Palmer Township, PA Zoning Ordinance

[Amended 9-15-2025 by Ord. No. 2025-495]

Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry.

[1]

Editor's Note: See 32 P.S. § 679.101 et seq.

Purposes. The purposes of these provisions are as follows:

To promote the general health, welfare and safety of the community;

To encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;

To minimize danger to public health by protecting water supply and natural drainage;

To reduce financial burdens imposed on the community, governments and residents by preventing excessive development in areas subject to flooding;

To protect individuals from buying lands which are unsuitable for building sites or certain uses because of flooding by prohibiting the subdivision and/or development of unprotected flood-prone lands; and

To regulate development in flood hazard areas in accordance with the National Flood Insurance Act of 1968 (42 U.S.C. § 4001 et seq.) and the Pennsylvania Flood Plain Management Act 166 of 1978 (32 P.S. § 679.101 et seq.).

Repealer, abrogation and greater restrictions. This ordinance hereby repeals and supersedes any prior ordinances and any other similar provisions currently in effect in identified floodplain areas. However, all provisions of other ordinances 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 ordinance, the more restrictive shall apply.

Definitions. The following definitions apply exclusively to § 190-506, Floodplain management.

FLOODPLAIN DEFINITIONS

BASE FLOOD — A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
BASE FLOOD DISCHARGE — The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE) — The elevation shown on the Flood Insurance Rate Map (FIRM) for AE Zones that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain which is nearest to the construction site in question.
BASEMENT — Any area of a building having its floor below ground level on all sides.
COMPENSATORY STORAGE — Excavation within or directly contiguous to a flood hazard area, above the seasonal high groundwater table elevation and below the design flood elevation, of a hydraulically equivalent volume provided to balance the effects of proposed fill on the flood hazard area (no net loss of floodplain storage volume). Areas excavated for compensatory storage shall become part of the flood hazard area and not be separated from the flood hazard area by an open channel or closed conduit or culvert.
DEVELOPMENT — Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land. The term shall also include, but shall not be limited to, the placement or development of a mobile (manufactured) home on a lot or the placement or development of any recreational vehicle or travel trailer on a lot for more than 180 consecutive days.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD — A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) — The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA — A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFED — Watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
LOWEST FLOOR — The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this ordinance.
MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" shall have the same meaning as "mobile home."
MANUFACTURED HOME PARK OR SUBDIVISION — For floodplain management purposes, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR — The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and which includes any subsequent improvements to such structures. Any construction started after June 28, 1976, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance. Work on existing structures is covered under the definition of "substantial improvement."
NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PERMANENT — Having a life span of six months or more at a particular location.
PERSON — An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
RECREATIONAL VEHICLE — A vehicle which is:
A.	Built on a single chassis;
B.	Not more than 400 square feet, measured at the largest horizontal projections;
C.	Designed to be self-propelled or permanently towable by a light-duty truck; and
D.	Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION — The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL FLOOD HAZARD AREA (SFHA) — An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A or AE.
START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit, unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE — For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE — Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. This term does not include the following:
A.	Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
B.	Any exterior restoration or interior alteration of an historic structure listed on the National Register of Historic Places or a state inventory of historic places or which the Pennsylvania Historical and Museum Commission has officially determined is eligible for such listing.
VIOLATION — The failure of a structure or other development to be fully compliant with the floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Warning and disclaimer of liability.

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply, represent, or suggest that areas outside any identified flood-prone area, or that land uses permitted within such areas, will be free from flooding or flood damages; and every person who proposes to build on or develop any land within the Township is cautioned to cause their own independent study to be made to determine the likelihood of flooding or flood damage occurring on that property.

This section shall not create liability on the part of Palmer Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. See Article I, General Provisions and Administration.

Administration.

Designation of Floodplain Administrator.

The Zoning Officer is hereby appointed to administer and enforce this ordinance and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:

Fulfill the duties and responsibilities set forth in these regulations;

ii.

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or

iii.

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.

In the absence of the designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager or his/her designee.

Duties and responsibilities of the Floodplain Administrator.

The Floodplain Administrator shall issue a floodplain development permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

Prior to the issuance of any floodplain development 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)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended)[3]; the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[4]; and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

[2]

Editor's Note: See 35 P.S. § 750.1 et seq.

[3]

Editor's Note: See 32 P.S. § 693.1 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.

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. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of their 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 to enforce the provisions of this ordinance.

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.

The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this ordinance, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.

The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator/manager.

The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions thereof.

Permits required. A Township floodplain development permit is required for all proposed construction, development and any man-made change to improved or unimproved real estate within a special flood hazard area, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Application procedures. Application for a floodplain development permit shall be made on forms prescribed and provided by the Township. If any proposed construction or development is located within, or adjacent to, any identified floodplain area, applicants for a building/zoning permit shall, in addition to supplying such information as may be required by the provisions of other Township ordinances, supply the following specific information in connection with such application:

A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other floodplain development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to ensure that:

All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

ii.

All utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage;

iii.

Adequate drainage is provided so as to reduce exposure to flood hazards;

iv.

Structures will be anchored to prevent flotation, collapse, or lateral movement;

Building materials are flood-resistant;

vi.

Appropriate practices that minimize flood damage have been used; and

vii.

Electrical, heating, ventilation, plumbing and conditioning equipment and other service facilities have been designed and located to prevent water entry or accumulation.

Such plan shall also include existing and proposed contours; information concerning base flood elevations, velocities, and other applicable information such as pressures, impact and uplift forces associated with the base flood; size of structures; location and elevations of streets; plans and engineering analyses to document compensatory storage; water supply and sanitary sewage facilities; soil types; and floodproofing measures.

A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the base flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors 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.

A document, certified by a registered professional engineer or architect, which shows that the effect of any proposed development within a floodway area will not increase the base flood elevation at any point.

Information showing the proposed lowest floor and basement elevations in relation to the North American Vertical Datum of 1988.

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 Township to the Northampton County Conservation District for review and comment prior to the issuance of a building/zoning permit. The recommendations of the Conservation District shall be incorporated into the proposed plan.

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 (such as the Planning Commission, Township Engineer, etc.) for review and comment, and the comments of the agencies or individuals to whom such submissions are made shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.

Other permit issuance requirements. Prior to the issuance of any floodplain development permit, the applicant shall obtain all other necessary governmental permits, such as those required by state and federal laws, including, but not limited to, those required by Act 537, the Pennsylvania Sewage Facilities Act,[5] the Water Obstruction Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334.

[5]

Editor's Note: See 35 P.S. § 750.1 et seq.

Changes. After the issuance of a floodplain development permit, 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; and any work done pursuant to such permit shall be done in accordance with plans, specifications and other documents and in accordance with any conditions imposed upon the granting of said permit by the Township. Requests for any change to the application, permit, plans, specifications or other documents shall be in writing and shall be submitted by the applicant to the Floodplain Administrator for consideration.

Start of construction.

Work on the proposed construction shall begin within 180 days after the date of issuance of the floodplain development permit, and work shall 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. Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

Construction shall be considered to have started with the first placement of permanent construction on the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for a basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street. For a substantial improvement, construction shall be considered to have started with 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.

10.

Inspection and revocation. During the construction period, the Township shall inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable Township laws and ordinances. In the event it is found that the work does not comply with the permit or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Township shall revoke the permit and take such other action as in the circumstances it may deem appropriate.

11.

Enforcement. Failure to comply with the provisions of this ordinance is a violation of this ordinance, and the Floodplain Administrator shall proceed with enforcement action in accordance with Municipalities Planning Code (MPC) § 616.1, Enforcement Notice,[6] § 617.2, Enforcement Remedies (penalties)[7], and Article X-A, Appeals to Court.[8] The Floodplain Administrator may also issue a declaration of violation, under Section 1316 of the National Flood Insurance Act of 1968,[9] to the Federal Emergency Management Agency to deny flood insurance on the property in violation. The effects of having a § 1316 violation are nonavailability of flood insurance for any buildings, possible reduction of market value, risk of damage without compensation, possible mortgage foreclosure, and denial of disaster assistance for repair of structural damage.

Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:

Be in writing;

ii.

Include a statement of the reasons for its issuance;

iii.

Allow a time, not to exceed a period of 30 days, for the performance of any act it requires;

iv.

Be served upon the property owner or his agent, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;

Contain an outline of remedial actions which, if taken, will affect compliance with the provisions of this section.

Appeals. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this ordinance may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[10] and any other local ordinance.

[10]

Editor's Note: See 53 P.S. § 10101 et seq.

ii.

Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[11]

[11]

Editor's Note: See 32 P.S. § 679.101 et seq.

iii.

Granting of a municipal appeal will not relieve a landowner from the obligation to comply with the minimum requirements of the National Flood Insurance Program. Landowners that fail to meet the program's minimum requirements, notwithstanding any appellate decision to the contrary, are in violation of the National Flood Insurance Program and remain subject to the accompanying penalties.

[6]

Editor's Note: See 53 P.S. § 10616.1.

[7]

Editor's Note: See 53 P.S. § 10617.2.

[8]

Editor's Note: See 53 P.S. §§ 11001-a through 1106-a.

[9]

Editor's Note: See 33 U.S.C. § 1316.

Description and identification of floodplain areas.

Identification. The identified floodplain area shall include any areas of Palmer Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 16, 2014, and issued by the Federal Emergency Management Agency (FEMA), or the latest revision thereof, including all digital data developed as part of the FIS. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Palmer Township and declared to be part of this ordinance.

Description and special requirements. The identified floodplain area shall consist of the following specific areas:

The floodway area shall consist of 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.

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 (HEC-RAS) performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

ii.

Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection's regional office.

The AE Area shall consist of 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.

The AE Area adjacent to the floodway shall consist of 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.

The A Area shall consist of those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base 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 of a point on the boundary of the identified floodplain area which is nearest the construction site.

In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. [See provisions for site-specific floodplain studies in Subsection H(4) below.]

Floodplain as overlay area. The identified floodplain area shall function as an overlay district, which is incorporated within the RBO Riparian Buffer Overlay, as identified and regulated within this ordinance. All portions of this ordinance shall also apply to the floodplain area; except that where the floodplain regulations and other regulations of this ordinance regulate the same matter, the more-restrictive regulation shall apply. Should any part of the identified floodplain area be declared inapplicable because of lawful official action of the Board of Supervisors, the Zoning Hearing Board, the Federal Insurance Administration or a court of competent jurisdiction, the underlying zoning district shall continue to remain in effect.

Studies by a developer.

If the applicant does not desire the regulations of the identified floodplain area to apply within an approximated floodplain, the applicant may, at the applicant's expense, have a detailed study completed to determine the exact base flood elevation using accepted hydraulic modeling techniques (HEC-RAS, HEC-2, etc.).

This determination shall be made under the review and approval of the Township Engineer and be sealed by a professional engineer.

An applicant may also provide any base flood elevation and floodway data available from a federal, state or other reputable source.

Such study may also seek to show that an area is within an A or AE flood area and not the floodway area.

Based upon such study and information, in areas that the Township Engineer determines, in writing, not to be within the identified floodplain area, the regulations of the identified floodplain area shall not apply.

No modification or revision of the water surface elevation, the floodway area, or any area identified as being flood-prone as set forth in the latest Flood Insurance Study prepared by the Federal Insurance Administration shall be made without prior written approval from the Federal Insurance Administration.

Changes in identification of floodplain 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 (CLOMR) must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.

Boundary disputes. When exact measurements do not exist, the boundaries of the floodplain areas shall be determined by the Floodplain Administrator by scaling distances off the Flood Insurance Rate Map. If an applicant challenges such determination by the Floodplain Administrator, the applicant may appeal the boundaries to the Zoning Hearing Board, which shall seek comments from the Township Engineer. The person contesting the location of the floodplain boundary shall have the burden of establishing that the land does not lie within the identified floodplain area.

Floodplain area prohibited uses. On any site or portion of a site which is located in a special flood hazard area, the construction, enlargement or expansion of any of the following uses shall be specifically prohibited, regardless of their elevation relative to the floodplain:

All new or substantially improved:

Residential dwellings.

Commercial, institutional or industrial structures.

Hospitals, nursing homes, jails and prisons.

Mobile/manufactured homes, a mobile/manufactured home park or a recreational vehicle park.

Solid waste disposal areas/facilities.

Dumps or junkyards.

Outdoor storage or disposal of all materials.

Bulk storage of manure, except within a waterproof enclosure.

On-site sewage disposal systems.

Any building or structure which would cause any increase in the base flood elevation.

All uses not specifically permitted, unless their allowance is clearly implied in the determination of the Zoning Hearing Board by a very close similar use.

Any new or substantially improved structure which will be used for the production or storage of any hazardous materials or substances, or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any hazardous materials or substances on the premises, or which will involve the production, storage or use of any amount of radioactive substances, including, but not limited to, the comprehensive list in accordance with the regulations of the US Environmental Protection Agency or as otherwise more currently published.

The production or storage of any substance defined as hazardous waste under the Pennsylvania DEP's Hazardous Waste Management Regulations in quantities of more than five gallons within the identified floodplain area.

The filling of marshlands, dredging, removal of topsoil or damming or relocation of any watercourse, except with the approval of the Pennsylvania DEP.

Any relocation or altering of a watercourse if the water-carrying capacity will be reduced without an appropriate alternative method of stormwater management approved under Chapter 165, Subdivision and Land Development, of the Township Code or any relocation of a waterway without needed Pennsylvania DEP permits. The State Floodplain Coordinating Office and downstream municipalities shall be notified prior to any alteration or relocation of a stream watercourse, and copies of such notifications shall be submitted to FEMA and the Pennsylvania Department of Community and Economic Development.

The following activities or practices are expressly prohibited within floodplain areas:

Clear-cutting of timber or high grading of forests.

Removal or disturbance of vegetation in a manner that is inconsistent with the regulations of this chapter.

Use of fertilizers, pesticides, herbicides, and/or other chemicals, except for selective herbicide application by a qualified professional to control noxious weeds and invasive species of plans in riparian buffers. For the purpose of this provision, a qualified professional shall be licensed by the PA Department of Agriculture as a Commercial/Public Pesticide Applicator and shall be certified in the applicator category of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42, as amended.

Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).

Motor or wheeled vehicle traffic in any area not associated with a designated stream crossing, recreation trail or municipal utility access affixed by their function.

The disturbance of any land or water not associated with the uses listed Subsection C(3) above.

No fill shall be permitted in the floodway or special flood hazard area.

Permitted uses in special flood hazard areas shall be as follows, provided that all other requirements of this section and this ordinance are complied with:

Crop farming, orchards and raising of livestock.

Plant nursery or Christmas tree farm.

Recreational uses, including public and private parks, day camps, picnic groves, golf courses, hunting and fishing membership clubs and boating launches, marinas, docks, wharves, piers, etc., but not to include recreational vehicles or recreational vehicle parks.

Game farm, fish hatchery, hunting and fishing reserve.

Nature reserve.

Front, side or rear yards and required lot area for uses that may or may not be in an abutting district.

Pervious parking areas.

Conditional uses. All applications for conditional uses shall require appropriate state and federal approvals. Conditional uses in the floodplain area shall be as follows:

Dams, culverts and bridges approved by the Pennsylvania DEP if it has jurisdiction over the watershed in question, or by the governmental agency exercising jurisdiction over the watershed.

Paved roads, and driveways, parking areas, and loading areas.

Storm sewers, not including detention facilities.

Grading or regrading of land, including the deposit of topsoil and the grading thereof, and the construction of retaining walls, provided that a detailed engineering study is provided that proves to the satisfaction of the Zoning Hearing Board, based upon review by the Township Engineer, that the grading work will not individually or collectively increase the base flood elevation more than one foot at any point.

Permissible nonconformities. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued, subject to the following conditions:

Existing nonconformities (structures and/or uses) located in the floodway area shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements).

Any modification, alteration, repair, reconstruction or improvements of any kind to a nonconformity (structure and/or use) located in the floodway area shall be elevated and/or floodproofed in accordance with the provisions of this ordinance.

The modification, alteration, repair, reconstruction or improvement of any kind to a nonconformity (structure and/or use), regardless of location, to an extent or amount of 50% or more of its value constitutes a substantial improvement and, therefore, shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.

Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue.

Fill in the floodplain. No fill shall be permitted in the floodway or special flood hazard area. Minor filling may be allowed where needed to protect or restore natural floodplain functions, such as a part of a channel restoration project. Placement of fill in the 0.2% annual chance flood hazard (500-year floodplain) is discouraged and should be minimized. Placement of fill shall be restricted to functional purposes such as elevating a structure. Placement of fill to dispose of spoil from excavation or to elevate yards, parking lots, or fields will not generally be considered a functional purpose. In addition to any required federal and state permits, a Township floodplain development permit shall be required for any filling of either the floodplain area or anywhere within 100 feet of the top of the primary bank of the Lehigh River or the Bushkill Creek or within 50 feet of the top of the primary bank of the Schoeneck Creek. An applicant for such permit shall prove that there will be no increase in stormwater flows or flooding of the contiguous properties of other owners. If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points.

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

Be no steeper than one vertical foot to three horizontal feet, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator.

Be used to the extent to which it does not adversely affect adjacent properties.

Design standards and improvements.

General.

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 and until all required permits or approvals have been first obtained from the commonwealth. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

Where not prohibited by this or any other laws or ordinances, land located in flood-prone area(s) may only be platted for development subject to the requirement that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.

No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the base flood elevation more than one foot at any point. In identified floodplain areas where base flood elevation data are not available, plans shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

If the Palmer Township Board of Supervisors shall determine that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

When a developer does not intend to develop the plat himself and the Palmer Township Board of Supervisors determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land as recommended by the Township Solicitor. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.

Requirement for compensatory storage. All new development shall provide compensatory storage at hydraulically equivalent sites up to a maximum of 195 for a ratio of 1.5:1 or greater. Fill (other than temporary structures and temporary storage) is permitted in flood hazard areas outside of floodways if compensatory storage is provided. Engineering analyses prepared by a qualified professional shall be submitted to demonstrate the compensatory storage hydraulically balances the fill.

Elevation and floodproofing requirements.

Within any Floodplain Area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Floodplain Area, then the following provisions apply:

Residential structures.

Any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation on foundations that are designed and sealed by a registered design professional as complying with the requirements of the International Building Code.

ii.

The design and construction standards and specifications contained in the 2018 IBC, the 2018 IRC and 34 Pa. Code, or the most recent revisions thereof, shall be utilized where they are more restrictive.

Nonresidential structures.

Any new construction or substantial improvement of a nonresidential 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:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

ii.

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

ii.

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 United States Army Corps of Engineers (June 1972, or as amended), 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. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

iii.

The design and construction standards and specifications contained in the 2009 IBC, the 2009 IRC and 34 Pa. Code, or the most recent revisions thereof, shall be utilized where they are more restrictive.

Space below the lowest floor.

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.

ii.

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]

There shall be a minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.

[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.

Elevation records. Records of elevations of the base flood elevation and the lowest floor (including basement) of structures shall be provided by the applicant for all new or substantially improved structures in, and in vicinity to, the floodplain areas. Such information shall indicate whether or not such structures contain a basement. Such information shall be maintained in Township records.

Construction standards. The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner without damage to persons or property. The system shall ensure drainage at all points 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.

Sanitary sewer facilities.

All new or replacement sanitary sewer facilities, whether public or private, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed and floodproofed up to the regulatory flood elevation.

ii.

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.

iii.

The Palmer Township Board of Supervisors may prohibit installation of on-lot sewage disposal facilities requiring soil absorption systems where such systems will not function due to high groundwater, flooding, or unsuitable soil characteristics. The Board of Supervisors may require that the developer note on the face of the plat and in any deed of conveyance areas of the subdivision where soil absorption fields are prohibited.

iv.

The design and construction provisions of the UCC and most recent version of FEMA No. P-348, "Protecting Building Utilities from Flood Damages," and "The International Private Sewage Disposal Code" shall be utilized.

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damage.

Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.

Utilities. All other utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) or floodproofed up to a point one foot above the regulatory flood elevation, and constructed to minimize the chance of impairment during a flood.

Storage. No materials that are buoyant, flammable, explosive or, in times of flood, could be injurious to human, animal, or plant life shall be stored below the regulatory flood elevation.

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.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

ii.

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.

Floors, walls and ceilings.

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.

ii.

Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

iii.

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.

iv.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

Paints and adhesives.

Paints or other finishes used at or below the regulatory flood elevation shall be of a water-resistant quality.

ii.

Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.

iii.

All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

Electrical systems and components.

Electric water heaters, furnaces, air-conditioning and ventilating systems, and other electrical equipment or apparatus shall not be located below the regulatory flood elevation.

ii.

Electrical distribution panels shall be at least three feet above the regulatory flood elevation.

iii.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Utilities and equipment.

Water heaters, furnaces, air-conditioning and ventilation units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

ii.

All fuel supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provision shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

Pilings or columns rather than fill, for the elevation of structures within flood-prone areas, shall be required in order to maintain the storage capacity of the floodplain and to minimize the potential for negative impacts to sensitive ecological areas.

Variances in the floodplain areas.

A variance shall only be granted to the requirements of this section if the applicant can prove that an exceptional and unnecessary hardship of a unique nature is imposed upon the property.

Sound Level Limits by Receiving Lands Use and Time
Land Use or Zoning District Receiving Noise	Hours and Days	Maximum Permitted Sound Level (dBA)
Principally residential lot or nursing homes	7:00 a.m. to 10:00 p.m. other than Sundays and major legal holidays	62
Principally residential lot or nursing homes	10:00 p.m. to 7:00 a.m. and Sundays and major legal holidays	57
Industrially developed or zoned lots	All times and days	74
Any lot not listed above	7:00 a.m. to 10:00 p.m. other than Sundays and major legal holidays	67
Any lot not listed above	10:00 p.m. to 7:00 a.m. and Sundays and major legal holidays	62

Palmer Township City Zoning Code

ARTICLE V

§ 190-501 Environmental preservation required.

§ 190-502 Nuisances prohibited.

§ 190-503 Proposed construction area and natural features and utility corridors; steep slopes.

§ 190-504 Areas with high water table; wetlands.

§ 190-505 Setbacks from waterways and drainage swales.

§ 190-506 Floodplain management.

§ 190-507 Erosion control and grading.

§ 190-508 Storage of gases, liquids and solids.

§ 190-509 Sewage treatment.

§ 190-510 Noise control.

§ 190-511 Vibration control.

§ 190-512 Dust, dirt, smoke, vapor, gas and odor control.

§ 190-513 Light and glare control.

§ 190-515 Control of radioactivity, electrical emissions and electrical disturbances.

§ 190-516 Tree preservation.

§ 190-517 Toxic, hazardous, or explosive uses.