West Lampeter Township
City Zoning Code
City Zoning Code
ARTICLE VI
Conservation
§ 285-50 Erosion control.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of waterways and water bodies.
A.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
B.
Except for agricultural activities, any earth disturbance over 5,000 square feet of land area shall require the submission of an adequate erosion and sedimentation control plan to the County Conservation District.
C.
See state erosion control regulations (Note: as of 2006, in 25 Pa. Code Chapter 102).
§ 285-51 Nuisances and hazards to public safety.
A.
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.
(5)
Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
B.
Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
§ 285-52 Wetlands and lakes.
A.
Lot area. Wetlands (as officially defined under federal and/or state regulations), ponds and lakes shall not be counted toward the minimum lot area of any lot or tract of land. This Subsection A shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.
B.
Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
C.
Wetland setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any wetland. Please note, wetlands are regulated on a municipal, state, and federal level. State and federal entities may require a greater setback than 20 feet. The Township Engineer may require a greater setback due to considerations such as poor soil, high groundwater, or other environmental concerns.
§ 285-53 FP Floodplain District (flood-prone areas).
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the Township and its residents by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. The Board of Supervisors has enacted this section in accordance with the Flood Plain Management Act, the Second Class Township Code,[2] and the MPC.[3]
B.
FP Floodplain District applicability and administration.
(1)
The regulations of the FP Floodplain District shall apply throughout the entire Township as overlay zoning regulations that supplement the zoning district regulations. Where the regulations of this section differ from the regulations of any other section of this chapter, the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in this section shall not be interpreted to allow any structure or construction that is not expressly authorized by this section. If the Zoning Hearing Board grants a variance to allow a structure or construction not authorized by this section, such structure or construction shall comply with all construction and floodproofing standards in this section.
(2)
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. 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.
(3)
This section 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 and provisions of other ordinances, the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce this section and for all purposes shall be considered and may sometimes be referred to as the "floodplain administrator." The floodplain administrator may fulfill the duties and responsibilities set forth in these regulations, delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or 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 Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22. In addition to the powers and duties generally set forth in this chapter, when serving as floodplain administrator, the Zoning Officer shall have the following powers and duties:
(a)
The floodplain administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the floodplain administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] 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. In the case of existing structures, prior to the issuance of any permit the floodplain administrator shall also review the history of repairs to the subject building so that any repetitive loss concerns can be addressed before the permit is issued.
[4]
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.
(c)
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 Township ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(d)
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 section.
(e)
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.
(f)
The floodplain administrator shall maintain in perpetuity all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(g)
The floodplain administrator is the official responsible for submitting a biennial report to FEMA concerning Township participation in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments of the floodplain administrator can be delegated, but the ultimate responsibility lies with the Zoning Officer.
(i)
The floodplain administrator shall consider UCC requirements.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed, enlarged or structurally altered or land used except in full compliance with these floodplain regulations and other provisions of applicable Township ordinances. A Township zoning permit is required for any development within the 100-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the 100-year floodplain, including development, redirecting drainage ways, changes in grade or filling in, shall only occur after a determination by the Zoning Officer that all Township ordinances have been complied with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration or relocation of a waterway shall be given prior notice of such proposal, with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain area. Applications for such a permit shall be made in writing to the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed construction, as well as any existing buildings or structures, and also showing the 100-year flood line.
(g)
A brief description of proposed work and estimate cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, permit applicants shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
The proposal is 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.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or 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 Zoning Officer to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The locations of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development.
[4]
The locations of all existing streets, driveways and other accessways.
[5]
The locations 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 directions and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[2]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area, when combined with all other existing and anticipated development, will not cause any increase in the BFE.
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood elevation. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.
(e)
Detailed information needed to determine compliance within § 285-53Q(6), Storage, and § 285-53R, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 285-53Q(6) and 285-53R which are intended to be used, produced, stored or otherwise maintained on site.
[2]
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 in § 285-47R during a base flood.
(f)
The appropriate component of the DEP Planning Module for Land Development.
(g)
Where any excavation or grading is proposed, a plan meeting DEP requirements to implement and maintain erosion and sedimentation control.
E.
Review of permit applications by Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Zoning Officer to the Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Zoning Officer for possible incorporation into the proposed plan.
F.
Review of permit applications 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 Zoning Officer to any other appropriate agencies and/or individuals (e.g., Planning Commission, Township Engineer, etc.) for review and comment.
G.
Changes to permits. After the issuance of a permit by the Zoning Officer, 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 Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.
H.
Placards. In addition to the permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the dated of its issuance, and be signed by the Zoning Officer.
I.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under the proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.
J.
Identification of FP Floodplain District.
(1)
The FP Floodplain District is all those areas of West Lampeter Township, Lancaster County, Pennsylvania, classified as special flood hazard areas in the Flood Insurance Study (FIS) and the accompanying FIRM dated April 5, 2016, and issued by FEMA, or the most recent version thereof, including all digital data developed as part of the FIS and FIRM.
(2)
The above referenced FIS and FIRM, and any subsequent revisions and amendments are hereby adopted by West Lampeter Township, and declared to be a part of this section and the FP Floodplain District.
K.
Description and special Requirements of identified floodplain areas of the FP Floodplain District.
(1)
Floodway area.
(a)
Description. The area identified as floodway in the FIS and FIRM which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas 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.
(2)
Special flood hazard area.
(a)
Description. The areas identified as Zones AE and A1-30 in the FIS and FIRM which are subject to inundation by the 1% annual chance flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements.
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the DEP regional office.
[2]
In special flood hazard areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
(c)
Permitted uses.
[1]
The following uses and no others are permitted in the FP Floodplain District, and they are permitted only if done under and in accordance with the provisions of the State Clean Streams Law, as amended;[5] rules and regulations of DEP; §§ 285-53K(2)(c), 285-53O, and 285-53Q; and all other applicable provisions of this chapter:
[a]
Agriculture, horticulture and forestry, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[b]
Erosion and sedimentation control measures, facilities and structures, provided no increase in flood heights or frequency, unhealthful ponding or other unsanitary conditions shall occur.
[c]
Public and private recreational uses such as parks, swimming areas (excluding swimming pools), play areas, day camps, campgrounds (excluding camp sites), picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, areas or clubs for hunting, fishing, and/or boating (including marker or anchor buoys), paved bicycle paths, and hiking and horseback riding trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[d]
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits and seeds, or wild rice, excluding any plants appearing on the latest edition of the U.S. List of Endangered and Threatened Plant Species maintained by the U.S. Fish and Wildlife Service.
[e]
Activities related to the preservation of natural amenities, including wildlife sanctuaries, nature preserves, woodland preserves, botanical gardens, or arboreta, excluding any structures and excluding any grading or filling which would cause any increase in flood heights or frequency.
[f]
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Fish and Boat Commission and reviewed by the Conservation District, and subject to the provisions of § 285-53Q.
[g]
One- or two- or multiple-strand fences, so long as all strands run in a horizontal direction.
[h]
Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.
[i]
Blinds for the shooting or observation of wildlife, provided that such blinds may only be placed, erected and maintained during the open season established by the Game Commission for the taking of migratory waterfowl and the three weeks immediately preceding and three weeks immediately following that open season. Blinds must be removed during all other times of the year.
[j]
Circuses, carnivals and similar temporary enterprises, provided that natural vegetative ground cover is not destroyed, removed or covered in such a way as to create erosion or sedimentation.
[k]
Farm ponds which are constructed in accordance with a conservation plan reviewed by the Conservation District and which do not create any increase in flood heights or frequency, and subject to the provisions of § 285-53Q.
[l]
Floodproofing and flood hazard reduction structures to protect only lawfully existing and registered nonconforming structures and lawfully existing and registered nonconforming uses within structures.
[m]
Public utility facilities (except buildings) under the exclusive jurisdiction of the Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of § 285-53Q.
[n]
Marker buoys.
[o]
Culverts, bridges, stormwater facilities, pump stations and street and driveway crossings that have been reviewed and approved by the Township Engineer.
[p]
Utility lines, poles and manholes and water monitoring devices.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
(d)
Special exception uses.
[1]
If the following uses are listed as allowed permitted or special exception uses in the applicable underlying zoning district, then special exception approval shall also be required to determine compliance with § 285-53.
[a]
Parking lots, loading areas and driveways, if they are consistent with the provisions of Subsection G, except that parking lots designed or used for storage and parking lots for hotels, motels and other temporary lodgings are prohibited.
[b]
Water-oriented uses such as docks, piers, wharves and boat launching ramps.
[c]
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.
[d]
Other uses similar to the above, provided the use will not reduce the cross-sectional area of the floodplain.
(e)
Prohibited uses.
[1]
The following uses are prohibited in the FP Floodplain District:
[a]
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
[b]
All structures, with the exception of those specifically allowed in §§ 285-53K(2)(c) and 285-53K(2)(d).
[c]
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of vehicles and/or materials.
[d]
Placing, depositing or dumping any spoil, fill or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in §§ 285-53K(2)(c) and 285-53K(2)(d); provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
[e]
Removal of topsoil, excluding sod production and nursery activities as allowed in §§ 285-53K(2)(c) and 285-53K(2)(d), and excluding such grading or filling necessary to accomplish and carry out those uses which are permitted in §§ 285-53K(2)(c) and 285-53K(2)(d); provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.
[f]
Damming or relocation of any watercourse, except as provided for in §§ 285-53K(2)(c) and 285-53K(2)(d).
[g]
Any parts of any on-site sewage disposal systems.
[h]
Swimming pools.
[i]
Fences, except horizontal strand fences.
[j]
Stockpiling, storage or disposal of buoyant materials, logging slash, herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous materials, or other materials which, if flooded, would pollute the watercourse or be injurious to human, animal or plant life.
[k]
Cemeteries for humans or animals.
[l]
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures which will not allow all animals to escape floodwaters of maximum flood elevation without human intervention while remaining safely confined.
[m]
The floodproofing of new residential structures.
[n]
Any development, structure or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this section:
[i]
Endanger human life.
[ii]
Obstruct, impede, retard, change or increase the velocity, direction or flow of floodwaters.
[iii]
Increase the surface elevation of floods or the frequency of floods.
[iv]
Catch or collect debris carried by floodwaters.
[v]
Be placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of property within or adjacent to the FP Floodplain District.
[vi]
Degrade the water-carrying capacity of any watercourse, channel or floodplain.
[vii]
Increase the rate of local runoff, erosion or sedimentation.
[viii]
Degrade the quality of surface water or the quality or quantity of groundwater.
[ix]
Be susceptible to flotation and subsequent movement which would cause damage to other property.
[x]
Create unhealthful ponding or other unsanitary conditions.
[o]
Feedlots.
[q]
Any new structure or building, or any expansion or addition to an existing structure or building that will be used for the production or storage of any of the following dangerous materials or substances, or that will be used for any activity requiring the maintenance of a supply of any of the following substances in quantities exceeding 550 gallons:
[i]
Acetone.
[ii]
Ammonia.
[iii]
Benzene.
[iv]
Calcium carbide.
[v]
Carbon disulfide.
[vi]
Celluloid.
[vii]
Chlorine.
[viii]
Hydrochloric acid.
[ix]
Hydrocyanic acid.
[x]
Magnesium.
[xi]
Nitric acid and oxides or nitrogen.
[xii]
Petroleum products (gasoline, fuel oil, etc.).
[xiii]
Phosphorus.
[xiv]
Potassium.
[xv]
Sodium.
[xvi]
Sulfur and sulfur products.
[xvii]
Pesticides (including insecticides, fungicides and rodenticides).
[xviii]
Radioactive substances, insofar as such substances are not otherwise regulated.
[r]
Fully and partially enclosed space below the lowest floor (including basement).
(3)
Approximate floodplain area.
(a)
Description. The areas identified as Zone A in the FIS which are subject to inundation by the 1% annual chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements.
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the DEP regional office.
[2]
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[3]
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(c)
The provisions of § 285-47K(2)(c), (d), and (e), are applicable to the approximate floodplain area.
L.
Changes in identified floodplain area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. As soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data.
M.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Zoning Officer 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.
N.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the DEP regional office. It is the responsibility of the applicant to provide all required studies and pay all fees.
(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)
FEMA and DCED shall be notified prior to any alteration or relocation of any watercourse.
(2)
Submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE.
(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 section and any other applicable codes, ordinances and regulations.
O.
Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements other than those expressly authorized by § 285-53K shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 285-53X,[6] or a use is permitted by § 285-53K then the following provisions shall apply:
(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 BFEs 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 § 285-53K(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained in the UCC and ASCE 24 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 there are no BFEs 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 § 285-53K(3)(b)[2] and [3].
(c)
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.
(d)
The design and construction standards and specifications contained in the UCC and ASCE 24 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 floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
[6]
Editor's Note: So in original.
P.
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2)
Floor area shall not exceed 150 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Q.
Design and construction standards. Within any identified floodplain area any new construction or substantial improvements other than those expressly authorized by § 285-53K shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 285-53X[7] or if a use is authorized by § 285-53K, then the following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Zoning Officer.
(e)
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 storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(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 floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and Township 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 Damage and the International Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines and 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 § 285-53R, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed 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 floodwater.
(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, 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 elevations 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, trims, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications of the UCC shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and/or supplement the requirements of this section.
[7]
Editor's Note: So in original.
R.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[8] and the regulations adopted by the DCED 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 subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(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)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in § 285-53R(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 285-53R(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above BFE.
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication. "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(4)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 285-53R(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
S.
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where BFE 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 or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
T.
Special requirements for manufactured homes and recreational vehicles. Within any identified floodplain area any manufactured homes or recreational vehicles shall be prohibited. If a variance is obtained for erection of manufactured homes or placement of recreational vehicles in the identified floodplain area in accordance with § 285-53X,[9] then the following provisions shall apply:
(1)
Within any floodway, manufactured homes and recreational vehicles shall be prohibited.
(2)
Within approximate floodplain or special flood hazard area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(4)
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 International Residential Building Code adopted as part of the UCC or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, or latest revision thereto shall apply.
(5)
Consideration shall be given to the installation requirements of the UCC where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units(s) proposed installation.
[9]
Editor's Note: So in original.
U.
Prohibitions. In accordance with the administrative regulations promulgated by the DCED to implement the Pennsylvania Flood Plain Management Act,[10] the following activities shall be prohibited within any identified floodplain area.
(2)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[10]
Editor's Note: See 32 P.S. § 679.101 et seq.
V.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 285-53W shall apply. Historic structures as defined in this section undergoing repair or rehabilitation that would constitute a substantial improvement as also defined in this section 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 must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve historic character and design of the structure.
W.
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 are that would cause any increase in the elevation of the BFE.
(2)
No expansion or enlargement of an existing structure shall be allowed within any special flood hazard area 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 section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this section.
§ 285-54 Odors and dust.
§ 285-55 Control of light and glare.
This § 285-55 shall only regulate exterior lighting that spills across lot lines or onto public streets.
A.
Streetlighting exempted. This § 285-55 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state or an individual porch light of a dwelling (not including a spotlight).
B.
Height of lights. No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building, nor lighting of outdoor public recreation facilities or a ski resort.
C.
Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
D.
Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings, and to prevent the lighting from shining into the eyes of passing motorists.
E.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
F.
Spillover. Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds 0.5 horizontal footcandle at a distance 20 feet inside the residential lot line.
G.
Gasoline sales canopies. All light fixtures under the canopy shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or street.
H.
Horizontal surface lighting. For the lighting of predominantly horizontal surfaces, such as but not limited to parking areas, streets, driveways, pedestrian walkways, outdoor sales and storage areas, vehicle-fueling facilities, vehicle sales areas, loading docks, recreational areas and building entrances, fixtures shall be aimed downward and shall meet the standards for a full-cutoff light fixture. A full-cutoff light fixture shall be a fixture in which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane at all lateral angles around the fixture. Fixtures with an aggregate-rated lamp lumen output per fixture that does not exceed the rated output of a standard 100-watt incandescent lamp are exempt from the requirements of this subsection.
I.
Nonhorizontal lighting. For lighting of predominantly nonhorizontal surfaces, such as but not limited to facades, signs and displays, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate-rated lamp lumen output per fixture that does not exceed the rated output of a standard 100-watt incandescent lamp are exempt from the requirements of this subsection.
(1)
However, lighting shall be allowed of the United States flag from dusk to dawn, provided the light source shall have a beam spread no greater than necessary to illuminate the flag.