West Vincent Township
City Zoning Code
City Zoning Code
ARTICLE XVI
FPC Floodplain Conservation Overlay District
§ 390-82 Statutory authorization and purpose.
[Amended 8-21-2017 by Ord. No. 179]
A.
The Legislature of the Commonwealth. of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the West Vincent Township Board of Supervisors does hereby order and establish the provisions set forth in this article.
B.
In addition to the general goals listed in the statements of § 390-3, Purpose, and § 390-4, Community development objectives, it is the purpose of this district 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 requests.
§ 390-83 Applicability.
These provisions shall apply to all lands within the jurisdiction of the Township of West Vincent and shown as being located within the boundaries of any identified floodplain conservation district, which are considered as a part of the Official Zoning Map.
§ 390-84 Warning and disclaimer of liability.
A.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas, will be free from flooding or flood damages.
B.
This article shall not create liability on the part of the Township or any officer, employee or appointed professional thereof for any flood damages that result from reliance on this article or any administrative decisions lawfully made thereunder.
[Amended 8-21-2017 by Ord. No. 179]
§ 390-85 Identification of floodplain areas.
[Amended 8-21-2017 by Ord. No. 179]
The identified floodplain area shall be those areas of the Township of West Vincent, Chester County, which are subject to the one-hundred-year flood, as identified in the Chester County Flood Insurance Study (FIS), dated September 29, 2017, and the accompanying maps as prepared 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.
§ 390-86 Description of floodplain areas.
The identified floodplain area shall consist of the following specific areas:
A.
FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
B.
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
C.
FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
D.
FA (General Floodplain Area). The areas identified as Zone A in the FIS, for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In lieu of the above, and at the discretion of the Board of Supervisors, 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, and any other information shall be submitted in sufficient detail to allow a thorough technical review by the Township Engineer.
§ 390-87 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, approval must be obtained from the Federal Insurance Administration (FIA).
§ 390-88 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 his or her decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
§ 390-89 Zoning Map overlay.
The Floodplain Conservation District shall be an overlay to the existing underlying districts, as shown on the Official Zoning Map of the Township. For the purpose of this article, the underlying base zoning district shall be designated RC Rural Conservation. If this article should be declared inappropriate to any tract by reason of amendment, special exception, variance or any other order of the Board of Supervisors, Zoning Hearing Board or court of competent jurisdiction, the base zoning provisions applicable to such tract shall be deemed the governing provisions and shall be enforced independent of this article.
§ 390-90 District provisions.
A.
Designation of the Floodplain Administrator.
[Amended 8-21-2017 by Ord. No. 179]
(1)
The Township Zoning Officer is hereby appointed to administer and enforce this article 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. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Building Permit Office.
(2)
It shall be unlawful for any person, business, partnership or corporation to undertake or cause to be undertaken any development within the floodplain unless a permit has been obtained from the Floodplain Administrator. In addition, the Township shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channel or floodway of any watercourse or other drainage facility or system.
B.
Permitted uses. The following uses and activities shall be permitted within the Floodplain Conservation District, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment:
(1)
Agricultural uses, including cultivation and harvesting of crops, and grazing and pasturing, excluding any structures normally associated with agricultural uses.
(2)
Horticultural uses, including the raising and propagating of trees, shrubs, flowers, and other vegetative material, excluding sod farming, removal of topsoil and any structures.
(3)
Low- to medium-intensity recreational uses, including public and private parks, day camps, picnic groves, golf courses, hunting, fishing and boating clubs, excluding structures, recreational vehicle camp sites, or fences normally associated with such uses.
(4)
Forestry, lumbering and reforestation, excluding storage and mill structures.
(5)
Game farm, fish hatchery, hunting and fishing reserve, excluding structures.
(6)
Wildlife sanctuary, woodland preserve, arboretum, excluding structures.
(7)
Front, side or rear yards, and required lot area, for any district.
(8)
Nonimpervious parking areas.
(9)
Open wire fences or other types of open-style fences.
C.
Uses by special exception.
(1)
New or replacement public or private utilities and facilities such as water, storm drainage, sewer, gas and electrical lines, provided that no acceptable alternative location exists and that such systems or improvements are designed, located and constructed so as to be floodproofed or elevated 1 1/2 feet above the base flood elevation.
(2)
No special exception shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation.
D.
Prohibited uses.
(2)
The filling of floodplains, removal of topsoil or damming or relocation of any watercourses, except with the approval of the Board of Supervisors and the Department of Environmental Protection.
(3)
Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials, including recreational vehicles.
(4)
On-site sewage disposal systems.
(5)
Fences which serve as obstructions to water flow, such as but not limited to chain-link, stockade and solid wood fences.
E. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION HISTORIC STRUCTURES(1) (2) (3) (4) NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION START OF CONSTRUCTION VIOLATION
Definitions limited to this article. In addition to the definitions established in § 390-8, and for the purposes of this article only, the following words, terms, and phrases shall have the meanings herein indicated:
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).
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
Structures for which the start of construction commenced on or after November 19, 1987, and includes any subsequent improvements thereto.
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.
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit, unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
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.
§ 390-91 Existing structures in identified floodplain areas.
A structure or use of a structure or premises located within the Floodplain Conservation District, which lawfully existed before the enactment of these provisions, but which is not in compliance with these provisions, may be continued subject to the following conditions:
A.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood.
B.
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the base flood elevation more than one foot at any point.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed 1.5 feet above the base flood elevation to the greatest extent possible.
D.
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 prohibited.
E.
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter, unless this provision constitutes a taking of the structure or property.
F.
The requirements of 34 Pa. Code Chapters 401 to 405, as amended, and the 2003 IRC (Secs. R102.7.1, R105.3.1, R105.3.1.1 and Appendixes E and J), or the latest revision thereof, and the 2003 IBC (Secs. 101.3, 3403.1 and Appendix G), or the latest revision thereof, shall also be utilized in conjunction with the provisions of this section.
§ 390-92 Procedures.
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 been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B.
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.
C.
Within any AE area/district without a floodway, no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the base flood more than one foot at any point.
D.
Any new construction of a nonresidential structure, or part thereof, granted as a variance and having a lowest floor which is not elevated to at least 1.5 feet above the base flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect, which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
E.
Fully and partially enclosed spaces below the lowest floor (including basement) are prohibited unless a variance is granted pursuant to Subsection F(12).
(1)
Any substantial improvement or new construction of an existing residential structure shall have the lowest floor elevated to at least 1 1/2 feet above the base flood elevation.
(2)
If any construction/development is permitted under this article, it shall only be permitted where it is demonstrated that it will also strictly comply with all requirements of this section and other applicable ordinances, the applicable requirements of the National Flood Insurance Program regulations or 44 CFR 60.3(d) and the Pennsylvania Floodplain Management Act of 1978, as amended, and the Uniform Construction Act of 1999, as amended, and the standards and specifications contained in 34 Pa. Code Chapters 401 to 405.
F.
Variances. In the event that a property owner can prove in proceedings before the Zoning Hearing Board as an appeal that there is an unnecessary hardship of a unique nature imposed upon this property if they are prohibited from erecting a structure or building within the FPC Floodplain Conservation District on their property, the Zoning Hearing Board will have the authority to grant relief by way of variance to erect a structure(s) or a building(s) on the property, provided:
(1)
No variance shall be granted for the construction, enlargement or expansion of any structure used or intended to be used for any of the following:
(a)
Hospitals (public or private);
(b)
Nursing homes (public or private);
(c)
Jails or prisons; and
(d)
The commencement of or any construction of a new manufactured home, manufactured home park, or manufactured home subdivision or substantial improvement to an existing manufactured home, manufactured home park or manufactured home subdivision.
(2)
No variance shall be granted for 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substance) of the following dangerous materials or substances on the premises:
(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.
(3)
A detailed on-site survey at the expense of the property owner is conducted by the Township Engineer, United States Department of Agriculture Natural Resources Conservation Service, the United States Department of the Interior Geological Survey or United States Army Corps of Engineers, including as much of the following material as the Township Engineer shall deem necessary for a complete consideration of the matter by the Board:
(a)
Plans in triplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.
(b)
A series of cross sections at twenty-five-foot intervals along the lot shoreline, showing the stream channel or the lake or pond bottom and the elevation of adjoining land areas to be occupied by the proposed uses, and high-water information.
(c)
Profile showing the slope of the bottom of the channel, lake or pond.
(d)
Specifications for building materials and construction, floodproofing, fillings, dredging, grading, storage, water supply, and sanitary facilities.
(e)
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.
(4)
The Zoning Hearing Board concludes that the requested variance will not substantially violate any of the objectives and the intent of this chapter.
(5)
That the variance, if authorized, will represent the minimum variance that will afford reasonable relief to the property owner under the regulations of this chapter. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations (60.3a. through 60.3d.), including the requirements for elevation, floodproofing, and anchoring.
(6)
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.
(8)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will: (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor (ii) create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(9)
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
(10)
No variance shall be granted for any construction, development, use or activity within any AE area that would, together with all other existing and anticipated development, increase the base flood elevation more than one foot at any point within the entire Township.
(11)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood.
(12)
Partially enclosed space below the lowest floor (excluding basement) to 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 "partially enclosed space" also includes crawl spaces.
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.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood. |
G.
Building permits. Building permits shall be required before any construction, earthmoving or disturbance, or development is undertaken within any identified floodplain area of the Township.
(1)
The Floodplain Administrator shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.
(2)
Prior to the issuance of any building 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); and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(3)
Application procedures and requirements.
(a)
Application for such a building permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township and in accordance with the procedures established in Article XXVIII of this chapter.
(b)
When any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[1]
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;
[2]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood hazards.
[4]
Structures will be anchored to prevent flotation, collapse, or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used; and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the determination in Subsection G(3)(b) above:
[1]
A completed building permit application form.
[2]
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:
[a]
North arrow, scale, and date.
[b]
Topographic contour lines.
[c]
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
[d]
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.
[e]
The location of all existing streets, drives, and other accessways.
[f]
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.
[g]
Site location, including address.
[h]
Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.
[3]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
[a]
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
[b]
The elevation of the base flood.
[c]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[d]
Detailed information concerning any proposed floodproofing measures.
[4]
The following data and documentation. 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 a base flood. Such statement shall include a description of the type and extent of floodproofing measures that have been incorporated into the design of the structure and/or the development.
(4)
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
(5)
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals, including, but not limited to, the Township Planning Commission and the Township Engineer, for review and comment.
H.
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 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 or letter of map revision.
I.
Water and sanitary sewer facilities and systems.
(1)
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.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities from Flood Damages," and "The International Private Sewage Disposal Code" shall be utilized.
§ 390-93 Notification.
A.
The owner of any property located within the FPC Floodplain Conservation District must advise prospective purchasers and/or lessees that the lot is located either entirely or partially, as the case may be, in the floodplain.
B.
Before settlement or change in use, as the case may be, the purchaser or lessee shall signify in writing that he or she has been advised that the premises lies partially or entirely in the floodplain, and a signed copy of such signification shall be delivered to the Township by the owner.
§ 390-94 Abrogation and greater restrictions.
This article 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 these provisions are more restrictive.