West Caln Township City Zoning Code
ARTICLE X
Natural Resource Protection Standards
§ 350-1000 Purpose.
The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts and are specifically authorized by Section 604 of Act 247. These standards are intended to meet the following purposes:
A.
Promote and implement Sections 603(c)(7), 603 (g)(2), 604(1), and 604(3) of Act 247 providing for the protection and preservation of environmentally sensitive areas, prime agricultural land, and natural resources through Zoning Ordinances.
B.
Delineate selected natural resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.
C.
Conserve and protect valuable natural resources within the Township in accordance with the following goals of the West Caln Township Comprehensive Plan (1998) and the West Caln Township Open Space, Recreation, and Environmental Resources Plan (1995):
(1)
Natural and historic resources protection goals.
(a)
Preserve the natural character of the Township by protecting those natural, scenic and historic features that contribute to that unique character and the local quality of life.
(b)
Use new and innovative land management tools and techniques to promote the preservation and protection of the natural, scenic, and historic resources.
(2)
Goal for protection of land resources. Retain as much of the remaining open and rural character of the Township as possible.
(3)
Goal for protection of water resources. Protect and preserve the water resources of West Caln Township for the health and well being of current and future residents and for wildlife and vegetation dependent on water supplies.
(4)
Goal for the protection of biotic diversity. Retain natural areas of sufficient size and quality to support viable native ecosystems of plant and animal species.
§ 350-1001 Applicability and general provisions.
A.
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this article prior to the submission, review, and approval of applications for zoning or building permits; conditional use or special exception approvals; zoning variances; or submission of plans for subdivision or land development.
(1)
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this article and other applicable Township ordinance provisions or federal or state regulations.
(2)
Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.
B.
In the event that the provisions of this article and the provisions of other applicable Township standards or federal or state regulations are in conflict, the more restrictive provisions shall apply.
C.
In the event that two or more natural resources identified in this article overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.
§ 350-1002 Protection standards.
A.
Floodplain regulations.
[Amended 9-25-2006 by Ord. No. 55; 8-9-2017 by Ord. No. 2017-1]
(1)
General provisions.
(a)
Intent. The intent of this chapter is to:
[1]
Promote the general health, welfare, and safety of the community.
[2]
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
[3]
Minimize danger to public health by protecting water supply and natural drainage.
[4]
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
[5]
Comply with federal and state floodplain management requirements.
(b)
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Identified Floodplain Area of the Township unless a permit has been obtained from the Floodplain Administrator.
(c)
Abrogation and greater restrictions. This chapter supersedes any other conflicting provisions which may be in effect in Identified Floodplain Areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
(d)
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
(e)
Warning and disclaimer of liability.
[1]
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
[2]
This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(2)
Administration.
(a)
Designation of the Floodplain Administrator.
[1]
The Zoning Officer of the Township is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
[a]
Fulfill the duties and responsibilities set forth in these regulations;
[b]
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
[c]
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
[2]
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Assistant Zoning Officer.
(b)
Permits required. A permit shall be required before any construction or development is undertaken within any Identified Floodplain Area of the Township.
(c)
Duties and responsibilities of the Floodplain Administrator.
[1]
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
[2]
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
[3]
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 preimprovement 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.
[4]
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
[5]
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
[6]
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.
[7]
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this chapter including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
[8]
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.
[9]
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.
[10]
The Floodplain Administrator shall consider the requirements of the 34 Pa Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(d)
Application procedures and requirements.
[1]
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township. Such application shall contain the following:
[a]
Name and address of applicant.
[b]
Name and address of owner of land on which proposed construction is to occur.
[c]
Name and address of contractor.
[d]
Site location including address.
[e]
Listing of other permits required.
[f]
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
[g]
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
[2]
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[a]
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;
[b]
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
[c]
Adequate drainage is provided so as to reduce exposure to flood hazards;
[d]
Structures will be anchored to prevent flotation, collapse, or lateral movement;
[e]
Building materials are flood-resistant;
[f]
Appropriate practices that minimize flood damage have been used; and
[g]
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
[3]
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
[a]
A completed Permit Application Form.
[b]
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[i]
North arrow, scale, and date;
[ii]
Topographic contour lines, if available;
[iii]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[iv]
The location of all existing streets, drives, and other access ways; and
[v]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
[c]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[i]
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[ii]
The elevation of the base flood;
[iii]
Supplemental information as may be necessary under 34 Pa Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
[d]
The following data and documentation:
[i]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[ii]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[iii]
Documentation, certified by a registered professional engineer, to show that the effect of any proposed development within a floodway area (See § 350-1002A(3)(b)[1]) will not increase the base flood elevation at any point.
[iv]
Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[v]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.
[vi]
Detailed information needed to determine compliance with subsequent sections regarding Storage, and Development Which May Endanger Human Life, including:
[A]
The amount, location and purpose of any materials or substances referred to in such sections which are intended to be used, produced, stored or otherwise maintained on site.
[B]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed during a base flood.
[vii]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[viii]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
[4]
Applications for permits shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
(e)
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 may be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit.
(f)
Review of application by others. A copy of all plans and applications for any proposed construction or development in any Identified Floodplain Area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
(g)
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
(h)
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
(i)
Start of construction.
[1]
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 development permit does not refer to the zoning approval.
[2]
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.
[3]
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with this chapter and FIRM/FIS in effect at the time the extension is granted.
(3)
Identification of floodplain areas.
(a)
Identification.
[1]
The identified floodplain area shall be:
[a]
Any areas of the West Caln Township, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
[2]
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township and declared to be a part of this chapter.
(b)
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
[1]
The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS and FIRM.
[a]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[b]
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
[2]
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[a]
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
[b]
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
[i]
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one-foot within the entire community during the occurrence of the base flood discharge.
[ii]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
[3]
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 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.
[4]
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1%-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
[5]
In lieu of the above methods, 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. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(c)
Changes in identification of area. The Identified Floodplain Area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See § 350-1002A(4)(a)[2] for situations where FEMA notification is required.
(d)
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township, with input from the Township Engineer, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(e)
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
(4)
Technical provisions.
(a)
General.
[1]
Alteration or relocation of watercourse.
[a]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
[b]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
[c]
In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
[2]
When the Township 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 65.12):
[a]
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[b]
Upon receipt of the FEMA 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, the applicant 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 contained in this chapter and any other applicable codes, ordinances and regulations.
[4]
Additional use regulations.
[a]
Uses permitted by-right. The following uses are permitted within the Identified Floodplain Area, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, 35 P.S. § 691-691.1001, the rules and regulations of the PaDEP, all other applicable provisions of this chapter and other local, state, and federal regulations.
[i]
Agricultural uses such as general farming, pasture, orchard, grazing, outdoor plant nurseries, truck farming, forestry, and wild crop harvesting, provided no impervious materials are used.
[ii]
Recreational uses such as: park, camp, picnic grounds, golf courses, golf driving range, hiking, equestrian, and cycling trails, hunting and fishing areas, game farm, fish hatchery, woodland preserve, game preserve, nature preserve, wildlife sanctuary, swimming areas or other conservation use, provided no impervious materials are used.
[iii]
Municipal or public use, including recreational areas, provided no impervious materials are used.
[iv]
Uses accessory to those permitted by the underlying zoning district, including yards, driveways, and parking, provided no impervious materials are used.
[v]
Dams, culverts, impounded basins, and bridges approved by the PaDEP and the U.S. Army Corps of Engineers, where applicable.
[b]
Special exception uses. The following uses may be permitted upon the issuance of a special exception by the Zoning Hearing Board as provided herein this chapter and in this section, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, 35 P.S. §§ 691.1 through 691.1001, as amended, the rules and regulations of the PaDEP, all other applicable provisions of this chapter and other local, state and federal regulations. In issuing any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter:
[i]
Accessory uses customarily incidental to any of the foregoing permitted uses.
[ii]
Temporary uses such as circuses, festivals, and similar transient amusement enterprises, provided that natural vegetative ground cover remains as it was prior to the temporary event and is not destroyed, removed, or altered in any way to create sedimentation or erosion.
[iii]
Roadside stands and signs.
[iv]
Utilities and public facilities including streets, water lines, storm sewers and sewage treatment plants.
[v]
Modifications to structures existing as of the date of adoption of this chapter, subject to the provisions of this section.
[vi]
Adaptive reuse of an existing building or structure in accordance with the underlying zoning district.
(b)
Elevation and floodproofing requirements. Within any Identified Floodplain Area, with the exception of uses permitted by right or by special exception as listed above, any new construction or substantial improvements shall be prohibited. If a variance or special exception is granted, or the use is permitted by right, then the following provisions apply to improvements constructed within the Identified Floodplain Area:
[1]
Residential structures.
[a]
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[b]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this chapter.
[c]
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
[d]
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
[2]
Nonresidential structures.
[a]
In AE, A1-30 and AH Zones, 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:
[b]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this chapter.
[c]
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
[d]
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards. 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.
[e]
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential Floodproofing Certificate and prior to the issuance of the Certificate of Occupancy:
[i]
An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
[ii]
Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
[A]
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[B]
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[C]
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[D]
An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[E]
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
[F]
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
[3]
Space below the lowest floor.
[a]
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 flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
[b]
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[i]
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.
[ii]
The bottom of all openings shall be no higher than one foot above grade.
[iii]
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
[4]
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
[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 200 square feet.
[c]
The structure will have a low damage potential.
[d]
The structure will be located on the site so as to cause the least obstruction to the flow of flood waters.
[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]
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[i]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[ii]
The bottom of all openings shall be no higher than one foot above grade.
[iii]
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
[h]
For accessory structures that are in excess of 200 square feet and that are below the base flood elevation, a variance is required. If a variance is granted, a signed Declaration of Land Restriction (Nonconversion Agreement) shall be recorded on the property deed prior to issuance of the Certificate of Occupancy.
[i]
Prohibit the storage of hazardous materials, including those on the specific list contained in this article, within accessory structures.
(c)
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
[1]
Fill. Within any Identified Floodplain Area, the use of fill shall be prohibited. If a variance is obtained in accordance with required criteria, then the following provisions apply:
[a]
If fill is used, it shall:
[i]
Extend laterally at least 15 feet beyond the building line from all points;
[ii]
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
[iii]
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[iv]
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
[v]
Be used to the extent to which it does not adversely affect adjacent properties.
[2]
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
[3]
Water and sanitary sewer facilities and systems.
[a]
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
[b]
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
[c]
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.
[d]
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.
[4]
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
[5]
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
[6]
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in the section entitled Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
[7]
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
[8]
Anchoring.
[a]
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[b]
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
[9]
Floors, walls and ceilings.
[a]
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.
[b]
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[c]
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.
[d]
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
[10]
Paints and adhesives.
[a]
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
[b]
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[c]
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
[12]
Equipment.
[a]
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral movement.
[b]
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.
[13]
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
[14]
Uniform construction code coordination. The standards and specifications contained in 34 Pa Code (Chapters 401-405), as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and supplement the requirements of this chapter.
[a]
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[b]
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Sections R104, R105, R109, R322, Appendix E, and Appendix J.
(d)
Development which may endanger human life. Within any Identified Floodplain Area, any structure of the kind described below, shall be prohibited, and shall not be eligible for variance consideration.
[1]
In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, will involve the production, storage, or use of any amount of radioactive substances; shall be prohibited. The following list of materials and substances are considered dangerous to human life:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzene.
[d]
Calcium carbide.
[e]
Carbon disulfide.
[f]
Celluloid.
[g]
Chlorine.
[h]
Hydrochloric acid.
[i]
Hydrocyanic acid.
[j]
Magnesium.
[k]
Nitric acid and oxides of nitrogen.
[l]
Petroleum products (gasoline, fuel oil, etc.)
[m]
Phosphorus.
[n]
Potassium.
[o]
Sodium.
[p]
Sulphur and sulphur products.
[q]
Pesticides (including insecticides, fungicides, and rodenticides).
[r]
Radioactive substances, insofar as such substances are not otherwise regulated.
(e)
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in Identified Floodplain Areas where 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 (CLOMR) and Letter of Map Revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(f)
Special requirements for manufactured homes.
[1]
Within any Floodway Area/District, manufactured homes shall be prohibited. If a variance is obtained in accordance with the required criteria, then the following provisions apply.
[2]
Within any Identified Floodplain Area manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
[3]
Where permitted by variance within any Identified Floodplain Area, all manufactured homes, and any improvements thereto, shall be:
[4]
Equipment requirement:
[a]
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral improvement.
[b]
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.
[5]
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 "International Residential Building Code" or the "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto and 34 Pa Code Chapter 401-405 shall apply.
[6]
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 Pa Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
(g)
Special requirements for recreational vehicles. Within any Identified Floodplain Area recreational vehicles shall be prohibited. If a variance is obtained in accordance with the required criteria, then the following provisions apply:
(5)
Prohibited activities.
(a)
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act, the following activities shall be prohibited within any Identified Floodplain Area.
(6)
Existing structures in identified floodplain areas.
(a)
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply.
(b)
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any Identified Floodplain Area:
[1]
No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
[2]
No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
[3]
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
[4]
The above activity shall also address the requirements of the 34 Pa Code, as amended and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
[5]
Within any Floodway Area/District, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
[6]
Within any AE Area/District without Floodway, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(7)
Variances.
(a)
General. If compliance with any of the requirements of this chapter would result in an 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.
(b)
Variance procedures and conditions.
[1]
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article XVII and the following:
[a]
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
[b]
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
[c]
No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed Non-Conversion Agreement is required as a condition of receiving the variance.
[d]
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to Prohibited Activities, or to Development Which May Endanger Human Life.
[e]
If granted, a variance shall involve only the least modification necessary to provide relief.
[f]
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
[h]
[i]
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
[2]
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
(8)
Definitions.
(a)
General. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its' most reasonable application.
(b) ACCESSORY USE OR STRUCTURE BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING DECLARATION OF LAND RESTRICTION (NON-CONVERSION AGREEMENT) DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOODWAY HIGHEST ADJACENT GRADE HISTORIC STRUCTURES[1] [2] [3] [4] IDENTIFIED FLOODPLAIN AREA LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION PERSON POST-FIRM STRUCTURE PRE-FIRM STRUCTURE RECREATIONAL VEHICLE[1] [2] [3] [4] REGULATORY FLOOD ELEVATION SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT UNIFORM CONSTRUCTION CODE (UCC) VIOLATION
Specific definitions. As used in this section, the following terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
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).
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).
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 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.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
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.
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 hazards and the risk premium zones applicable to the community.
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.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 which have been approved by the Secretary of the Interior; or
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.
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 non-elevation design requirements of this chapter.
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.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after September 29, 2017, and includes any subsequent improvements to such structures. Any construction started after January 17, 1985, and before September 29, 2017, 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.
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.
Is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated January 17, 1985, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
Is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated January 17, 1985, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck,
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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.
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, AO, A1-A30, AE, A99, or, AH.
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 manufacture home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, The Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
B.
Steep slopes. The following protection standards shall apply for steep slopes:
(1)
Measurement of slopes.
(b)
Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
(2)
Resource protection standards.
(a)
Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and, in no case, shall it exceed the following permitted disturbance limits:
(b)
Disturbance limits.
[1]
Moderately steep slopes. No more than 30% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed.
[2]
Very steep slopes. No more than 15% of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on very steep slopes shall be limited to the following activities:
[a]
Timber harvesting, when conducted in compliance with the required timber harvesting plan. Clear-cutting or grubbing of trees is prohibited on very steep slopes.
[b]
Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water, and other utility lines when it can be demonstrated that no other routing is feasible.
(c)
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition.
(d)
A grading plan shall be provided identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures.
(e)
New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads.
(f)
Finished slopes of permitted cut and fill shall not exceed 33% slope unless the applicant can demonstrate to the satisfaction of the Township Engineer the method by which steeper slopes can be stabilized and maintained adequately.
(g)
All stockpiles of earth shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer or the Chester County Conservation District when stored for more than 21 days. Cut and fill resulting in slopes of greater than 25% shall be protected with an erosion control blanket.
(h)
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 300, Subdivision and Land Development, and 25 Pa. Code §§ 102.1 through 102.51.
[1]
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 300, Subdivision and Land Development.
[2]
The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.
(i)
Where the following information has not been previously submitted as part of a subdivision or land development plan application, such information shall be submitted to the Township with permit, conditional use, special exception, or zoning applications, when applicable:
[1]
The adequacy of access to the site for emergency vehicles shall be subject to review by the Fire Marshal or his designee. The necessary information shall be submitted by the applicant to the Fire Marshal or his designee for his review.
[2]
The grading plan and erosion and sedimentation control plans in § 350-1002B(2)(h), above.
[3]
For slopes of greater than 25%, an architectural plan, including materials and type of foundation to be used to overcome structural problems associated with slope conditions.
(3)
Delineation. The applicant shall delineate the two categories of steep slopes (moderately steep, very steep) which are on the site in accordance with this section.
C.
Watercourses/riparian forest buffers.
(2)
Resource protection standards.
(a)
Zone One protection standards.
[1]
Except as specified in Subsection C(2)(a)[2] below, no vegetation disturbance or other land disturbance shall be permitted within a Zone One riparian forest buffer.
[2]
The following uses and activities shall be permitted within a Zone One riparian forest buffer.
[a]
Regulated activities permitted by the Commonwealth of Pennsylvania (i.e., permitted stream or wetland crossing) not to exceed a maximum permitted disturbance of 5%;
[b]
Provision for unpaved trail access or trail system;
[c]
Selective removal of hazardous or invasive plant species as approved by the Township Zoning Officer. A list of invasive plant species is included in Appendix A.
[d]
Vegetation management in accordance with an approved landscape plan or open space management plan; or
[e]
A soil or stream conservation project, including reforestation and stream bank stabilization, as approved by the Chester County Conservation District (CCCD).
(b)
Zone Two protection standards.
[1]
Except as specified below, no more than 20% of a Zone Two riparian forest buffer shall be regraded, filled, built upon, or otherwise altered or disturbed.
[2]
Those activities permitted in a Zone One riparian forest buffer, with the exception of regulated activities permitted by the Commonwealth of Pennsylvania (i.e., permitted stream or wetland crossing), shall be permitted in the Zone Two riparian forest buffer and shall not be counted towards the 20% disturbance allowance.
[3]
A maximum disturbance of 5% is permitted for regulated activities permitted by the Commonwealth of Pennsylvania (i.e., permitted stream or wetland crossings) and shall count towards the 20% disturbance allowance.
[4]
Where the riparian buffer is reduced to less than a 100-foot width, the following techniques shall be implemented:
[a]
Conservation design that will minimize the amount of stormwater generated and maximize the use of pervious areas for infiltration of rainfall and stormwater.
[b]
Comprehensive stormwater management to ensure that post-development conditions are consistent with the natural characteristics of the receiving stream, including stormwater best management practices (BMPs). BMPs shall include, but not be limited to, the use of level spreaders, meadow grass filter strips, or similar techniques to disperse overland or sheet flow prior to entering the protected riparian buffer area.
[5]
In no case shall the total riparian forest buffer width be reduced to less than 75 feet in width, measured from the top of the stream bank.
[6]
An erosion and sedimentation control plan, in accordance with Pa. Code Title 25 Chapter 102, shall be required for any land disturbance within 500 feet of any watercourse.
[7]
Timber harvesting shall only be permitted within the 20% disturbance limits of a zone two riparian forest buffer and shall be restricted to selective cutting as approved by the Township Zoning Officer. Clear-cutting or grubbing of trees or other vegetation is prohibited within all riparian forest buffers. Permitting tree harvesting shall be undertaken only when in accordance with a timber harvesting plan consistent with the requirements of § 350-1002D and the model timber harvesting plan included in Appendix B.
(3)
Riparian forest buffer establishment. Where a subdivision or land development is proposed on a parcel containing a stream corridor where there is no established vegetated or wooded buffer (such as areas previously cultivated for agriculture) a 100-foot riparian forest buffer shall be established and maintained in accordance with the following guidelines:
(a)
Trees and other vegetation shall be established through natural succession. Selective planting shall be incorporated on sites devoid of vegetation to stimulate native species and discourage invasive species. An approved list of native trees and shrubs is included in Appendix A.
(b)
Plant selection and planting practices shall be consistent with Chester County Conservation District, PaDEP, or USDA riparian forest buffer guidance. The applicant is encouraged to involve a landscape architect or similarly qualified professional to aid in the design and placement of additional plant material and local volunteer groups in the buffer planting.
D.
Woodlands, hedgerows, and specimen vegetation.
(1)
Resource protection standards.
(a)
Specimen trees shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s); where permitted, removal of specimen vegetation shall be minimized. The following are examples of specimen trees.
Species | Min. Size (dbh) (inches) |
|---|---|
Apple | 24 |
Ash | 32 |
Beech | 32 |
Cherry | 24 |
Elm | 30 |
Hemlock | 30 |
Hickory | 32 |
Locust | 30 |
Maple | 32 |
Oak | 32 |
Osage Orange | 20 |
Pine | 30 |
Sassafras | 20 |
Spruce | 30 |
Sycamore | 36 |
Tulip poplar | 36 |
Walnut | 30 |
(b)
Disturbance allowance for woodlands and hedgerows.
[1]
Unless undertaken as an approved timber harvesting operation conducted in compliance with the required timber harvesting plan consistent with the requirements of the model timber harvesting plan included in Appendix B, no more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed for residential uses and no more than 50% of woodlands shall be regraded, cleared, built upon or otherwise altered for nonresidential uses.
[2]
Guidelines for determining permitted woodlands disturbance. In determining where permitted woodlands disturbance will occur, the following factors shall be considered:
[a]
The location(s) and benefit(s) of conservation of healthy stands of mature woodlands vegetation.
[b]
Each building or structure shall be laid out and constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodlands and other vegetation. Clear-cutting shall be minimized and trees shall be selectively removed to accommodate necessary features.
[c]
Remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodlands corridors and allow for natural or biotic diversity and the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.
[3]
Protection of woodlands to remain on site. Tree protection zone. In order to prevent injury to those trees or other vegetation which have been designated for protection, a tree protection zone (TPZ) shall be established where such vegetation is to be retained. (See Figure 2-Q)
[a]
Prior to construction, protective fencing shall be installed around the boundaries of the tree protection zone. The fencing shall be installed along the outer edge of the delineated TPZ and shall be maintained until all construction activities have been completed. The temporary fencing shall be a minimum of four feet in height.
[b]
Grade changes and excavation activity shall not encroach upon any area designated as a TPZ.
[c]
Trees being removed shall not be felled, pushed, or pulled into a TPZ.
[d]
No toxic materials shall be stored within 100 feet of a TPZ, including petroleum-based and derived products.
[e]
The area within the TPZ shall not be built upon, nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked or permitted to encroach upon the TPZ.
[f]
Sediment, retention, and detention basins shall not be located within the TPZ, nor shall they discharge into the TPZ.
[g]
Preserved woodlands, hedgerows, and specimen vegetation may be used to satisfy landscaping and screening requirements in accordance with the provisions of § 350-1206. Where necessary to meet the intent of the requirements of § 350-1206 additional plantings may be required to supplement existing preserved vegetation.
E.
Wetlands and wetlands margins.
(1)
Resource protection standards.
(a)
Wetlands protection standards.
[1]
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the PaDEP (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetlands information submitted by PaDEP and the U.S. Army Corps of Engineers.
[2]
Wetlands shall not be regraded, filled, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.
[3]
Existing wetlands shall not be used for stormwater management except where the wetlands are highly degraded and a mitigation program is provided.
(b)
Wetlands margins protection standards.
[1]
Except as noted below, no more than 20% of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed.
[2]
The following uses or activities shall be permitted in the wetland margin and shall not be counted towards the 20% disturbance allowance, except as noted otherwise.
[a]
A maximum disturbance of 5% is permitted for regulated activities permitted by the Commonwealth of Pennsylvania (i.e., permitted stream or wetland crossings) and shall count towards the 20% disturbance allowance.
[b]
Provision for unpaved trail access;
[c]
Selective removal of hazardous or invasive vegetative species;
[d]
Vegetation management in accordance with an approved landscape plan or open space management plan; and
[e]
A soil or stream conservation project approved by the Chester County Conservation District.
[3]
Timber harvesting shall only be permitted within the 20% disturbance allowance and shall be restricted to selective cutting. Clear-cutting or grubbing of trees is prohibited within the wetland margin. Permitted timber harvesting shall be undertaken in accordance with a timber harvesting plan consistent with the requirements of § 350-1002D, herein, and the model timber harvesting plan included in Appendix B.
(2)
Delineation.
(a)
Wetlands. The applicant shall delineate the limits of wetlands on the site in accordance with § 350-1003, in addition the following information shall be provided:
[1]
A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of satisfactory demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.
[a]
Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.
[b]
The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.
F.
Groundwater protection.
(1)
Well yield requirements and approvals. Proposed potable water supply wells intended to serve as an individual water supply shall provide a minimum well yield of two gallons per minute and shall be consistent with the minimum storage capacity and other well requirements established by Section 501 of the Chester County Health Department's rules and regulations, or any successor provisions thereto. Proof of approval of the proposed water supply by the Chester County Health Department shall be provided by the applicant. In cases where review by the Delaware River Basin Commission, Susquehanna River Basin Commission, and/or the Commonwealth of Pennsylvania is required, proof of this review shall also be submitted.
(2)
Groundwater quantity protection strategies. The following strategies for the minimization of net groundwater loss shall apply to any land use involving 2,500 square feet or more of land disturbance.
(a)
New developments and their stormwater management systems shall be designed so that net post-development conditions achieve at least "meadow condition" hydrologic characteristics by infiltrating the net increase in volume (from "meadow condition" to post-development condition) of the runoff of the two-year storm.
[1]
Where it is demonstrated to the satisfaction of the Township Engineer, through testing completed by a certified hydrogeologist, that site conditions preclude meeting this criteria, then the net increase in volume of the runoff of the one-inch storm shall be infiltrated.
[2]
Areas of existing commercial or industrial development that are undergoing redevelopment shall utilize two-year or one inch opportunities or provide equivalent mitigation measures.
(b)
Impervious cover shall be kept to the minimum required for the development and shall, in no case, exceed the permitted impervious coverage allowances of this chapter. Strategies such as the use of porous paving, grassed swales in place of curbs, planted islands in cul-de-sac turnarounds, reduction of driveway lengths by adhering to minimum building setbacks, and other similar techniques shall be used wherever possible, and at the discretion of the Board of Supervisors.
(c)
The use of pervious areas for on-site rainfall infiltration shall be maximized and stormwater Best Management Practices (BMPs) that first manage stormwater by dispersing runoff as sheet flow over pervious areas or into infiltration BMPs (i.e., routing runoff as sheet flow through forested riparian buffers, into wetlands, rain gardens, level spreaders, etc.) shall be incorporated into proposed developments wherever applicable. The "disconnection" or interspersion of large impervious surfaces with pervious breaks shall be implemented wherever possible to maximize infiltration of stormwater runoff.
(d)
Conservation design practices and infiltration BMPs to increase infiltration and eliminate the need for, or reduce the size of, stormwater basins for flood peak attenuation shall be incorporated into plans, as appropriate based on site conditions. Wet retention ponds shall be considered first, extended retention basins shall be a second choice, and the use of dry detention basins shall be the least preferred method, to provide additional infiltration and pollutant removal of stormwater prior to its release into streams.
(e)
Proposed development shall be consistent with the principles and practices set forth in the most current edition of the Pennsylvania Handbook of Best Management Practices for Developing Areas, or the most current PaDEP manual, as amended from time to time, for erosion control and the management of stormwater runoff or this chapter, whichever is more restrictive.
(f)
Land application of treated wastewater shall be the preferred method of sewage disposal over stream discharge wherever feasible and shall return the treated wastewater to the watershed that is the source of the water.
(3)
Resource protection standards. The following standards for the protection of groundwater quality shall be implemented where applicable and feasible:
(a)
Wells shall be constructed and unused wells promptly plugged and sealed in accordance with the Chester County Health Department's rules and regulations, Pa DEP, and any other applicable government authority.
(b)
Water quality BMPs shall be implemented to remove pollutants from the runoff of the first one-inch of rainfall prior to release of stormwater to surface water bodies.
(c)
Water quality stormwater BMPs shall be implemented to remove pollutants from stormwater discharges originating from land uses with potential for very high pollutant loadings ("hotspots") prior to infiltration to the groundwater.
(d)
Where groundwater contamination is known to exist, new land development shall be coordinated to avoid the further expansion of the contaminant plume that may be caused by pumping of wells for the new development.
(e)
Where soils or subsurface contamination is present, infiltration of stormwater recharge shall be avoided to prevent adverse affects to groundwater quality. Where such conditions exist, other design techniques or BMPs shall be incorporated to reduce as much as possible the total volume of stormwater released to streams and equivalent mitigation of the loss of infiltration shall be provided.
(f)
Community water supply wells shall, to the greatest extent possible, be protected with a land use restricted buffer (i.e., no development activities or storage of chemicals or materials that could potentially contaminate the well) with a minimum radius of 200 feet around the wellhead. A community water supply well shall be defined as a water system that provides water for human consumption to at least 15 service connections, or serves an average of at least 25 people for at least 60 days each year.
(g)
Nutrient and pesticide management plans shall be required for landscaped areas of five acres or more in size requiring regular maintenance and management and/or using nutrient and pesticides on 50% or more of the gross lot area. Such management plans shall be developed in accordance with recommended guidelines for turf management of the Penn State College of Agricultural Sciences. Examples of such uses include, but are not limited to, golf courses, athletic fields, hospital or school grounds, and extensive open space areas maintained as mown lawns. Single-family residential dwellings on individual lots of less than two acres shall be exempt from this requirement.
§ 350-1003 Application of standards.
A.
Plan information and delineation of protected natural resources.
(1)
To ensure compliance with the natural resource protection standards of this article, the following information shall be submitted by the applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated.
(a)
A site plan which identifies the limits of each of the natural resources on the site, including areas of woodlands or other vegetation to be preserved, and the proposed use of the site including any existing or proposed structures.
(b)
The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours.
(c)
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the plan as indicated in the following table. The figures in Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures in Column C (Maximum Amount of Permitted Disturbance) for each protected resource.
Protected Resource | Column A Amount of Land in Protected Resource* (square feet) | Column B Maximum Disturbance Allowance** (percent) | Column C Maximum Amount of Permitted Disturbance (square feet) | Column D Proposed Disturbance of Resource (square feet) |
|---|---|---|---|---|
Floodplain | 0% | |||
Steep Slopes: | ||||
Moderately | ||||
Very Steep | ||||
Wetlands | 0% | |||
Wetland Margins | 20% | |||
Riparian Buffers: | ||||
Zone 1 Buffer | 0% | |||
Zone 2 Buffer | 20% | |||
Woodlands | ||||
Residential uses | 35% | |||
Nonresidential | 50% | |||
Total |
* | See § 350-1001C, herein. |
** | Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Township. |
(2)
In those cases where only a limited portion of the site or tract will be subject to disturbance (i.e., 1,000 square feet or less), the Township Zoning Officer may determine the area of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.
B.
Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:
(1)
Protected resource areas on individual lots.
(a)
For resource protected areas on individual lots, restrictions meeting Township specifications shall be placed in the deeds for each site or lot that has resource protection areas within its boundaries. Such deed restrictions shall also be clearly stated on the approved final plan.
(b)
Deeds shall clearly state that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
(c)
Other mechanisms for ensuring the continued protection of identified resources, such as conservation easements, may also be considered and used if approved by the Township.
(2)
Protected resource areas held in common.
(a)
For resource protected areas held in common, the open space maintenance provisions and ownership options of § 350-1126, shall apply.
(b)
In addition to the provisions of § 350-1126, restrictions meeting Township specifications shall be placed on the natural area to be held in common.
(c)
The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protected areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements, or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township.
(3)
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and re-approval in accordance with the natural resource protection standards of Article X of Chapter 350, Zoning, of the Code of the Township of West Caln."