[Amended 11-8-2000 by Ord. No. 00-04; 3-1-2016 by Ord. No. 16-01]
A.
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. The Board of Lower
Frederick Township adopts the following provisions pursuant to the
authority delegated by the Commonwealth of Pennsylvania as described
above.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
In expansion of the declaration of legislative intent and community development objectives contained in Article I of this chapter, the specific intent of this district is to:
(1)
Protect areas of floodplain subject to and necessary for the
containment of floodwaters.
(2)
Minimize danger to public health by protecting water supply
and natural drainage.
(3)
Permit and encourage the retention of open space land while
providing for such uses and development as are compatible with these
objectives.
(4)
Provide regulations to ensure eligibility for owners of flood-prone
properties, in compliance with the requirement for federal flood insurance.
(5)
Establish certain restrictions which are necessary within the
floodplains to protect the general health, welfare, and safety of
the community.
(6)
Prevent the erection of structures in areas unsuitable by reason
of danger from flooding.
(7)
Minimize danger to public health by protecting surface and subsurface
water supplies and promoting safe and sanitary drainage.
(8)
Permit certain 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 floodway.
(9)
Protect nonconforming properties of individuals who have developed
or occupied land in a floodplain prior to enactment of this article.
(10)
Protect the Township from unsuitable uses of land which may
cause increased expenditures for public works and disaster relief
and adversely affect the economic well-being of the Township.
(11)
Permit only those uses in the floodplain compatible with the
preservation of natural conditions which are conducive to the maintenance
of constant rates of water flow throughout the year.
(12)
Provide sound floodplain management for the benefit of landowners
adjacent to the floodplain and for other municipalities within the
same watershed, and help protect them from the impact of improper
development and the resulting increased potential for flooding.
(13)
Protect the open floodplain to provide for the deposition of
floodborne sediment.
(14)
Protect drainage courses which carry abnormal flows of stormwater
in periods of heavy precipitation.
(15)
Require that any permitted structures in the floodplain, including
public facilities, be constructed so as to be protected from flood
damage in accordance with the requirements of the National Flood Insurance
Program, P.L. 90-448, and the Pennsylvania Flood Plain Management
Act, P.L. 851, No. 166.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The provisions of Article XV (hereinafter "this article") supersede any other conflicting provisions of the Code, ordinances or resolutions of Lower Frederick Township which may apply to the Floodplain Conservation District.
B.
However, any other provisions of the Code, ordinances or resolutions
of Lower Frederick Township shall remain in full force and effect
to the extent that those provisions are more restrictive. If there
is any conflict between any of the provisions of this article, the
more restrictive shall apply.
C.
If any section, subsection, paragraph, sentence, clause, or phrase
in this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of this article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
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 on rare occasions.
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 districts or that
land uses permitted within such districts will be free from flooding
or flood damage.
B.
This article shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
The FP Floodplain Conservation District is defined and established
as those areas of the Township subject to flooding as defined in Subsections
A and B. The use of the words "floodplain" or "flood plain" shall
encompass the definition of the Floodplain Conservation District of
this article.
A.
The identified floodplain area shall be those areas of Lower Frederick
Township which are subject to inundation by the waters of the one-percent
annual chance flood, as identified in the Flood Insurance Study (FIS)
dated March 2, 2016, or the most recent revision thereof, and the
accompanying Flood Insurance Rate Map (FIRM) for Montgomery County
dated March 2, 2016, prepared for the Township by the Federal Emergency
Management Agency (FEMA), or the most recent revision thereof. The
identified floodplain area shall consist of the following specific
areas:
(1)
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.
(2)
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.
(3)
FA (general floodplain area): the areas identified as Zone A
in the Flood Insurance Study 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.
(4)
The Township may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Township.
B.
Additional areas.
(1)
The FP Floodplain Conservation District shall also include soils
with a frequency of flooding of 1% or greater per year, as delineated
by the Natural Resources Conservation Service, United States Department
of Agriculture Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov/),
including the following soils:
C.
The Floodplain District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Lower Frederick Township which is hereby made a part of this article, and additional area based on soils as described in § 170-106B. The FIRM is available for inspection at the Township office. Further delineation shall be subject to the following criteria:
(1)
All changes to the Floodplain District are subject to review
and approval of FEMA. The Floodplain Conservation District 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, after submission of technical information or data to FEMA
and approval by FEMA of the proposed revision or modification.
(2)
Studies used to establish the floodplain boundaries shall be
available in the Township office for reference. Whenever there is
a difference between the map and the data contained in the studies,
the data contained in the studies shall determine the boundary of
the district.
(3)
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by Lower Frederick Township.
Any changes in the boundaries of the Floodplain District shall be
subject to the review and approval of the Federal Insurance Administrator.
(4)
As soon as practicable, but not later than six months after
the date such information becomes available, a community shall notify
FEMA of the changes to the special flood hazard area by submitting
technical or scientific data.
The Floodplain District shall be an overlay on all zoning districts
and shall function in accordance with the following:
A.
For any lot or portion thereof lying within the floodplain, the regulations
of the Floodplain District shall take precedence over the regulations
of the underlying district.
B.
Should the underlying zoning of any lot or any part thereof which
is located in the Floodplain District be changed through any legislative
or judicial action, such change shall have no effect on the overlying
Floodplain District, unless such change was included as part of the
original application.
C.
Should the overlying Floodplain District be declared inappropriate
to any lot through any legislative or judicial actions, such change
shall have no effect on the underlying zoning district.
A.
The Floodplain Conservation District shall include 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.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
(2)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(3)
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.
B.
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.
The following uses and no others will be permitted by right
in the Floodplain District. All such uses shall be subject to the
floodproofing requirements as stipulated in this article as well as
in other ordinances. Any new construction, development, use, activity
or encroachment within the floodway that would cause any increase
in the one-hundred-year-flood heights shall be prohibited.
A.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices.
B.
Pasture and grazing land with necessary fencing in accordance with
recognized soil conservation practices but permitting no structures.
C.
Open space uses that are primarily passive in character shall be
permitted to extend into the floodplain, including: wildlife sanctuary,
woodland preserve, arboretum, fishing areas and passive recreation
or parks, including hiking, bicycle and bridle trails, but including
no structures or facilities subject to damage by flooding or likely
to inhibit the flow of floodwaters.
D.
Forestry, lumbering, and reforestation in accordance with recognized
natural resource conservation practices, but permitting no structure.
E.
Utility transmission lines.
F.
Sealed public water supply wells, with the approval of the Township
Engineer.
G.
Watertight sanitary sewers, with the approval of the Township Engineer.
H.
Front, side, or rear yards, and required lot area for any district,
provided such yards are not to be used for on-site sewage disposal
systems or any structures.
I.
Access driveways to a permitted use, when constructed of pervious
materials and the contributing watershed is 99 acres or smaller.
J.
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable:
K.
No structures are permitted by right in the Floodplain District,
except the following structures, which are permitted by right provided
that if placed within the floodway, there is no rise in the one-hundred-year-flood
elevation:
B.
The following uses, activities and facilities are specifically prohibited:
(1)
Sanitary landfills, dumps, junkyards, and outdoor storage of
vehicles and materials.
(2)
On-site sewage disposal systems.
(5)
The construction or substantial improvement of structures which:
(a)
Will be used for any activity requiring the maintenance of a
supply of more than 550 gallons, or other comparable volume, of any
of the following dangerous materials or substances on the premises;
or
(b)
Will involve the production, storage, or use of any amount of
radioactive substances; or
(c)
Will involve the production or storage of any of the following
substances:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur; sulfur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
C.
The following uses, activities and facilities are specifically prohibited,
and a variance shall not be granted for any such uses, activities
or facilities:
(1)
Hospitals (public or private).
(2)
Nursing homes, convalescent homes (public or private), housing
or care facilities for the elderly and/or handicapped.
(3)
Jails or prisons.
(4)
New mobile home parks, mobile home subdivisions, manufactured
home parks, and manufactured home subdivisions, and substantial improvements
to existing mobile home parks and manufactured home parks.
(5)
Mobile homes and manufactured homes not within a park or subdivision
and any substantial improvements to them.
The following and no other uses are permitted when authorized
as a conditional use by the Board of Supervisors, provided that such
use shall meet the standards set forth in this article. Such use shall
be permitted subject to reasonable conditions and safeguards as the
Board of Supervisors may determine. All conditional uses must meet
the requirements of the underlying district.
A.
Game farm, fish hatchery, or hunting and fishing reserve, for the protection or propagation of wildlife, but permitting no structures except as stated in § 170-109.
B.
Recreation use, whether open to the public or restricted to private
membership, such as parks, camps, picnic area, golf courses, fishing,
sport or boating clubs, excluding enclosed structures but permitting
piers, docks, floats, or open shelters usually found in developed
outdoor recreation areas. Toilet facilities may be acceptable when
connected to public water and sewage systems.
C.
Storm sewers or impoundment basins with the approval of the Township
Engineer.
D.
Outlet installations for sewage treatment plants and sewage pumping
stations, with the approval of the Township Engineer, the local Sewer
Authority, and the Department of Environmental Protection.
E.
Paved roads, driveways, and parking lots.
(1)
No roads or driveways shall be permitted where viable alternative
alignments are feasible.
(2)
Parking for temporary uses only may be permitted. No temporary
parking shall be permitted unless vehicles are capable of being removed
quickly in the event of flash flooding. No overnight or long-term
parking is permitted. Parking for recreation uses shall be permitted.
F.
Grading or regrading of lands, including the deposition of topsoils
and the grading thereof, and the construction of retaining walls.
In addition, an application for a conditional use for such uses shall
also be accompanied by a plan indicating the deposition of any fill
or material proposed to be deposited by the grading or regrading of
land; such fill or other materials shall be protected against erosion
by rip-rap, vegetation cover, or bulk-heading.
G.
The relocation of a watercourse, provided it has been approved by
the Township Supervisors with the prior recommendation of the Township
Planning Commission and the approval of both the Soil Conservation
Service, USDA, the Pennsylvania Department of Environmental Protection,
Bureaus of Water Quality Management and Dams and Encroachments. Prior
to any such relocation, notifications of the proposal shall be sent
to all contiguous property owners and communities and the State Coordinator's
office. Copies of such notification shall be sent to the Federal Insurance
Administration and the Pennsylvania Department of Community and Economic
Development.
H.
Any other similar uses not listed are to be considered conditional
uses and subject to the requirements herein.
A.
The Lower Frederick Township Zoning Officer is hereby appointed to
administer and enforce the provisions of this article and is referred
to herein as the "Floodplain Administrator." The Floodplain Administrator
shall maintain in perpetuity all records associated with the requirements
of this article, including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
B.
A permit shall be required before any construction or development
is undertaken within any area of Lower Frederick Township. Permit
applications shall be submitted to the Floodplain Administrator. The
permit application shall include the following:
(1)
The name and address and phone number of the applicant.
(2)
The name and address of the owner of the land on which construction
is proposed.
(3)
The name and address and phone number of the contractor.
(4)
The site location, including address.
(5)
A listing of other permits or variances required.
(6)
A description of proposed work.
C.
The Floodplain Administrator shall determine if the project is or
may be within the Floodplain District. If the project is or may be
within the Floodplain District, additional information will be required
to enable the Floodplain Administrator to evaluate the application
relative to the requirements of this article. At the minimum, the
application or plans shall include the following:
(1)
The proposed lowest floor elevation of any proposed building,
based upon North American Vertical Datum of 1988.
(2)
The elevation of the one-percent annual chance flood.
(3)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces, and other factors associated
with a one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing,
certified by a registered professional engineer or architect.
D.
Prior to the issuance of a permit, the Floodplain Administrator shall
review the application for the permit to determine if all other necessary
governmental permits required by federal and commonwealth laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
E.
For a use other than those permitted in § 170-109, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer. The application for conditional use or use by variance shall be accompanied by detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
F.
Special requirements for subdivisions and development.
(1)
All subdivision proposals shall be reviewed to assure that such
proposals minimize flood damage.
(2)
Subdivision and development proposals shall provide adequate
drainage.
(3)
All subdivision proposals and development proposals containing
at least 10 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.
B.
The Board of Supervisors or Zoning Hearing Board shall, at least
30 days prior to a public hearing, have the option to request the
review and recommendations of the Soil Conservation Service, the Lower
Frederick Township Planning Commission, the Montgomery County Planning
Commission, and other technical or planning agencies as deemed necessary.
C.
In rendering a decision, the Board of Supervisors or Zoning Hearing
Board may impose special measures or conditions as deemed reasonably
necessary and appropriate for the use to conform with the intent of
this chapter.
The Board of Supervisors or Zoning Hearing Board shall, in considering conditional use or variance applications, consider as standards the stated objectives in § 170-103 and the following:
A.
The effect of the use shall not alter the carrying capacity of the
stream and the floodplains at the location of the proposed use.
B.
Lands abutting the waterway, including upstream and downstream properties,
shall not be unreasonably affected by the proposed use. No encroachment,
alteration, or improvement of any kind shall be made to any watercourse
until all adjacent municipalities which may be affected by such action
have been notified by the municipality, and until all required permits
or approvals have first been obtained from the Department of Environmental
Protection Regional Office.
C.
Any new structures, utilities and facilities permitted by conditional
use or by variance shall be located, constructed and placed on the
lot so as to minimize flood damage and have a minimum effect upon
the flow and height of floodwater. Such structures, utilities and
facilities shall be elevated and/or floodproofed in accordance with
the provisions herein, as well as other Township ordinances, and:
(1)
All such structures, utilities and facilities shall be firmly
anchored to prevent flotation, collapse, or lateral movement.
(2)
All such structures, utilities and facilities shall be located,
constructed and floodproofed so as to prevent the entrance of floodwater
into the water supply system, waste treatment systems, and other utility
systems. In addition, waste treatment systems shall be located and
designed to minimize or eliminate discharges into the floodwaters
and avoid waterway impairment or contamination.
(3)
All electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(4)
All such structures, utilities and facilities shall be constructed
with flood-resistant materials.
D.
Any additions to existing structures permitted as a conditional use
or by variance shall be elevated and/or floodproofed in accordance
with the provisions herein, as well as other Township ordinances,
and:
(1)
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 elevation.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any AE Area/District with floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(3)
No expansion or enlargement of an existing structure shall be
undertaken in the direction of the streambank.
(4)
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.
E.
No conditional use or variance shall be granted for any use, structure,
or development within the floodway if any increase in the one-percent
annual chance flood elevation would result.
F.
Variances shall only be granted upon the following:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
(3)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense, or create nuisances, cause fraud on
or victimization of the public, or conflict with other applicable
laws, ordinances, or regulations.
(4)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
G.
Whenever a variance or conditional use is granted, the Board of Supervisors
or Zoning Hearing Board shall notify the applicant in writing that:
H.
A complete record of all variance and conditional use requests, resulting
decisions and notifications, including justifications for granting
variances and conditional uses, shall be maintained by the Township.
The Township shall report such decisions in the annual report sent
to the Federal Insurance Administration.
A.
Existing nonconforming uses and structures located in the floodway
shall not be expanded or enlarged, unless the effect of the proposed
expansion or enlargement on one-hundred-year flood levels is demonstrated
to be fully offset by accompanying stream improvements.
B.
The modification, alteration, repair, reconstruction, or improvement
to any nonconforming use or structure, regardless of location in the
floodway or flood fringe or general floodplain area, shall be done
in compliance with the elevation, floodproofing and anchoring provisions
under Section 60.3d of the National Flood Insurance Program requirements,
and with the provisions in this article and other applicable ordinances.
A.
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 one foot
or more above the BFE (base flood elevation).
B.
Nonresidential structures.
(1)
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated at least 1 1/2
feet above the BFE (base flood elevation), or be designed and constructed
so that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(2)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated to at least 1 1/2 feet above the
BFE (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 publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992), or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standards.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(2)
Partially enclosed space below the lowest floor.
(a)
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.
(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]
There shall be a minimum of two openings having a net total
area of not less than one square inch for every one 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.
D.
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 6-7-2016 by Ord.
No. 16-03]
(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 200 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 shall be at least 1 1/2
feet above the one-hundred-year-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,
collapse and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwaters 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 one 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.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
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 one-hundred-year flood.
B.
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.
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 to
the greatest extent possible.
A.
Manufactured homes.
[Amended 6-7-2016 by Ord.
No. 16-03]
(1)
Within any FW (Floodway Area), manufactured homes, as defined
herein, shall be prohibited.
(2)
Within any FA (General Floodplain Area), manufactured homes,
as defined herein, shall be prohibited.
(3)
Where permitted within any floodplain area, all manufactured
homes, as defined herein, and any improvements thereto, shall be:
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
article may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipal Planning Code and any
applicable local ordinance.
C.
In any appeal to the Zoning Hearing Board regarding a dispute concerning
any identified floodplain boundary, the burden of proof shall be on
the appellant.
A.
General. Unless specifically defined below, words and phrases used
in this article shall be interpreted so as to give this article its
most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOOD-RESISTANT MATERIALS
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE-HUNDRED-YEAR FLOOD
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this article, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and/or having a
nature customarily incidental and subordinate to, the principal use
or structure.
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 Zones AE, AH and A1-30 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 combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings, or other structures;
the placement of manufactured homes; streets, and other pavings; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard 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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water, and sanitary
facilities, structures and their contents.
Flood-resistant material includes any building product capable
of withstanding direct and prolonged contact with floodwaters without
sustaining significant damage. Prolonged contact means at least 72
hours. Significant damage is any damage requiring more than low-cost
cosmetic repair (such as painting). All structural and nonstructural
building materials at or below the base flood elevation (BFE) must
be flood-resistant.
The designed area of a floodplain required to carry and discharge
floodwaters of a given magnitude. For the purposes of this article,
the floodway shall be capable of accommodating a flood of the one-hundred-year
magnitude.
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Pennsylvania Historic and Museum Commission (PHMC)
as meeting the requirements for individual listing on the National
Register.
Certified or preliminarily determined by the Pennsylvania Historic
and Museum Commission (PHMC) as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the PHMC to qualify as a registered historic district.
The floodplain area specifically identified in this article
as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
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 article.
A transportable, single-family dwelling intended for permanent
occupancy, an office, or a place of assembly, contained in one or
more sections, built on a permanent chassis, which arrives at a site
completed and ready for occupancy except for minor and incidental
unpacking and assembling operations, and constructed so that it may
be used with or without a permanent foundation. The term includes
mobile home, park trailers, travel trailers, and recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
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, or 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 March 2, 2016, and includes any subsequent improvements
thereto. Any construction started after September 30, 1977, and before
March 2, 2016 (the effective start date of this floodplain management
article), is subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year). Also referred to as the
"one-percent-frequency flood" or the "base flood," as defined by FEMA
in the Flood Insurance Study for Lower Frederick Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after September 30, 1977, the date of the initial FEMA Flood
Insurance Rate Map, and, as such, would be required to be compliant
with the regulations of the NFIP.
A structure for which construction or substantial improvement
occurred on or before September 30, 1977, the date of the initial
FEMA Flood Insurance Rate Map, and, as such, would not be required
to be compliant with the regulations of the NFIP.
A vehicle which is: built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The regulatory flood elevation is the elevation to which
development is regulated for purposes of elevation and/or dry floodproofing.
It is equal to the base flood elevation (BFE) plus a freeboard of
1 1/2 feet.
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, A1-A30, AE, A99, or AH.
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.
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 designed portion, of a floodplain.
The date the permit was issued for substantial improvement
and other proposed new development, 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines, for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceed 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
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.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
The statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
