[Ord. 5-2015, 12/3/2015]
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 first been obtained from
the DEP's 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 DCED shall be notified prior to any alteration
or relocation of any watercourse.
2.
Except as otherwise provided in this Part 4, no new regulated activities
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.
[Ord. 5-2015, 12/3/2015]
2.
Within an identified AE Area that is adjacent to a floodway, no new
regulated activity 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 one-hundred-year flood more than one foot at
any point.
3.
Within an identified AE Area without any floodway, the following
provisions shall apply:
A.
No new regulated activity 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 one-hundred-year flood more than one foot at
any point.
B.
No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse
(the assumed floodway), unless a permit is obtained from the DEP's
regional office.
4.
Within any A Area, the following provisions apply:
A.
No new regulated activity 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 one-hundred-year flood more than one foot at
any point.
B.
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse (the assumed floodway), unless a permit is obtained from the Department of Environmental Protection's regional office. If the floodplain does not extend 50 feet beyond the top-of-bank as depicted on FEMA Flood Insurance Study Maps, or if the same is demonstrated through hydrologic and hydraulic analyses pursuant to § 8-302, Subsection 2, of this chapter, then approval by the DEP shall not be required.
[Ord. 5-2015, 12/3/2015]
1.
The following standards shall apply to activities regulated by this
chapter, where applicable, to the extent that they are more restrictive
and/or supplement the requirements of this chapter:
A.
The Uniform Construction Code (UCC), latest edition.
B.
The International Building Code (IBC), latest edition.
C.
The International Residential Code (IRC), latest edition.
D.
The International Fuel Gas Code (IFGC), latest edition.
E.
American Society of Civil Engineers 24 (ASCE24), latest edition.
F.
The Pennsylvania Code, 34 Pa. Code, Chapters 401-405, latest amendment.
G.
United States Department of Housing and Urban Development, Permanent
Foundations for Manufactured Housing Manual, latest edition.
H.
The Hopewell Township Zoning Ordinance, if more restrictive.
[Ord. 5-2015, 12/3/2015]
1.
Residential Structures. Within any identified floodplain area, any
new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated 1.5 feet
above the one-hundred-year flood elevation.
2.
Nonresidential Structures.
A.
Within any identified floodplain area, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated 1.5 feet above the one-hundred-year
flood elevation or be designed, constructed and floodproofed so that
the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
B.
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated to at least 1.5 feet above the one-hundred-year
flood elevation shall be floodproofed in a completely or essentially
dry manner in accordance with the W1 or W2 space classification standards
contained in the publication entitled "Flood-Proofing Regulations,"
published by the United States Army Corps of Engineers (June 1972,
as amended March 1992), or an approved, 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.
3.
Space Below the Lowest Floor.
A.
Fully enclosed space below the lowest floor (including basement)
is prohibited.
B.
Partially enclosed space below the lowest floor (including basement)
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 "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:
(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.
4.
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:
[Amended by Ord. 2-2016, 3/3/2016]
A.
The structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material and equipment related to the principal use or activity.
B.
The floor area shall not exceed 200 square feet.
C.
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters and have a low damage potential.
D.
Power lines, wiring and outlets serving the structure will be elevated
to the regulatory flood elevation.
E.
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
F.
Sanitary facilities are prohibited.
G.
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect 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)
Opening may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
H.
The applicant shall enter into a nonconversion agreement in a form
acceptable to the Township and recordable in the York County Recorder
of Deeds' office.
[Ord. 5-2015, 12/3/2015]
1.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Fill.
(1)
If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and provide
adequate resistance to settling.
(d)
Be reinforced and/or protected to provide adequate resistance
to erosion and scouring.
(e)
Be no steeper than two feet horizontal run to one foot vertical
rise, unless substantiated data, justifying steeper slopes, are submitted
to and approved by the Township.
(2)
The provisions contained in the IBC, latest edition, shall be
utilized.
B.
Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
Potential damage to persons or property shall be minimized or avoided.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water 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. Sanitary sewage
collection systems shall be watertight.
(3)
No part of any on-site sewage disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
D.
Other Utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be elevated
not less than one foot above the one-hundred-year flood elevation.
F.
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 § 8-406, Development Which May Endanger Human Life, of this chapter shall be stored at or above the regulatory flood elevation.
G.
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.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
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.
(2)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
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.
(4)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood
elevation shall be of a marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
L.
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.
M.
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.
[Ord. 5-2015, 12/3/2015]
1.
The following list of materials and substances are considered dangerous
to human life:
A.
Acetone.
B.
Ammonia.
C.
Benzene.
D.
Calcium carbide.
E.
Carbon disulfide.
F.
Celluloid.
G.
Chlorine.
H.
Hydrochloric acid.
I.
Hydrocyanic acid.
J.
Magnesium.
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.).
M.
Phosphorus.
N.
Potassium.
O.
Sodium.
P.
Sulphur and sulphur products.
Q.
Pesticides (including insecticides, fungicides, and rodenticides).
R.
Radioactive substances, insofar as such substances are not otherwise
regulated.
2.
In accordance with the Pennsylvania Flood Plain Management Act, 32
P.S. § 679.101 et seq., and the regulations adopted by the
Pennsylvania DCED as required by the Act, any new or substantially
improved structure shall be subject to the provisions of this section
and all other applicable codes, ordinances and regulations, if the
structure will be used for any activity requiring the production,
storage or maintenance of a supply of:
3.
Within any FW (Floodway Area), any structure of the kind described in Subsection 2 shall be prohibited.
4.
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), any new or substantially improved structure of the kind described in Subsection 2 shall be prohibited within the area measured 50 feet landward from the top-of-bank (the assumed floodway) of any watercourse.
5.
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection 2 shall be:
A.
Elevated or designed and constructed to remain completely dry up
to at least 1.5 feet above the one-hundred-year flood.
B.
Designed to prevent pollution from the structure or activity during
the course of a one-hundred-year flood.
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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 approved,
equivalent watertight standard.
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[Ord. 5-2015, 12/3/2015]
1.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
2.
Within any FA (General Floodplain Area) or FE (Special Floodplain
Area), manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank (the assumed floodway) of any
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 manufacturer's installation instructions and other applicable
codes and standards.
[Ord. 5-2015, 12/3/2015]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain areas where base flood elevation data are
not available shall be supported by hydrologic and hydraulic engineering
analyses that determine base flood elevations and floodway information.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA for a conditional letter of map revision
and letter of map revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
