The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act 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 Board of Supervisors of the Township of Thornbury does hereby ordain as follows.
Thornbury Township City Zoning Code
ARTICLE 15
FLOODPLAIN CONSERVATION DISTRICT
§ 27-1501 Statement of Purpose.
[Ord. 3-2015, 8/19/2015[1]]
1.
It is the purpose of this article to promote to the public health, safety and general welfare and to minimize those losses described in § 27-1502, Subsection 1, of this article by provisions designed to:
A.
Restrict or prohibit uses which are dangerous to health, safety or property in times of flood and/or cause increases in flood height or velocities.
B.
Protect the quality and quantity of surface and subsurface water supplied adjacent to and/or underlying the floodplain.
C.
Provide areas for the deposition of flood-borne sediment.
D.
Require that all uses vulnerable to floods (including public facilities), where they are permitted by special exception or variance, be so constructed as to be protected against flood damage.
E.
Require that, where uses are permitted by special exception or variance, written notice be given to prospective purchasers and/or lessees that the land under consideration for agreement of sale or lease is designated as lying either partially or totally within the floodplain as it is defined by § 27-1504 of this article and/or the Township Zoning Map.
F.
Require that, whenever there is a transfer of the ownership of land which lies either totally or partially within the floodplain as it is defined by this article and/or the Township Zoning Map, the deed effectuating such transfer shall contain appropriate notation.
G.
Protect the natural drainageways in order to provide areas for floodwater transport with the least possible perturbation to life and property.
H.
Comply with the minimum requirements of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act (1978-166), each as amended from time to time.
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. 15, Floodplain Conservation District, adopted 2/3/1976 by Ord. 2-1976, as amended.
§ 27-1502 Findings of Fact.
[Ord. 3-2015, 8/19/2015]
1.
The floodplain areas of the Township are subject to periodic inundation, which has resulted in the loss of property, damage to structures, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief, and impairment of the tax base and may result in loss of life, all of which adversely affect the public health, safety, and welfare.
2.
The general causes of these flood losses are the cumulative effect of impervious cover and obstructions in the floodplain causing increases in flood heights and velocities, and the occupancy of floodplains by uses vulnerable to floods.
§ 27-1503 Definitions.
[Ord. 3-2015, 8/19/2015]
For the purposes of this article, the following terms shall have the meanings as ascribed below:
An azonal great group of soils, developed from transported and relatively recently deposited material (alluvium) characterized by a weak modification (or none) of the original material by soil-forming processes.
The areas identified as Zone A in the Flood Insurance Study for which no base flood elevations have been provided.
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor subgrade (below ground level) on all sides.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Township.
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
See § 27-1504 of this article.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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 at any point.
The area of the floodplain not lying within a floodway which may hereafter be covered by floodwaters up to the base flood elevation.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See § 27-1504 for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.
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 attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. [Note: may be referred to as "mobile home" elsewhere in this chapter.]
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. [Note: may be referred to as "mobile home park" elsewhere in this chapter.]
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 or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the effective start date of this article and includes any subsequent improvements to such structures. Any construction started after April 27, 1973, and before the effective start date of this article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
A vehicle which is:
Built on a single chassis.
Four hundred square feet or less when measured at the largest horizontal projection.
Designed to be self-propelled or permanently towable by a light-duty truck.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
The base flood elevation plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which costs of repair at the time of each such flood event, on average, equal or exceed 25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" either:
This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
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
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
The failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is obtained and/or provided.
§ 27-1504 Definition of Floodplain Conservation District.
[Ord. 3-2015, 8/19/2015]
1.
The Floodplain Conservation District is defined and established to be the special flood hazard areas (SFHAs), low areas adjoining and including a watercourse or other body of water (such as "pond, marsh and/or lake") which are subject to the base flood elevation, as delineated on the FIRM for Thornbury Township, Delaware County, Pennsylvania, prepared by the Federal Emergency Management Agency, effective November 18, 2009, or the most-recent revision thereof, and as mostly alluvial soils as delineated in the Soil Survey for Chester and Delaware Counties, Pennsylvania, 1964, prepared by the United States Department of Agriculture, Soil Conservation Service. It includes the areas defined as alluvial soils, floodway, floodway fringe and approximated floodplain.
2.
The area designated "floodplain" in Township is outlined and delineated using hydrologic technical data compiled by the Federal Emergency Management Agency, FIS, for Thornbury Township, Delaware County, Pennsylvania, effective November 18, 2009, which includes the base flood data plus projected runoff data from future development per applicable comprehensive plans; and soil data compiled by the United States Department of Agriculture, Natural Resources Conservation Service. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Township of Thornbury and declared to be a part of this article.
3.
The Floodplain Conservation District shall be shown on the Township Zoning Map, which, together with a specific Floodplain District Map and all explanatory material, shall be available for inspection upon request to the Township Secretary.
4.
For purposes of defining application of this article and its map to any specific area, the Township Zoning Map, data and other sources of material specified in Subsections 2 and 3 of this section shall be available and shall be proof of the intended limits of the Floodplain Conservation District.
A.
The Floodplain Conservation District may be revised by the Township where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data relied upon in making such changes. No reduction in the Floodplain Conservation District shall be made without prior consultation with and approval of the Federal Emergency Management Agency. Any changes which are officially adopted shall be recorded on the Township Zoning Map.
B.
In the case of any dispute concerning the boundaries of the Floodplain Conservation District, an initial determination shall be made by the Township Engineer and a report, in writing, made to the Township.
C.
Any party aggrieved by any determination of the Township Engineer which has been approved by the Board of Supervisors as to the boundaries of the Floodplain Conservation District or other decision or determination under this article may appeal to the Zoning Hearing Board. The burden of proof of such appeal shall be on the applicant.
§ 27-1505 Permitted Uses.
[Ord. 3-2015, 8/19/2015]
1.
The following uses and no others (unless by special exception or variance granted by the Zoning Hearing Board) are permitted in the Floodplain Conservation District; provided that if located in the floodway, no new construction, development, use, activity or encroachment would result in any increase in flood heights (as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice):
A.
Cultivation and harvesting of crops in accordance with recognized soil conservation practices, as defined and determined by the United States Department of Agriculture, Natural Resources Conservation Service.
B.
Pasture and grazing.
C.
Outdoor plant nursery, orchard, tree farm.
D.
Fish hatchery, hunting and fishing preserve.
E.
Wildlife sanctuary.
F.
Permeable parking areas and driveways when permitted by the regulations for the contiguous zoning district otherwise applicable to the lot.
G.
Closed sanitary sewer line systems, designed and constructed to minimize or eliminate infiltration, when constructed on the floodway fringe of the Floodplain Conservation District, but in no case running along or directly within the floodway, except when such required course must cross a floodway junction.
H.
A maximum of 3/4 of any setback required for the development of any lot or tract in any zoning district contiguous to the Floodplain Conservation District, provided that such setback shall not be used for any on-site sewage disposal system or a well.
§ 27-1506 Uses by Special Exception.
[Ord. 3-2015, 8/19/2015]
1.
The following uses may be allowed when granted by the Zoning Hearing Board:
A.
Sewage treatment plants and pumping stations, water pumping station and water treatment plants, and storm sewer systems, subject to approval of the Department of Environmental Protection of the commonwealth and the Township Engineer, when constructed on the floodway fringe of the Floodplain Conservation District, but in no case within the floodway. These systems shall be designed and constructed to eliminate infiltration of floodwaters into the systems and discharges from the systems into the waters of the commonwealth.
B.
Dams, culverts, and bridges when approved by the Department of Environmental Protection of the commonwealth and the Township Engineer.
C.
Recreational uses, both public and private, such as parks, day camps, and athletic fields, excluding permanent structures.
D.
Grading and/or fill, provided that the effect does not adversely affect either the cross-sectional profile of the stream, watercourse and Floodplain Conservation District or increase the base flood elevation of the floodway or the velocity of the water in the floodway at the point of such grading or fill. All requests for change of grade shall be accompanied by a detailed engineering report, including maps showing all existing contours and all proposed contours. In no case shall fill be used which should in any way contaminate or pollute the stream, pond, lake or other water body.
(1)
If fill is used, it shall:
(a)
Extend laterally at least 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 to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the floodplain administrator;
(e)
Be used to the extent to which it does not adversely affect adjacent properties; and
(f)
Meet Pennsylvania clean fill standards.
2.
Factors to be considered by the Zoning Hearing Board in passing upon each application for special exception are as follows:
A.
The danger to life and property due to increased flood levels or velocities caused by encroachments.
B.
The danger that materials may be swept onto other lands or downstream to the possible injury of others.
C.
The ability of any proposed water supply and/or sanitation systems to avoid causing disease, contamination, and unsanitary conditions.
D.
The susceptibility of the proposed use to flood damage and the effect of such damage on the owner and the community.
E.
The requirements of the use for a floodway or floodway fringe location.
F.
The availability of alternative locations, not subject to flooding, for the proposed use.
G.
The compatibility of the proposed use with existing and foreseeable nearby uses.
H.
The relationship of the proposed use to the Comprehensive Plan and Floodplain Conservation Management Program for the area.
I.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
J.
The expected levels, velocity, duration, rate of rise, and sediment transport of the floodwaters in the Floodplain Conservation District expected at the site, resulting from a study by a registered professional engineer qualified in hydrology in the commonwealth.
K.
Such other factors which may be considered relevant to the purposes of this article.
§ 27-1507 Prohibited Uses and Activities.
[Ord. 3-2015, 8/19/2015]
1.
In addition to and without limitation of the uses specifically permitted in the Floodplain Conservation District by the provisions of this article, the following activities are specifically prohibited in the Floodplain Conservation District:
A.
The clearing of vegetation, except for brush, weeds and the removal of diseased shrubs or trees, or trees or portions thereof which might cause hazard to life or property; and except where such clearing is necessary for construction permitted as a result of action by the Zoning Hearing Board.
B.
Sod farming.
C.
Storage of any material which, if inundated, would float.
D.
Storage of flammable or toxic material or any other material which, if inundated, would degrade or pollute the stream, or cause damage if swept downstream.
E.
Installation or maintenance of on-site sewage disposal systems and wells.
F.
Placement or maintenance of a manufactured home within the floodway.
G.
Alteration or relocation of any watercourse, except in accordance with this article.
H.
The construction or use of any structure for the production or storage of any of the following materials or substances, or for any activity involving the depositing or maintenance of any of the following materials or substances on the premises (including both indoors and outdoors):
(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.
I.
Hospitals, nursing homes, jails, prisons and manufactured home parks or substantial improvements to manufactured home parks.
J.
No new construction or development shall be located within any area identified in any Township ordinance or code as riparian buffer.
K.
In areas of the Floodplain Conservation District without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect or all past and projected development will not increase the BFE by more than one foot.
§ 27-1508 Variance Standards.
[Ord. 3-2015, 8/19/2015]
1.
Hardship. Except where specifically prohibited in this article, if compliance with the requirements of this article would result in exceptional hardship to a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements of this article in accordance with this section.
2.
Standards. In any instance where the Zoning Hearing Board is required to consider a request for a variance from the provisions of this article, the Board shall first determine that the standards and criteria enumerated in Section 910.2 of the Municipalities Planning Code, 53 P.S. § 10910.2, are met before granting the request. The Board shall not grant any use variance for uses listed under § 27-1507 of this article.
3.
In considering whether the proposed use would be injurious to the public health, welfare and safety, the Board shall give special and particular consideration to the following factors:
A.
The danger to life and property due to increased flood levels or velocities caused by encroachments.
B.
The danger that materials may be swept onto other lands or downstream to the possible injury of others.
C.
The ability of any proposed water supply and/or sanitation systems to avoid the causing of disease, contamination and unsanitary conditions.
D.
The susceptibility of the proposed use to flood damage and the effect of such damage on the owner or occupant and the community.
4.
Notice shall be given to the Federal Emergency Management Agency and the Pennsylvania Department of Economic and Community Development of all variances granted under this article.
§ 27-1509 Conditions for Special Exceptions; Variances.
[Ord. 3-2015, 8/19/2015]
1.
Upon consideration of the purposes of this article, the Board may attach such conditions to the granting of a special exception or variance as it deems necessary to further the purposes of this article, including, without limitation because of specific enumeration, the following:
A.
Any new construction and/or substantial improvement to an existing structure shall have the lowest floor, including basement, elevated to 1 1/2 feet above the surface water elevation for a base flood at the place of construction. In any area for which the said elevation is not designated in the FIS or FIRM for the Township, the required elevation shall be determined by selecting the point on the boundary of the approximated floodplain nearest to the site in question and elevating the lowest floor of the structure to 1 1/2 feet above such elevation. All such structures shall be securely anchored to prevent flotation, collapse and lateral movement; all such structures shall employ construction materials and techniques to minimize flood damage. Adequate drainage shall be provided. All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage. All building materials shall be flood-resistant. Electrical, heating, ventilation, plumbing, and air-conditioning equipment, and other service facilities shall be designed and/or located to prevent water entry or accumulation. The elevation of the proposed lowest floor shall be indicated on the application for a building permit. The provisions of all other state and federal rules and regulations are applicable to such construction, including the provisions of Section 60.3(d) of the National Flood Insurance Program Regulations, as amended.
B.
That such uses shall be designed so that the floodway shall carry the waters of the base flood without increasing the water surface elevation of that flood at any point.
2.
In any case where the Board shall grant a special exception to permit the erection of a building in the floodplain, floodway fringe or approximated floodplain and the premises with such a modified use should be offered for sale or lease, or shall grant a variance or special exception to permit a change in a nonconforming use of a building already existing in a Floodplain Conservation District and such use could be offered for sale or lease, the Board shall, for the protection of prospective purchasers and lessees, impose the following conditions:
A.
Require the applicant to advise prospective purchasers and/or lessees in writing that the lot is located in its entirety or partially, as the case may be, in the Floodplain Conservation District and to place such notation on any agreement of sale or lease.
B.
Require that, before settlement or change in use, as the case may be, the purchaser or lessee shall signify in writing that he has been advised that the premises lies entirely or partially in the Floodplain Conservation District, and a signed copy of such signification shall be delivered to the Township Secretary.
C.
Where the premises are to be conveyed, require that the deed shall contain the following notation: "This lot is entirely (partially) within the Floodplain Conservation District as defined by Article 15 of the Zoning Ordinance of Thornbury Township, Delaware County, Pennsylvania."
§ 27-1510 Procedures for Review of Special Exceptions and Variances.
[Ord. 3-2015, 8/19/2015]
1.
Upon receiving an application for a special exception or a variance, the Zoning Hearing Board shall, prior to hearing, require the applicant to furnish such of the following materials as is deemed necessary by the Board under the existing use conditions and as it would exist if the proposed use were approved, as appropriate:
A.
Five copies of plans, drawn to scale, showing the nature, location, dimensions and elevation of the lot; photographs showing existing uses and vegetation; soil types and other pertinent information.
B.
A series of cross sections at twenty-foot intervals along the lot shoreline, showing the stream channel, or the lake or pond bottom, and elevation of adjoining land areas to be occupied by the proposed uses, and high-water information.
C.
Profile showing the existing slope of the bottom of the channel, lake or pond and calculations as to the effect of the proposed use upon the bottom and banks of the channel, lake or pond.
D.
Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply, and sanitary facilities.
E.
Computation of the change, if any, in the level and velocity of the water which would be attributable to any proposed uses.
F.
Specific elevations of the lowest point of the nearest building line to the floodplain boundary and point at which the building leaves the Floodplain Conservation District.
2.
In considering any application for a special exception or variance, the Zoning Hearing Board may request before the hearing the written advice of the Board of Supervisors, the Planning Commission, the Township Engineer and other technical experts concerning the extent to which the proposed use would:
A.
Diminish the capacity of the Floodplain Conservation District to store and absorb floodwaters, to increase flood velocities, and to accommodate sediment.
B.
Be subject to flood damage.
C.
Cause erosion and impair the amenity of the Floodplain Conservation District.
D.
Adversely affect the area contiguous to the Floodplain Conservation District as well as the areas downstream.
3.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4.
The Township shall notify the applicant, in writing, over the signature of a Township official, that:
A.
The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance; and
B.
Such construction below the regulatory flood elevation increases risks to life and property. Such notification shall be maintained with a record of all variance actions.
§ 27-1511 Elevation and Floodproofing.
[Ord. 3-2015, 8/19/2015]
1.
Residential Structures. Within any identified floodplain area, any new construction of or improvement to an existing residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the Thornbury Township Construction Code, as amended, shall be utilized.
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 up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
B.
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated up to or above the regulatory flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
C.
The design and construction standards and specifications contained in the Thornbury Township Construction Code, as amended, shall otherwise be utilized.
3.
Space Below the Lowest Floor. Fully enclosed space in any structure below the lowest floor (including basement) is prohibited.
4.
Existing Structures. The following provisions shall apply, in addition to any other applicable provisions of this article, whenever any improvement is proposed to be made to an existing structure located within any identified floodplain area:
A.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the BFE.
B.
No expansion or enlargement of an existing structure shall be allowed which would, together with all other existing and anticipated development, increase the BFE of the identified floodplain area outside of the floodway more than one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only when the entire structure is in full compliance with the provisions of this article.
D.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
E.
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this article.
F.
All new construction shall be elevated up to or above the regulatory flood elevation.
G.
All activity shall otherwise be in compliance with the Thornbury Township Construction Code, as amended.
5.
Accessory Structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry but shall comply, at a minimum, with the following requirements:
A.
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material, and equipment related to the principal use or activity.
B.
Floor area shall not exceed 100 square feet.
C.
The structure will have a low damage potential from water inundation.
D.
The structure will be located so as to cause the least obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will be elevated to the regulatory 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 floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(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.
(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.
§ 27-1512 Subdivisions, Development Proposals, and Manufactured Home and Recreational Vehicle Standards.
[Ord. 3-2015, 8/19/2015]
1.
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
2.
Where approved as a special exception or variance by the Zoning Hearing Board, within the Floodplain Conservation District, all manufactured homes, and any improvements thereto, shall be:
3.
No new construction, substantial improvements, or other development, including fill, shall be permitted in the Floodplain Conservation Zone (excluding floodways where they are prohibited), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Township.
4.
Recreational vehicles placed on sites within the Floodplain Conservation District shall either:
§ 27-1513 Additional Building Permit Requirements.
[Ord. 3-2015, 8/19/2015]
1.
In addition to the requirements for any building permit in the Township, an applicant proposing construction in the floodplain shall also provide the following information, as applicable:
A.
A brief description of the proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.
B.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Township to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this article and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse or lateral movement;
(5)
All building materials shall be flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used; and
(7)
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located to prevent water entry or accumulation.
C.
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
(1)
The proposed lowest floor elevation of any proposed building based upon the North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood;
(4)
Detailed information concerning any proposed floodproofing measures; and
(5)
Such supplemental information as may be required by the Township under the Thornbury Township Construction Code.
2.
The Township shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this article and all other applicable codes and ordinances.
A.
Prior to the issuance of any permit, the Township shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the United States Clean Water Act, Section 404, 33 U.S.C § 1344. No permit shall be issued until this determination has been made.
B.
In the case of existing structures, prior to the issuance of any permit, the Township shall also review the history of repairs to the subject building, so that any repetitive loss issues can be addressed.
C.
Following the issuance of any permit and during the construction period under said permit, the Township shall inspect the work to determine that the work is progressing in compliance with the permit.
D.
Township officials shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article.
E.
In the event the Township discovers that the work does not comply with the permit or any other applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Township may revoke the permit and take such other action as the Township may deem necessary.
F.
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this article, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement, as long as the structure exists.
3.
After the issuance of a permit by the Township, 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 Township. Requests for any such change shall be in writing and shall be submitted by the applicant to the Township.
4.
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire, unless a time extension is granted, in writing, by the floodplain administrator. The issuance of a development permit does not refer to the zoning approval.
A.
The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
B.
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the floodplain administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
§ 27-1514 Determination of Flood Elevations in Areas of the Approximated Floodplain.
[Ord. 3-2015, 8/19/2015]
The Township may, at the recommendation of the Township Engineer, require an applicant for any improvement in the Floodplain Conservation District, whether permitted by right, special exception or variance, to have the floodplain elevation and extent determined by a Pennsylvania registered professional engineer in accordance with FEMA standard calculation methodologies.
§ 27-1515 Alteration or Relocation of Watercourses.
[Ord. 3-2015, 8/19/2015]
1.
No encroachment, alteration or improvement of any kind shall be made to any watercourse, unless and until:
A.
The governing bodies of 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 DEP's regional office.
B.
It is shown that all activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
C.
FEMA and the Pennsylvania Department of Community and Economic Development are notified prior to any alteration or relocation of any watercourse.
2.
When the Township of Thornbury proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the applicant shall (as per 44 CFR Part 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
B.
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
C.
Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.
3.
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions of this article and other applicable codes, ordinances and regulations, provided that no such construction, development, uses or activities shall be undertaken without first securing all required permits.
§ 27-1516 Transfer of Property.
[Ord. 3-2015, 8/19/2015]
Whenever there is a transfer of ownership of land which lies either totally or partially in the floodplain as it is defined by § 27-1504 of this article and/or the Township Zoning Map, the deed effectuating such transfer shall contain the following information: "This lot is entirely (partially) within the Floodplain Conservation District as defined by Article 15 of the Zoning Ordinance of Thornbury Township, Delaware County, Pennsylvania."
§ 27-1517 Warning and Disclaimer of Liability.
[Ord. 3-2015, 8/19/2015]
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific study. Larger floods may occur, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply (and no inference may be drawn) that areas outside of any identified floodplain areas or that uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the Township or any elected or appointed official, officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision made thereunder.
§ 27-1518 Severability.
[Ord. 3-2015, 8/19/2015]
The provisions of this article are severable; and if any article, provision, section, sentence, clause, exception or exemption shall be illegal, invalid or unconstitutional, such illegality, invalidity or unconstitutionality shall not affect or impair any of the remaining parts, provisions, sections, sentences, clauses, exceptions or exemptions of this article. It is hereby declared to be the intent of the Board of Supervisors that this article would have been adopted even if such illegal, invalid or unconstitutional part, provision, section, sentence, clause, exception or exemption had not been included herein.
§ 27-1519 Interpretation.
[Ord. 3-2015, 8/19/2015]
This article is designed to reduce flood losses and shall take precedence over any conflicting laws, ordinances, or codes; and where the provisions of this article and all standards and specifications adopted under it impose greater restrictions than those of any other ordinance or regulation, the provisions of this article and its standards and specifications shall be controlling. If there is any conflict between any of the provisions of this article and those of any other rule, regulation, ordinance, code or law, the more-restrictive provisions shall apply. The interpretation and administration of the provisions of this article shall be vested in the Township Zoning Officer as floodplain administrator.
§ 27-1520 Penalties.
[Ord. 3-2015, 8/19/2015]
In addition to penalties as are set forth for violations of this article in § 27-2502 of this chapter, any construction or development performed in violation of the provisions of this chapter shall be restored to its previous condition, including the destruction of illegally constructed buildings, replacement of excavated earth, removal of illegally placed fill, and restoration of grades and plantings to the original condition.