Lower Mount Bethel Township
City Zoning Code
City Zoning Code
PART 11
FP OVERLAY - FLOODPLAIN AREA REGULATIONS
§ 27-1101 Statutory Authorization.
[Ord. No. 2022-02, 7/11/2022]
Specific authority for this Part is the Flood Plain Management Act, Act 166 of 1978, codified as 32 P.S. § 679.101 et seq., as amended from time to time, and the regulations promulgated thereunder.
§ 27-1102 Statement of Intent.
[Ord. No. 2022-02, 7/11/2022]
1.
The intent of this Part 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;
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding;
E.
Comply with federal and state floodplain management requirements.
§ 27-1103 Applicability.
[Ord. No. 2022-02, 7/11/2022]
1.
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development within any identified floodplain area within Lower Mount Bethel Township unless a permit has been obtained from the floodplain administrator.
2.
A permit shall not be required for minor repairs to existing buildings or structures.
3.
This Part supersedes any other conflicting ordinances, resolutions and/or other regulations of the Township, or any parts of ordinances, resolutions and/or other regulations of the Township, which may be in effect in identified floodplain areas and which regulate identified floodplain areas. However, any other ordinance, resolution and/or regulation 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 Part, the more restrictive shall apply.
4.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This Part does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
B.
This Part shall not create liability on the part of Lower Mount Bethel Township or any officer, consultant, agent or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.
§ 27-1104 Administration.
[Ord. No. 2022-02, 7/11/2022]
1.
Designation of the Floodplain Administrator. The floodplain administrator as referred to in this Part, whose duties shall include the administering and enforcement of this Part, shall be appointed by the Board of Supervisors from time to time.
2.
The Floodplain Administrator May:
A.
Fulfill the duties and responsibilities set forth in these regulations;
B.
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or;
C.
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22;
D.
Any action, decision or determination of any qualified technical personnel, plan examiners, inspectors, and other employees to whom duties of the floodplain administrator are delegated hereunder shall be deemed to be an action, decision or determination of the floodplain administrator hereunder.
3.
In the absence of a designated floodplain administrator, the floodplain administrator duties are to be fulfilled by the chairperson of the Board of Supervisors, who may rely upon any qualified technical personnel, plan examiners, inspectors and/or other employees in carrying out the duties of the floodplain administrator hereunder.
4.
Duties and Responsibilities of the Floodplain Administrator.
A.
The floodplain administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this Part and all other applicable codes and ordinances.
B.
Prior to the issuance of any permit, the floodplain administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal 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, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
C.
In the case of existing structures, prior to the issuance of any development/permit, the floodplain administrator shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed before the permit is issued.
D.
During the construction period, the floodplain administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He or she shall make as many inspections during and upon completion of the work as are necessary.
E.
In the discharge of his or her duties, the floodplain administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Part.
F.
In the event the floodplain administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the floodplain administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
G.
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this Part, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
H.
The floodplain administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
I.
The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated from the person appointed by the Board of Supervisors. However, the ultimate responsibility lies with the person identified as the floodplain administrator/manager pursuant to this section.
J.
The floodplain administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2015 IRC or latest revisions thereof.
5.
Application Procedures and Requirements.
A.
Application for a permit shall be made, in writing, to the floodplain administrator on forms supplied by Lower Mount Bethel Township. Such application shall contain the following:
(1)
Name and address of applicant;
(2)
Name and address of owner of land on which proposed construction is to occur;
(3)
Name and address of contractor;
(4)
Site location including address;
(5)
Listing of other permits required;
(6)
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate;
(7)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the floodplain administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this Part and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used; and
(7)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any other pertinent information as may be required by the floodplain administrator to make the above determination:
(1)
A completed permit application form;
(2)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(d)
The location of all existing streets, drives, and other access ways; and
(e)
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;
(3)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures and corresponding elevations;
(b)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and floodway area (see § 27-1106, Subsection 2.A.) when combined with all other existing and anticipated development, will not increase the BFE at any point;
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE area/district without floodway (see § 27-1106, Subsection 2.B.) when combined with all other existing and anticipated development, will not increase the BFE more than one foot at any point within the Township;
(d)
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 base flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development;
(e)
(f)
The appropriate component of the department of environmental protection's "planning module for land development;"
(g)
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;
D.
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the floodplain administrator.
6.
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the floodplain administrator to the Northampton County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the floodplain administrator for possible incorporation into the proposed plan.
7.
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 floodplain administrator to any other appropriate agencies and/or individuals (e.g. Lower Mount Bethel Township Planning Commission, Township engineer, etc.) for review and comment.
8.
Changes. After the issuance of a permit by the floodplain administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the floodplain administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to floodplain administrator for consideration.
9.
Placards. In addition to the permit, the floodplain administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the floodplain administrator.
10.
Start of Construction.
A.
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the floodplain administrator. The issuance of a development permit does not refer to the zoning approval.
B.
The actual start of construction 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 manufacture 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.
C.
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the floodplain administrator to approve such a request and the original permit is compliant with this Part and FIRM/FIS in effect at the time the extension is granted.
11.
Appeals.
A.
Any person aggrieved by any action, determination or decision of the floodplain administrator (or any other authorized employee or professional consultant of the Township) concerning the administration of the provisions of this Part, may appeal to the Zoning Hearing Board, pursuant to Part 18.
B.
Any person aggrieved by any decision of the Zoning Hearing Board in regard to administration of the provisions of this Part, may seek relief therefrom by appeal to court, as provided by the laws of the Commonwealth of Pennsylvania, including the Pennsylvania Flood Plain Management Act.[4]
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
§ 27-1105 Variances.
[Ord. No. 2022-02, 7/11/2022]
1.
Variance Procedures and Conditions. Requests for variances from the provisions of this Part shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Part 18 and the following:
A.
No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
B.
No variance shall be granted for any construction, development, use, or activity within any AE area/district without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by "special permit" pursuant to § 27-1108 or to "development which may endanger human life" pursuant to § 27-1107, Subsection 4.
D.
Whenever a variance is granted from the provisions of this Part, the Township of Lower Mount Bethel shall notify the applicant in writing that: any grant of variance relief from the provisions of this Part may result in increased premium rates for flood insurance and/or may increase the risks of injury to life and property.
E.
In reviewing any request for a variance from the provisions of this Part, the Zoning Hearing Board shall consider, in addition to the variance standards set forth in § 27-1805 and in the Municipalities Planning Code,[1] that the granting of the variance will:
(1)
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
(2)
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
F.
A report of all variances from the provisions of this Part, granted during the year, shall be included in the annual report to the FEMA.
G.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
§ 27-1106 Identification of Floodplain Areas.
[Ord. No. 2022-02, 7/11/2022]
1.
Identification.
A.
The identified floodplain area shall be: any areas of Lower Mount Bethel Township, classified as Special Flood Hazard Areas (SFHAs) in the most recent Flood Insurance Study (FIS) and the most recently dated accompanying Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA), including all digital data developed as part of the Flood Insurance Study; and
B.
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Lower Mount Bethel Township and declared to be a part of this Part.
2.
Description and special requirements of identified floodplain areas.
A.
The identified floodplain area shall consist of the following specific areas: The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS and FIRM.
(1)
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 Township during the occurrence of the base flood discharge.
(2)
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
B.
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 BFEs have been provided.
(1)
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 BFEs have been provided and a floodway has been delineated.
(2)
The AE area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which BFEs have been provided but no floodway has been determined.
(a)
No permit shall be granted for any construction, development, use, or activity within any AE area/district without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(b)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the PA Department of Environmental Protection regional office.
C.
The A area/district shall be those areas identified as an A zone on the FIRM included in the FIS prepared by FEMA and for which no BFEs have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the BFE shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
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.
3.
Changes in Identification of Area. The identified floodplain area 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. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See § 27-1107, Subsection 1., for situations where FEMA notification is required.
4.
Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, the application shall be forwarded to the Township engineer. An initial determination shall be made by the Township engineer within 60 days of the Township engineer's receipt of such a dispute in writing from the party aggrieved by the floodplain administrator's or other authorized municipal employee or professional consultant's review. Any party aggrieved by the above-referenced determination of the Township engineer may appeal to the Township Zoning Hearing Board in accordance with the procedures set forth in Subsection § 27-1104, Subsection 11., and Part 18 of this chapter. The burden of proof shall be on the appellant to establish a floodplain boundary inconsistent with the Township engineer's determination.
5.
Jurisdictional Boundary Changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
§ 27-1107 Technical Provisions.
[Ord. No. 2022-02, 7/11/2022]
1.
General.
A.
Alteration or Relocation of Watercourse.
(1)
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 Township, and until all required permits or approvals have first been obtained from the PA Department of Environmental Protection regional office.
(2)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
(3)
In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
B.
When the Township proposes to permit the following encroachments:
(1)
Any development that causes a rise in the BFEs within the floodway; or
(2)
Any development occurring in zones A1-30 and zone AE without a designated floodway, which will cause a rise of more than one foot in the BFE; or
(3)
Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).
C.
The applicant shall (as per 44 CFR 65.12):
(1)
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur;
(2)
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, the Township shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased BFEs and/or revised floodway reflecting the post-project condition;
(3)
Upon completion of the proposed encroachments, the Township shall require that the applicant provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
D.
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances and regulations.
E.
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
2.
Elevation and Floodproofing Requirements.
A.
Residential Structures.
(1)
In AE, A1-30, and AH zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(3)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
B.
Non-Residential Structures.
(1)
In AE, A1-30 and AH zones, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(3)
Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI 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.
(4)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
C.
Space Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(2)
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 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, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
D.
Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or any Pennsylvania Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
E.
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:
(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 will be elevated to the regulatory 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 floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every 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.
3.
Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A.
If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all points;
(2)
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(3)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the floodplain administrator; and
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
B.
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal 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.
(4)
The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.
D.
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection 4., Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed 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 floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a "marine" or "water-resistant" paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N.
Uniform Construction Code Coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 – 405), as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this Part, to the extent that they are more restrictive and supplement the requirements of this Part:
4.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(1)
Will be used for the production or storage of any of the following dangerous materials or substances; or
(2)
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
(3)
Will involve the production, storage, or use of any amount of radioactive substances;
(4)
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:
• | Acetone; |
• | Ammonia; |
• | Benzene; |
• | Calcium carbide; |
• | Carbon disulfide; |
• | Celluloid; |
• | Chlorine; |
• | Hydrochloric acid; |
• | Hydrocyanic acid; |
• | Magnesium; |
• | Nitric acid and oxides of nitrogen; |
• | Petroleum products (gasoline, fuel oil, etc.); |
• | Phosphorus; |
• | Potassium; |
• | Sodium; |
Sulphur and sulphur products; | |
• | Pesticides (including insecticides, fungicides, and rodenticides); |
• | Radioactive substances, insofar as such substances are not otherwise regulated. |
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any floodway area, any structure of the kind described in Subsection 4.A. above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection 4.A. above, shall be elevated to remain completely dry up to at least 1 1/2 feet above the BFE and built in accordance with Subsection 4.
C.
Where permitted within any identified floodplain area, any new or substantially improved non-residential structure of the kind described in Subsection 4.A. above, shall be built in accordance with Subsections 1., 2., and 3., including:
(1)
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above the BFE; and
(2)
Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory 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.
5.
Special Requirements for Subdivisions and Development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where BFE data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine BFEs 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.
6.
Special Requirements for Manufactured Homes.
B.
Within any identified floodplain area manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1)
Placed on a permanent foundation;
(2)
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the BFE;
(3)
Anchored to resist flotation, collapse, or lateral movement; and
(4)
Have all ductwork and utilities including HVAC/heat pump elevated to the regulatory flood elevation.
D.
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 2009 "International Residential Building Code" or the "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto and 34 Pa. Code Chapter 401-405 shall apply.
E.
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa. Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
§ 27-1108 Activities Requiring Special Permits.
[Ord. No. 2022-02, 7/11/2022]
1.
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[1] the following activities shall be prohibited within any identified floodplain area unless a "special permit," pursuant to this section has been issued by Lower Mount Bethel Township.
B.
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Application Requirements for "Special Permits." Applicants for "special permits" shall provide five copies of the following items:
A.
A written request including a completed 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 North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(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 streets, drives, other access ways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(5)
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 human-made features affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and spot elevations concerning the BFE, and information concerning the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities, and any other improvements; and
(8)
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 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) 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 base 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 or she 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 base 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 base 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 BFE 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 BFE and the effects such materials and debris may have on BFE 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;
(9)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
3.
Application Review Procedures. Upon receipt of an application for a "special permit" by Lower Mount Bethel Township the following procedures shall apply in addition to those of § 27-1104.
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 Northampton County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to Lower Mount Bethel Township Planning Commission and Township engineer for review and comment.
B.
If an application is received that is incomplete, Lower Mount Bethel Township shall notify the applicant in writing, stating in what respect the application is deficient.
C.
If Lower Mount Bethel Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
D.
If Lower Mount Bethel Township intends to approve an application, it shall file written notification, together with the application and all pertinent information, with the PA Department of Community and Economic Development, by registered or certified mail, within five working days after the determination is made that the Township intends to issue the "special permit."
E.
Before issuing the "special permit," Lower Mount Bethel Township shall allow the PA Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by Lower Mount Bethel Township.
F.
If Lower Mount Bethel Township does not receive any communication from the PA Department of Community and Economic Development during the thirty-day review period, it may issue a "special permit" to the applicant.
G.
If the PA Department of Community and Economic Development should decide to disapprove an application, it shall notify Lower Mount Bethel Township and the applicant, in writing, of the reasons for the disapproval, and Lower Mount Bethel Township shall not issue the "special permit."
4.
Special Technical Requirements.
A.
In addition to the requirements of § 27-1107, Technical Provisions, 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 those in § 27-1107 or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
B.
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 base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE;
(b)
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above the BFE;
(c)
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood;
(2)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property;
(3)
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 Lower Mount Bethel Township and the Department of Community and Economic Development.
§ 27-1109 Existing Structures in Identified Floodplain Areas.
[Ord. No. 2022-02, 7/11/2022]
1.
Existing Structures. The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection 2. shall apply.
2.
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/district that would cause any increase in BFE.
B.
No expansion or enlargement of an existing structure shall be allowed within AE area/district without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C.
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 Part.
D.
The above activity shall also address the requirements of the 34 Pa. Code, as amended and the 2009 IBC and the 2009 IRC.
E.
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.
F.
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 Part.
§ 27-1110 Repeal and Savings Clauses.
[Ord. No. 2022-02, 7/11/2022]
1.
Chapter 8: Floodplains of the Township of Lower Mount Bethel Code of Ordinances is hereby repealed in its entirety as of the effective date of this Part.
2.
The provisions of this Part, insofar as they are the same as those ordinances, resolutions and/or other regulations in force immediately prior to the enactment of this Part, including, but not limited to, from Ordinances 1996-5, 2007-04, 2014-02, and Chapter 8 Floodplains of the Codified Ordinances of Lower Mount Bethel Township, are intended as a continuation of such ordinances, resolutions and/or other regulations, and not as new enactments.
3.
Nothing in this Part shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance, resolution and/or regulation repealed upon the effective date of this Part, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.