.
Whenever a variance or conditional use is granted, the Board of Supervisors or Zoning Hearing Board shall notify the applicant in writing that:
H.
A complete record of all variance and conditional use requests, resulting decisions and notifications, including justifications for granting variances and conditional uses, shall be maintained by the Township. The Township shall report such decisions in the annual report sent to the Federal Insurance Administration.
§ 170-115 Nonconforming uses and structures.
A.
Existing nonconforming uses and structures located in the floodway shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on one-hundred-year flood levels is demonstrated to be fully offset by accompanying stream improvements.
B.
The modification, alteration, repair, reconstruction, or improvement to any nonconforming use or structure, regardless of location in the floodway or flood fringe or general floodplain area, shall be done in compliance with the elevation, floodproofing and anchoring provisions under Section 60.3d of the National Flood Insurance Program requirements, and with the provisions in this article and other applicable ordinances.
§ 170-116 Elevation and floodproofing requirements.
A.
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 one foot or more above the BFE (base flood elevation).
B.
Nonresidential structures.
(1)
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated at least 1 1/2 feet above the BFE (base 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.
(2)
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the BFE (base 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 U.S. Army Corps of Engineers (June 1972, as amended March 1992), 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.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(2)
Partially enclosed space below the lowest floor.
(a)
Partially enclosed space below the lowest floor (including 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.
(b)
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]
There shall be a minimum of two openings having a net total area of not less than one square inch for every one 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, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
D.
Accessory structures. 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:
[Amended 6-7-2016 by Ord. No. 16-03]
(1)
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets shall be at least 1 1/2 feet above the one-hundred-year-flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation, collapse and lateral 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 meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every one square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
§ 170-117 Improvements.
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
A.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
B.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
§ 170-118 Special requirements for manufactured homes and recreational vehicles.
A.
Manufactured homes.
[Amended 6-7-2016 by Ord. No. 16-03]
(1)
Within any FW (Floodway Area), manufactured homes, as defined herein, shall be prohibited.
(2)
Within any FA (General Floodplain Area), manufactured homes, as defined herein, shall be prohibited.
(3)
Where permitted within any floodplain area, all manufactured homes, as defined herein, and any improvements thereto, shall be:
§ 170-119 Appeals procedure.
A.
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipal Planning Code and any applicable local ordinance.
C.
In any appeal to the Zoning Hearing Board regarding a dispute concerning any identified floodplain boundary, the burden of proof shall be on the appellant.
§ 170-120 Definitions.
A.
General. Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application.
B. ACCESSORY USE OR STRUCTURE BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOOD-RESISTANT MATERIALS FLOODWAY FLOODWAY FRINGE FREEBOARD HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) IDENTIFIED FLOODPLAIN AREA LAND DEVELOPMENT(1) (a) (b) (2) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK MINOR REPAIR NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION ONE-HUNDRED-YEAR FLOOD PERSON POST-FIRM STRUCTURE PRE-FIRM STRUCTURE RECREATIONAL VEHICLE REGULATORY FLOOD ELEVATION REPETITIVE LOSS SPECIAL FLOOD HAZARD AREA (SFHA) SPECIAL FLOODPLAIN AREA SPECIAL PERMIT START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) UNIFORM CONSTRUCTION CODE (UCC) VIOLATION
Specific definitions. As used in this article, the following terms shall have the meanings indicated:
A use or structure on the same lot with, and/or having a nature customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
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. The BFE is also shown on the FIS profile and can be determined for Zone A floodplains.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings, or other structures; the placement of manufactured homes; streets, and other pavings; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
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.
Flood-resistant material includes any building product capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. Prolonged contact means at least 72 hours. Significant damage is any damage requiring more than low-cost cosmetic repair (such as painting). All structural and nonstructural building materials at or below the base flood elevation (BFE) must be flood-resistant.
The designed area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
That part of the floodplain adjacent to and extending from the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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 Pennsylvania Historic and Museum Commission (PHMC) as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Pennsylvania Historic and Museum Commission (PHMC) as contributing to the historical significance of a registered historic district or a district preliminarily determined by the PHMC to qualify as a registered historic district.
The floodplain area specifically identified in this article as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.
A transportable, single-family dwelling intended for permanent occupancy, an office, or a place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembling operations, and constructed so that it may be used with or without a permanent foundation. The term includes mobile home, park trailers, travel trailers, and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after March 2, 2016, and includes any subsequent improvements thereto. Any construction started after September 30, 1977, and before March 2, 2016 (the effective start date of this floodplain management article), is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). Also referred to as the "one-percent-frequency flood" or the "base flood," as defined by FEMA in the Flood Insurance Study for Lower Frederick Township.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A structure for which construction or substantial improvement occurred after September 30, 1977, the date of the initial FEMA Flood Insurance Rate Map, and, as such, would be required to be compliant with the regulations of the NFIP.
A structure for which construction or substantial improvement occurred on or before September 30, 1977, the date of the initial FEMA Flood Insurance Rate Map, and, as such, would not be required to be compliant with the regulations of the NFIP.
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; and not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The regulatory flood elevation is the elevation to which development is regulated for purposes of elevation and/or dry floodproofing. It is equal to the base flood elevation (BFE) plus a freeboard of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
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.
The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designed portion, of a floodplain.
The date the permit was issued for substantial improvement and other proposed new development, 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/or 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.
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, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, 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, the cost of which equals 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 either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
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.