Whitpain Township City Zoning Code
ARTICLE XXV
FP Floodplain Conservation District
§ 160-166 Legislative intent; objectives; statutory authorization; abrogation and greater restrictions.
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Legislative intent; objectives. In addition to the goals and objectives stated in the declaration of legislative purposes found in Article I, § 160-2, and the statement of community development objective found in Article III, § 160-8, the specific intent of this article with respect to the FP Floodplain Conservation District shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Whitpain Township. In advancing these principles and the general purposes of this chapter and the Comprehensive Plan, the following shall be the specific objectives of the FP Floodplain Conservation District:
(1)
To combine with the present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.
(3)
To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and by promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the floodplain, as herein defined, and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain.
(5)
To protect those individuals who might choose, despite the flood dangers, to develop or occupy land on a floodplain.
(6)
To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in the flow of floodwaters.
(7)
To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(8)
To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.
(9)
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
(10)
To provide areas for the deposition of floodborne sediment.
(11)
To require that uses vulnerable to floods be constructed so as to be protected from flood damage.
C.
Abrogation and greater restrictions. This article supersedes any other conflicting provisions which may be in effect in the Floodplain Conservation District. However, any other provisions in the Code shall remain in full force and effect to the extent that such provisions are more restrictive than the provisions contained in this article. If there is any conflict between any of the provisions of this article, the more restrictive shall apply.
§ 160-167 Definitions.
As used in this article only, the following terms shall have the meanings indicated:
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zone AE that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. The BFE is also shown on the FIS profile, and can be determined for Zone A floodplains.
Any area of the building having its floor below ground level on all sides.
A structure for which the start of construction commenced before the effective date of the FIRM.
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 or Federal Insurance Administration 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 Insurance Administration 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.
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.
That part of the floodplain adjacent to and extending from the floodway and subject to inundation by the one-hundred-year flood.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
[Added 12-6-2016 by Ord. No. 4-243]
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after May 20, 1974, Ordinance 4-40, 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.
The flood having a one-percent chance of being equaled or exceeded in any given year. Also referred to as the "one-percent frequency flood," or the "base flood," as defined by FEMA in the Flood Insurance Study for Whitpain Township.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO or AE.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.
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 from 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/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.
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, the cost of which 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 (or repetitive loss when a repetitive loss provision is used) 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 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.
§ 160-168 Boundaries; identification of floodplain areas.
A.
The Floodplain Conservation District is defined and established as a district applicable to those areas of the Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 2016, 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. The Floodplain Conservation District shall also include any community-identified flood hazard areas, as defined below. 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 article.
B.
The Floodplain Conservation District shall consist of the following specific areas/districts:
(1)
The Floodway Area/District shall be those areas identified as Floodway on the FIRM as well as those floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS. The floodway 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.
(2)
The AE Area/District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS, but no floodway has been delineated.
(3)
Community-identified flood hazard areas shall be those areas where the Township has identified local flood hazard or ponding areas, as delineated and adopted on a Whitpain Township Floodplain Conservation District Map using best available topographic data and locally derived information such as flood of record, historic, high-water marks, soils or approximate study methodologies and floodplains defined by hydric soil type according to the United States Department of Agriculture, Natural Resource Conservation Service digital data dated February 26, 2009, or the most recent revision thereof.
[Amended 12-6-2016 by Ord. No. 4-243]
(4)
The A Area/District shall be the areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent annual chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the Floodplain Conservation District which is nearest the construction site. In lieu of the above, the municipality 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 municipality.
(5)
The Shallow Flooding 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 one-percent 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.
§ 160-169 Overlay concept.
A.
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
B.
Should the Floodplain Conservation District be declared inapplicable by legislative or administrative actions or judicial discretion, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this article.
C.
Should the zoning of any parcel or any part thereof in which the Floodplain Conservation District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Floodplain Conservation District unless such change was included as part of the original application.
§ 160-170 Boundary disputes; appeals.
A.
Should dispute concerning the Floodplain Conservation District boundaries arise, an initial determination shall be made by the Zoning Officer.
B.
Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District as defined above, which may include the grounds that the map referred to therein is or has become incorrect because of changes due to natural or other causes, or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XXX, § 160-234, of this chapter and §§ 160-177, 160-178 and 160-179 herein. The burden of proof in such an appeal shall be on the applicant.
C.
A landowner may, upon signing an agreement with the Board of Supervisors, submit detailed hydrologic and hydraulic calculations to this Township's consultant for purposes of determining a floodplain boundary. Any hydrologic and hydraulic studies submitted with an appeal shall be submitted to FEMA by the Township within six months from receipt of such information. If the Township's consultant and the landowner's consultant agree that the information supplied by the landowner indicates an accurate floodplain boundary, then the Township shall accept this as the correct boundary. However, prior to any such change, approval must be obtained from FEMA. The landowner shall be responsible for all costs in connection with obtaining such an approval and any map revision. In the event that the Township's consultant should not accept the information as being an accurate representation of the floodplain boundary, the landowner shall have the right to appeal to the Zoning Hearing Board as noted in Subsection B above.
D.
Hydric soil boundary short procedure. A landowner may, upon signing an agreement with the Board of Supervisors, submit detailed soil profiles and a report to the Township's consultant for the purposes of determining a hydric soil classification. If the Township's consultant and the landowner's consultant agree that the site-specific information supplied by the landowner indicates an accurate classification of the soils, then the Township shall accept this as the correct boundary. However, prior to any such change, the landowner shall be responsible for any map revisions and the costs thereof. In the event that the Township's consultant should not accept the information as being an accurate representation of a hydric soil classification, the landowner shall have the right to appeal to the Zoning Hearing Board as noted in Subsection B above.
[Amended 9-17-2018 by Ord. No. 4-251]
§ 160-171 Permitted uses.
The following uses and no others are permitted by right in the Floodplain Conservation District in compliance with the requirements of this article; provided that all other Township, state and federal permits and approvals are obtained:
A.
Front, side and rear yards and required lot area in any district, provided that such yards are not to be used for on-site sewage disposal systems.
C.
Forestry operations reviewed by the Montgomery County Conservation District.
D.
Agricultural crossings by farm vehicles and livestock and floodplain crossings by recreational trails, railroads and utilities shall be permitted; provided:
(1)
Disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable; and
(2)
It has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in an increase in the base flood by more than one-foot.
E.
Agricultural uses conducted in compliance with methods prescribed in the latest version of the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual.
F.
Public sewer and/or water lines and public utility transmission lines running along the corridor, provided that new or replacement water lines and sewer systems are designed to minimize or eliminate infiltration.
G.
Normal accessory uses (except enclosed structures and swimming pools) permitted under the underlying zoning district.
H.
Fences. Fences running parallel to the direction of the water flow within a Floodplain Conservation District shall be permitted. Fences placed perpendicular to or across the water flow within a floodplain shall be open post and two or three rails and may have PVC-coated welded wire mesh fencing having rectangular openings no less than two inches by four inches in rectangular shape, which may be stapled or attached to the side of the post and rail fence. Plans and accompanying elevation drawings showing the fence perpendicular to or across the direction of water flow within the Floodplain Conservation District must be approved by the Zoning Officer prior to the erection or installation of the fence.
§ 160-172 Prohibited uses.
Any use or activity not authorized by § 160-171 herein, shall be prohibited within the Floodplain Conservation District, and the following activities and facilities are specifically prohibited:
A.
No new construction, alteration, or improvement of buildings and any other type of permanent structure shall be permitted in the Floodplain Conservation District, except in accordance with § 160-171 above.
B.
Placement of fill within the Floodplain Conservation District is prohibited.
C.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse, except stream bank stabilization in accordance with § 160-171 above, provided that all necessary permits are obtained from any governmental agency having jurisdiction over such improvement.
D.
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.
E.
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
G.
Subsurface sewage disposal areas.
H.
Sod farming.
I.
Act 166 regulated activities.
(1)
Identification. In accordance with the Pennsylvania Flood Plain Management Act, Act 166 of 1978,[1] as amended, and the regulations adopted by the Department of Community and Economic Development as required by the Act, the following activities have been identified as being dangerous to human life or posing a special hazard in floodplain areas:
(a)
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 substances) of any of the following dangerous materials or substances on the premises:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Pesticides, including insecticides, fungicides, and rodenticides | |
Petroleum products (gasoline, fuel oil, etc.) | |
Phosphorus | |
Potassium | |
Radioactive substances, insofar as such substances are not otherwise regulated | |
Sodium | |
Sulfur and sulfur products |
(c)
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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Restrictions in the event of variance.
(a)
Where permitted by variance within the floodplain area, any new or substantially improved structure of the kind described in Subsection I(1)(a) above shall be:
[1]
Elevated to remain completely dry up to at least 1 1/2 feet above the BFE and built in accordance with § 160-179.1B;
[2]
Prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse;
[3]
Designed to prevent pollution from the structure or activity during the course of a base flood; and
[4]
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" (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
§ 160-173 Uses and/or structures rendered nonconforming.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in § 160-171 herein shall become a nonconforming use or structure regardless of its conformance to the district in which it is located without consideration of this article.
A.
The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located without consideration of this article shall be governed by the requirements of Article XXIX. However, the Zoning Hearing Board shall ensure that the standards contained in § 160-177 herein are applied to the expansion or continuance of said nonconforming use or structure.
B.
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming due to the adoption of this article shall be governed by the standards contained in § 160-177 herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
§ 160-174 Improvements to existing structures in Floodplain Conservation District.
The following provisions shall apply whenever any improvement is made to an existing structure located within the Floodplain Conservation District:
A.
No expansion or enlargement of an existing structure shall be allowed within the Floodplain Conservation District that would cause any increase in the elevation of the base flood.
B.
No expansion or enlargement of an existing structure shall be undertaken in the direction of the streambank.
C.
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article.
D.
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the current version of the IBC and IRC.
[Amended 10-18-2022 by Ord. No. 4-260]
E.
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this article.
§ 160-175 Uses permitted by special exception.
The following uses may be permitted in the Floodplain Conservation District by a special exception from the Zoning Hearing Board and upon the condition that no use permitted as a special exception shall increase the elevation of the base flood by more than one foot at any point:
A.
Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing areas, sport or boating clubs, not to include enclosed structures, excepting toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any toilet facilities provided shall be connected to public water and sewerage systems.
B.
Sealed public water supply wells with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
C.
Dams, culverts, end walls, head walls, and bridges with the approval of appropriate authorities with jurisdiction, such as the Commonwealth of Pennsylvania, Department of Environmental Protection.
D.
Impoundment basins with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
E.
Roads, driveways serving residential dwelling units, and parking facilities.
(1)
In the case of roads and driveways, no such facilities shall be permitted as a special exception if viable alternative alignments are feasible. In any case, pervious rather than impervious materials shall be utilized in the construction of any road or driveway situated within a floodplain.
(2)
In the case of parking facilities, no such facility shall be permitted as a special exception unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users and/or to downstream properties. Temporary parking for periods not to exceed one hour and/or parking for recreation uses would be examples of such exceptions. In any case, pervious rather than impervious materials shall be utilized in the construction of any parking facility situated within a floodplain.
F.
(Reserved).
G.
Grading or regrading of lands, including the deposit of topsoils and the grading thereof. The application for a special exception for such a use shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(2)
An application for amending the boundaries of the Floodplain Conservation District if the boundaries are affected by the grading or regrading of land.
(3)
A plan indicating the deposition of any fill or materials proposed to be deposited by the grading or regrading of land. Such fill or other materials shall be protected against erosion by riprap, vegetative cover or bulkheading.
H.
Similar uses to the above which are in compliance with the intent of this article.
§ 160-176 Application for special exception or variance.
[Amended 9-17-2019 by Ord. No. 4-256]
A.
For a use other than those permitted in § 160-171, an application seeking approval by special exception or variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
Applicants shall submit design plans and all associated calculations and reports to the Township Engineer for review prior to filing an application for a special exception or variance under this article for any area identified as Floodway on the FIRM.
C.
The application for special exception or use by variance shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(2)
An application for amending the boundaries of the Floodplain Conservation District if the boundaries will be affected by the proposed special exception or use by variance.
§ 160-177 Procedures for special exception or variance application.
All applications for special exceptions or variances from provisions of this article pertaining to the Floodplain Conservation Districts in Whitpain Township shall be subject to the standards of review set forth in §§ 160-177 and 160-178 herein. Upon the filing of such applications, they shall be processed as follows:
A.
Upon receipt of said application, the Zoning Officer may submit the application and supportive material to the appropriate agencies or regulatory departments for their review and comments and recommendations within 30 days:
(1)
Montgomery County Soil Conservation Service of United States Department of Agriculture.
(2)
Federal Emergency Management Agency.
(3)
Department of Environmental Protection, Commonwealth of Pennsylvania.
(4)
Montgomery County Planning Commission.
(5)
Whitpain Township Planning Commission.
(6)
Whitpain Township Engineer.
(7)
Wissahickon Valley Watershed Association.
(8)
Whitpain Township floodplain consultant.
B.
The Zoning Hearing Board Solicitor shall schedule a hearing before the Zoning Hearing Board no sooner than 30 days after the transmission of documentation to the agencies aforementioned (Subsection A) and no later than 60 days following the submission of the completed application and the supplemental materials required by § 160-176B and the payment of the application fee, unless said time shall be extended by the applicant's written agreement, obtained in advance. Public notice of said hearing shall be given in accordance with the applicable provisions of the Municipalities Planning Code, as amended, and the terms of this article.
C.
A decision by the Zoning Hearing Board shall be rendered in accordance with the provisions of the Municipalities Planning Code, unless extended by written consent of the applicant.
D.
The Zoning Hearing Board may impose such special measures or conditions as may be deemed reasonably necessary and appropriate in the grant of relief by the Board in order to implement the purposes and intent of the provisions of the Floodplain Conservation District.
E.
The approval of any request for relief by the Zoning Hearing Board shall be accompanied by a written notice that notifies the applicant that such approval may result in increased premium rates for flood insurance.
§ 160-178 Standards for approval of special exceptions.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objective in § 160-166 herein. In considering a use a special exception, the Zoning Hearing Board shall consider the following:
A.
The effect of the use shall not substantially alter the cross-sectional profile of the streams and floodplains at the location of the proposed use.
B.
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of the residents of Whitpain Township or of other municipalities in the same watershed shall not be adversely affected.
D.
Any structures permitted by special exception or variance shall be constructed and placed on the lot 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.
E.
Any new structure permitted as a special exception or by variance shall be floodproofed in accordance with the provisions contained in the Whitpain Township Floodproofing Ordinance, as amended.
F.
Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in the Whitpain Township Floodproofing Ordinance, as amended. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with the Township Floodproofing Ordinance, as amended.
G.
An affirmative decision shall not be issued by the Zoning Hearing Board on an application within the Floodplain Conservation District unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements.
§ 160-179 Standards for approval of use by variance.
A property owner of a lot of record as of the date of the enactment of this article who is able to prove that the strict enforcement of this article would create undue hardship by denying a reasonable use of such existing lot which is situated either wholly or partially in the Floodplain Conservation District may seek relief by applying for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question while ensuring that such use will not violate the basic objectives of this article as specified in § 160-166 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider the requirements for the granting of variances contained in the Pennsylvania Municipalities Planning Code, as amended from time to time, and the standards outlined in § 160-177 herein.
C.
Requests for variances shall also be considered by the Zoning Hearing Board in accordance with the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing Board upon a showing of good and sufficient cause, a determination that failure to grant the appeal would result in exceptional hardship to the applicant and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing ordinances.
(2)
Affirmative decisions shall only be issued upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief.
(3)
Affirmative decisions shall only be issued upon a determination that the proposed construction, development, use, activity or encroachment of any kind shall not cause any increase in the BFE.
§ 160-179.1 Technical provisions in event of variance being granted.
A.
General. In granting any variance, the following technical provisions to the proposal for which the variance has been granted shall attach as conditions. These conditions and safeguards are necessary in order to protect the public health, safety, and welfare of the residents of the Township.
(1)
Pertaining to the 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 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)
The municipality shall require technical or scientific data to be submitted 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. A LOMR or conditional letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the BFEs within the floodway; or
(b)
Any development occurring in Zones A and AE without a designated floodway, which will cause a rise of more than one foot in the BFE; or
(c)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
(3)
Any new construction, development, uses or activities allowed by variance within any Floodplain Conservation. District shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations. In addition, when such development is proposed within the area measured 50 feet landward from the top of bank of any watercourse, a permit shall be obtained from the Department of Environmental Protection Regional Office.
B.
Elevation and floodproofing requirements in the event of a variance.
(1)
Residential structures.
(a)
In floodway or AE 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 any portion of the Floodplain Conservation District 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 § 160-168B(4).
(c)
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 most recent revisions thereof and ASCE 24 and 34 Pa.Code (Chapters 401-405, as amended) shall be utilized.
(d)
Plans, clearly and legibly drawn at suitable scale, for any proposed building, shall show the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(e)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, shall show complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the BFE.
(2)
Nonresidential structures.
(a)
In Floodway or AE 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 any portion of the Floodplain Conservation District 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 § 160-168B(4).
(c)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(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 most recent revisions thereof and ASCE 24 and 34 Pa.Code (Chapters 401-405, as amended) shall be used.
(e)
Plans, clearly and legibly drawn at suitable scale, for any proposed building, shall show the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(f)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, shall show complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the BFE.
(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]
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.
(4)
Accessory structures.
(a)
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 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 100 square feet.
[3]
The structure will have a low damage potential.
[4]
The 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 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; and
[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.
§ 160-179.2 Activities requiring special permits.
A.
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the activities indicated in § 160-172I(1)(b) and (c) shall be prohibited within any Floodplain Conservation District unless a special permit has been issued by the Township. In order to apply for a special permit, a variance must first be obtained, as outlined in §§ 160-179 and 160-179.1.
B.
Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:
(1)
A written request including a completed special permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
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)
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;
(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 streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and spot elevations concerning the BFE, and information concerning the flow of water, including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h)
Any other information which the municipality considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(b)
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(c)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the BFE;
(d)
Detailed information concerning any proposed floodproofing measures;
(e)
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents;
(b)
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the BFE;
(c)
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a BFE, including a statement concerning the effects such pollution may have on human life;
(d)
A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on BFE elevations and flows;
(e)
A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the BFE and the effects such materials and debris may have on BFE elevations and flows;
(f)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development";
(g)
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;
(i)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
C.
Application review process. Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to all other procedures contained in this article:
(1)
Within three business days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall notify the applicant in writing, stating in what respect the application is deficient.
(3)
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five business days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.
(6)
If the Township does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
D.
Special technical requirements. In addition to the requirements of §§ 160-179 and 160-179.1, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in § 160-179 and § 160-179.1 or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters of the BFE without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE;
[2]
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above the BFE; and
[3]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the BFE.
(b)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(c)
All 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 and the Department of Community and Economic Development.
§ 160-180 Appeal of decisions by Zoning Hearing Board.
§ 160-181 Nonliability of municipality.
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, or 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 the Floodplain Conservation District, 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 Whitpain Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
C.
The granting of a zoning permit or approval of a subdivision or land development plan in the Floodplain Conservation District shall not constitute a representation, guaranty or warranty of any kind by Whitpain Township or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon Whitpain Township, its officials or employees.
§ 160-181.1 Designation of Floodplain Administrator.
The Zoning Officer is hereby appointed as the Floodplain Administrator to administer and enforce this article.