Old Lycoming Township
City Zoning Code
City Zoning Code
PART 6
SUPPLEMENTARY FLOODPLAIN MANAGEMENT REGULATIONS
§ 27-601 General Provisions.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Authority. The Legislature of the Commonwealth of PA has, by the passage of the PA Flood Plain Management Act (Act 166 of 1978), delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety and the general welfare of its citizenry. Therefore the Supervisors of Old Lycoming Township do hereby ordain that the following regulations were enacted to accomplish these goals.
2.
Intent. The intent of these provisions is to:
A.
Promote the general health, welfare and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supplies and natural drainage patterns.
D.
Reduce financial burdens imposed on the community, its governmental units, and residents by preventing excessive development in flood-prone areas.
E.
Comply with Federal and State floodplain management requirements.
3.
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or case to be undertaken, any construction or development within Old Lycoming Township unless a zoning permit has been obtained from the Township Zoning Officer/Floodplain Administrator. A permit shall not be required for minor repairs to existing building or structures.
4.
Interpretation of District Boundaries. Where interpretation is needed concerning the exact location of any boundary of any floodplain district, the Township Zoning Hearing Board shall make the necessary determination. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Board and to submit their own technical evidence if they so desire.
5.
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Part is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of Old Lycoming Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 27-602 Basis for Floodplain Districts.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Identification.
A.
The identified floodplain area shall be all those areas of Old Lycoming Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated February 5, 2014, or most recent revisions thereof, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions are hereby adopted by Old Lycoming Township and made a part of this chapter.
C.
For the purposes of this chapter, the identified floodplain areas shall be overlays to the existing underlying district as shown on the official Old Lycoming Township Zoning Map. As such, the provisions of the floodplain district shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements for the floodplain districts and those of any underlying district, the more restrictive provisions pertaining to the floodplain shall apply.
2.
Description of Floodplain Areas/Districts. The identified floodplain area shall consist of the following specific areas:
A.
The Floodway Area/District identified as a FW Zone on the FIRM included in the FIS prepared by FEMA 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. This term shall also include floodway areas that 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.
B.
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided.
(1)
The AE Area/District 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.
(2)
The AE Area/District without 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 but no floodway has been determined.
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 1% annual chance flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation a point on the boundary of the identified floodplain area which is nearest the construction site in question.
In lieu of the above, the municipality may require the applicant to determine the elevation using 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. |
§ 27-603 Flood Damage Control Provisions.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all construction, development, and substantial improvement occurring in any designated Floodplain Areas/Districts:
A.
General Technical Requirements.
(1)
Within the identified Floodplain Areas/Districts the development or use of land shall be permitted provided that such development or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in effect in Old Lycoming Township.
(2)
Within any floodway area, the following provisions shall apply:
(a)
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses 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. (See also § 27-612 for supplemental floodplain regulations.)
(b)
No new construction or development shall be allowed, unless a permit is obtained from the PA Department of Environmental Protection Regional Office.
(3)
Within any AE area/district without floodway, the following provisions shall apply:
(a)
No permit shall be granted for any construction, development, use, or activity within the 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. (See also § 27-612 for supplemental floodplain regulations.)
(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 a permit is obtained from the Department of Environmental Protection Regional Office.
(4)
The standards and specifications contained in ASCE 24 and 34 Pa. Code (Chapters 401-405), as amended and not limited to the following provisions, shall apply to all Sections of this Part, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(a)
International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
B.
Elevation and Floodproofing Requirements. (See also § 27-612 for supplemental floodplain regulations.)
(1)
Residential Structures. Within any identified floodplain area, the lowest floor (including basement) of any new construction or substantial improvement of a residential structure shall be at least 1 1/2 feet above the base flood elevation.
(2)
Nonresidential Structures.
(a)
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated 1 1/2 feet above the base flood elevation (to the regulatory flood elevation) OR be designed and constructed so that the space enclosed by such structure below the regulatory flood elevation:
(b)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation, shall be floodproofed 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.
(3)
Space below the Lowest Floor.
(a)
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for parking of vehicles, 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.
(b)
Designs for meeting this requirement shall either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
1)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
2)
The bottom of all openings shall be no higher than one foot above grade; and,
3)
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
C.
Design and Construction Standards. The following minimum standards shall apply to all construction and development proposed for any identified floodplain area.
(1)
Fill: If fill is used, it shall:
(a)
Extend laterally 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical on two horizontal feet, unless substantiating data, justifying steeper slopes are submitted to and approved by the Zoning Officer; and
(e)
Be used only to the extent to which it does not adversely affect adjacent properties. (See also § 27-612.2.D.)
(2)
Special Requirements for Mobile Homes and Recreational Vehicles.
(a)
Within any Floodway Area/District all mobile homes shall be prohibited.
(b)
Where permitted within any other identified floodplain area, all mobile homes, and any improvements thereto, shall be:
(c)
Installation of mobile homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 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 as well as 34 Pa. Code, Chapters 401-405 shall apply.
(d)
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.
(3)
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 flood water.
(4)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, and lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(5)
Floors, Walls, and Ceilings. Where a structure is located at or below the regulatory flood elevation, the following standards shall apply:
(a)
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(b)
Plywood shall be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(d)
Windows, doors, and other such components shall be made of metal or other "water-resistant" material.
(6)
Paints and Adhesives. Where a structure is located at or below the regulatory flood elevation, the following standards shall apply:
(8)
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.
(9)
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
(10)
Water and Sanitary Sewer Facilities and Systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewage facilities shall be designed to prevent the discharge of untreated sewage into flood waters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UGC and FEMA Circular # 348, "Protecting Building Utilities from Flood Damages" and the "International Private Sewage Disposal Code," or as may hereafter be amended, shall be utilized.
(11)
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.
(12)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(13)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(14)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animals, or plant life (including but not limited to those identified in § 27-606.A) shall be stored at an elevation of 1 1/2 feet above the base flood elevation (to the regulatory flood elevation) and/or be floodproofed to the maximum extent possible.
§ 27-604 Water Management Uses.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Alteration or Relocation of Watercourse.
A.
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 been first obtained from the PA Department of Environmental Protection's Regional Office.
B.
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.
C.
In addition, the FEMA and PA Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
2.
Encroachments Requiring FEMA Notification. When the Township proposes to permit the following encroachments:
A.
Any development that causes a rise in the base flood elevation within the Floodway; or,
B.
Any development occurring in the AE Zone without floodway which will cause a rise of more than one foot in the base flood elevation; or,
C.
Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges),
3.
The Township (with data and documentation provided by the applicant) shall (as per 44 CFR Part 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting the encroachment to occur.
B.
Upon receipt of the Administrator's conditional approval of map change and prior to approving the encroachments, the Township shall provide evidence to FEMA of the adoption of a floodplain management ordinance incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
C.
Upon completion of the proposed encroachments, the Township shall provide "as-built" certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
§ 27-605 Existing Structures in Floodplain Areas.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Existing Structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to an existing structure located within any identified Floodplain Area/District, the provisions outlined below shall apply.
2.
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified Floodplain Area/District:
A.
Existing structures and/or uses located in the Floodway Area/District shall not be expanded or enlarged, but may be modified, altered, or repaired to incorporate floodproofing measures, provided that such measures do not increase the base flood elevation (BFE).
B.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any Floodplain Area/District, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
C.
No expansion or enlargement of an existing structure shall be allowed within an AE Zone without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
D.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure in any Floodplain Area/District, to an extent or amount of less than 50% of its market value, shall be floodproofed and/or elevated to the greatest extent possible.
E.
Any modification, alteration, relocation, or improvement of any kind that meets the definition of "repetitive loss," shall be undertaken only in full compliance with the provisions of this chapter.
§ 27-606 Special Provisions for Accessory Structures.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Where permitted within an AE (without FW) or A Area/District, structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
A.
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, materials and equipment related to the principal use or activity.
B.
Floor area shall not exceed 200 square feet.
C.
The structure will have low damage potential.
D.
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will elevated at least 1 1/2 feet above the base flood elevation.
F.
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
G.
Sanitary facilities are prohibited.
H.
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting these requirements must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(1)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(2)
The bottom of all openings shall no higher than one foot above grade; and,
(3)
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
§ 27-607 Development Which May Endanger Human Life.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Hazardous Materials and Substances. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
A.
Will be used for the production or storage of any of the following dangerous materials or substances; or
B.
Will be used for any activity requiring the maintenance or a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
C.
Will involve the production, storage, or use of any amount of radioactive substances;
D.
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:
(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)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
2.
Floodproofing Requirements.
A.
Activities and development of the kind described in Subsection 1 above shall be prohibited in any identified Floodway Area/District.
B.
Where permitted within any identified Floodplain Area/District, any new or substantially improved structure of the kind described in Subsection 1 above shall be elevated to remain completely dry, up to at least 1 1/2 feet above the base flood elevation, and, in the case of a nonresidential structure, shall be:
(1)
Designed to prevent pollution from the structure or activity during the course of a base flood; and,
(2)
Any 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 water-tight standard.
§ 27-608 Activities Requiring Special Permits.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Identification of Activities Requiring a Special Permit. In accordance with the administrative regulations promulgated by the PA Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act (Act 1978-166), the following activities shall be prohibited within any identified Floodplain Area/District unless a special permit has been issued by Old Lycoming Township.
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 zoning permit application.
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 National Geodetic 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 width 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 arid facilities, and any other natural and man-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 base flood elevation, 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 Township 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 buildings 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, and other access-ways, and parking areas, showing all rights-of-way and pavement widths.
(6)
Profile drawings for all proposed streets, drives, and vehicular access-ways including existing and proposed grades; and,
(7)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
(2)
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood.
(3)
A statement, certified by a registered professional engineer, 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 effect 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 base flood elevation 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 base flood elevation and the effects such materials and debris may have on base flood elevation and flows.
(6)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(7)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(8)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under § 302 of Act 1978-166; and,
(9)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
3.
Application Review Procedures. Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to all other applicable permit procedures:
A.
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
B.
If an application is received that is incomplete, the Township shall notify the applicant, in writing, stating in what respects the application is deficient.
C.
If the Township decides to disapprove an application, it shall notify the applicant in writing of the reasons for the disapproval.
D.
If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development (DCED), by registered or certified mail, within five working days after the date of approval.
E.
Before issuing the special permit, the Township shall allow the DCED 30 days after the receipt of the notification by the Department, to review the application and decision made by the Township.
F.
If the Township does not receive any communication from the DCED during the thirty-day review period, the Township may issue a special permit to the applicant.
G.
If the DCED should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
4.
Special Technical Requirements.
A.
In addition to any other applicable requirements of this chapter, 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 or in any other code, ordinance, or regulation, the more restrictive provisions 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 at least 1 1/2 feet above the base flood elevation; and,
(c)
The occupants of the structure can remain inside for an indefinite period of time and/or 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.
C.
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 accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the DCED.
§ 27-609 Administration.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Designation of Floodplain Administrator. The Township Zoning Officer is hereby appointed to administer and enforce the floodplain management provisions of this chapter. In addition to fulfilling the duties outlined in § 27-1201 of this chapter, the Zoning Officer may: delegate duties and responsibilities related to floodplain management to qualified technical personnel, plan examiners, inspectors, and other employees; or enter into written agreements or written contracts with another agency or private sector entity (with the approval of the Township Supervisors) to administer specific provisions of the Township's floodplain management regulations. Administration of any part of these regulations by another entity shall not relieve the Township 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.
In the absence of the Zoning Officer or other duly qualified person or employee as identified above, the Floodplain Administrator duties shall be fulfilled by the Township Manager.
2.
Zoning Permit Requirements. To ensure that the aforementioned flood damage controls are being employed in all new construction, development and substantial improvement within any designated floodplain area, including the use of fill, the applicant or developer shall obtain a zoning permit prior to commencement of any such activity. The Zoning Officer shall provide the applicant with information concerning the location of any floodplain district boundary relative to his proposed construction and the water surface elevation of the base flood at the proposed construction site. The applicant shall provide all the necessary information in sufficient detail and clarity to enable the Township Zoning Officer to determine that:
A.
All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this and all other applicable codes and ordinances.
B.
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
C.
Adequate drainage is provided so as to reduce exposure to flood hazards.
D.
Structures will be anchored to prevent flotation, collapse or lateral movement.
E.
Building materials are flood-resistant.
F.
Appropriate practices that minimize flood damage have been used; and,
G.
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
3.
Application Requirements. The Zoning Officer shall require the following specific information, plus other pertinent information as may be required by the Zoning Officer, to be included as a part of an application for a zoning permit in order to make the above determination.
A.
A completed zoning permit application form.
B.
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale and date.
(2)
Topographic contour lines, if available.
(3)
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision or development.
(4)
The location of all existing streets, drives or other accessways; and,
(5)
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
C.
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
D.
The following data and documentation:
(1)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
(2)
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
(3)
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, when combined with all other existing and anticipated development, will not increase the base flood elevation by more than one foot at any point within the Township.
(4)
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 floodproofing measures which have been incorporated into the design of the structure and/or development.
(5)
Detailed information needed to determine compliance with § 27-603.C(14), "Storage," and § 27-607, "Development Which May Endanger Human Life," including:
(a)
The amount, location and purpose of any materials or substances referred to in §§ 27-603.C(14) and 27-607 which are intended to be used, produced, stored or otherwise maintained on site; and,
(6)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development"; and,
(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.
4.
Review by the 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 Township Zoning Officer to the County Conservation District for review at least 30 days prior to the issuance of a zoning permit. The recommendations of the Conservation District shall be considered by the Zoning Officer for possible incorporation into the proposed plan. If no comments are received within the 30 days, the Zoning Officer may take action on the permit application.
5.
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 Township Zoning Officer to any other appropriate agencies and/or individuals (e.g., Township Planning Commission, Township Engineer, etc.) for review and comment at least 30 days prior to the issuance of a zoning permit.
6.
Issuance of Zoning Permits. Prior to the issuance of any zoning permit, the Township Zoning Officer shall review the application to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the PA Sewage Facilities Act (Act 1966-537, as amended); the PA Dam Safety and Encroachments Act (Act 1978-325, as amended); the PA Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33, U.S.C. 1344. No zoning permit shall be issued until this determination has been made.
7.
Assessment of Repetitive Loss Issues. In the case of existing structures, the Township Zoning Officer/Floodplain Administrator shall review the history of repairs made to the subject building, so that any repetitive loss issues can be addressed prior to the issuance of a zoning permit.
§ 27-610 Variances in Floodplain Districts.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In passing upon applications for a variance within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other Sections of this chapter (including § 27-1102.C), State law relative to variances, and the following:
A.
Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places provided that the proposed replacement or rehabilitation will not preclude the structure's continued designation as an historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.
B.
No variance shall be granted for any construction, development, use or activity within any Floodway Area/District that would cause any increase in the base flood elevation (BFE).
C.
No variance shall be granted for any construction, development, use or activity within an AE Zone without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
E.
If granted, a variance shall involve only the least modification necessary to provide relief.
F.
In granting any variance, the Township Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
H.
In reviewing any request for a variance, the Township Zoning Hearing Board shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional hardship for the applicant; and,
(3)
That granting of the variance will: (a) neither result in unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor (b) create nuisances, cause fraud on, victimize the public, or conflict with any other applicable State or local ordinances and regulations.
I.
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA. 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.
§ 27-611 Special Exceptions in Floodplain Areas/Districts.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
In passing upon applications for special exceptions within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter (including § 27-1102.D), and the following:
A.
The danger to life and property due to increased flood heights and velocities caused by the encroachments. In the Floodway Area/District, no special exception shall be granted which will cause any rise in the base flood elevation (BFE).
B.
The danger that materials may be swept onto other lands or downstream causing injury to others.
C.
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
D.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternate locations not subject to flooding for the proposed use.
H.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I.
The safety of access to the property in times of flooding by ordinary and emergency vehicles.
J.
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and,
K.
Such other factors which are relevant to the purposes of this chapter.
§ 27-612 Supplemental Floodplain Regulations.
[Ord. 168, 8/11/1992; as added by Ord. 276, 11/10/2015, Art. 4]
1.
Acquisition Areas.
A.
There shall be no building activity allowed in the acquisition areas of Old Lycoming Township except for flood retrofitting (which shall require a variance) and accessories needed to facilitate recreational use, including but not limited to, poles for lights, flow-through fencing, bleachers, and temporary structures such as mobile concession stands, job johnnies used for temporary restroom facilities and other similar structures.
B.
No fill shall be placed above existing ground elevation in the flood acquisition areas unless such fill is being used as a public flood mitigation device or to enhance recreational uses.
2.
General Applicability.
A.
Any building activity in a Floodway Area/District (outside of an acquisition area) shall require a variance.
B.
All structures, except accessory structures, constructed in an identified floodplain area shall be elevated at least 1 1/2 feet above the base flood elevation and an elevation certificate shall be required. Applicants are strongly encouraged to elevate the lowest enclosed floor of their structures above the required freeboard in order to enhance the structure's resistance to future flooding, protect it against higher cresting floods, and potentially reduce flood insurance premiums.
C.
All required anchoring in identified floodplain areas shall require engineering documentation and shall be submitted by the Township to the municipal engineer for review and approval.
D.
The placement of fill or other earthmoving activity within an identified floodplain area (outside of an acquisition area) shall require a variance. Engineering documentation and engineering certification shall be required to show that the fill or earthmoving activity will not result in adverse impacts on surrounding properties.