The purpose of these provisions is to prevent the loss of property
and life, the protection of health and safety, to prevent the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A.
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities and frequencies.
B.
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
C.
Requiring all those uses, activities, and developments that do occur
in floodprone areas to be protected and/or floodproofed against flooding
and flood damage.
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
A.
These provisions shall apply to all lands within the jurisdiction
of the Planning Area and shown as being located within the boundaries
of the designated floodplain districts which shall be considered to
be a part of the official Zoning Map.
B.
There is hereby established and approved a map as part of the official
Zoning Map of the Planning Area, which is incorporated and made part
of this chapter as an overlay district, modifying the provisions of
the underlying districts. Said map shall be referred to as the Floodplain
Overlay Map, as amended. Said map shall include the Floodway, Floodfringe,
and General Floodplain Districts, the delineation of which is defined
herein.
No structure or land shall hereafter be used and no structure
shall be located, relocated, constructed, reconstructed, enlarged,
or structurally altered except in full compliance with the terms and
provisions of this article and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this article.
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 damages.
B.
This article shall not create liability on the article of the Township,
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision.
A.
The various floodplain districts shall include areas subject to inundation
by waters of the one-hundred-year flood. The basis for the delineation
of these districts shall be the Flood Insurance Study for the governing
body prepared by the Federal Insurance Administration dated August
15, 1979, effective February 15, 1980, as amended.
B.
The FW (Floodway District) is delineated for purposes of this article
using the criteria that a certain area within the floodplain must
be capable of carrying the waters of the one-hundred-year flood more
than one foot at any point. The areas included in this area are defined
in the Floodway Data Table contained in the Flood Insurance Study
as prepared by FEMA and shown on the recorded FIRM. Where no floodway
has been delineated in the FIS, such information contained in any
other available federal, state or other acceptable source should be
used.
C.
The FF (Floodfringe District) shall be that area of the one-hundred-year
floodplain not included in the floodway. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
contained in the flood profiles provided in the FIS. Where elevation
information is not provided in the FIS, such information provided
in any other available federal, state or other acceptable source should
be used.
D.
The General Floodplain District (FA) shall be that floodplain area
for which no detailed flood profiles or elevations have been provided.
They are shown on the maps accompanying the FIS prepared by FIA. Where
the specific one-hundred-year flood elevation cannot be determined
for this area using other sources of data such as the U.S. Army Corps
of Engineers, Floodplain Information Reports, U.S. Geological Survey,
Flood Prone Quadrangles, etc., then the applicant for the proposed
use, development and/or activity shall determine this elevation in
accordance 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 governing
body.
A.
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated to at least 1 1/2 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 "Floodproofing Regulations"
published by U.S. Army Corps of Engineers (June 1972) 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.
B.
District boundary changes. The delineation of any of the Floodplain
Districts may be revised by the Township where natural or man-made
changes have occurred and/or more detailed studies conducted or undertaken
by the U.S. Army Corps of Engineers, a River Basin Commission or other
qualified agency or individual documents the notification for such
change. However, prior to any such change, approval must be obtained
from the Federal Insurance Administration (FIA).
C.
Interpretation of district boundaries. Initial interpretations of
the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of
the districts, the Zoning Hearing Board shall make the necessary determination.
The person questioning or contesting the location of the district
boundary shall be given a reasonable opportunity to present his case
to the Board and to submit his own technical evidence if he so desires.
D.
Within any identified floodplain district, fully enclosed spaces
below the lowest floor of any new or substantially improved structure
shall be prohibited.
E.
All uses, activities and development occurring with any Floodplain
District shall be undertaken only in strict compliance with the provisions
of this article and with all other applicable codes and ordinances
such as the Uniform Construction Code, and the local Subdivision and
Land Development Ordinance.[1] In addition, all such uses, activities and development
shall be undertaken only in compliance with federal or state law including
Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. § 1334.
F.
Under no circumstance shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
G.
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Planning Area, a permit shall be obtained from the
Department of Environmental Protection, Dam Safety, Obstructions and
Storm Water Management Division. Further, notification of the proposal
by the Township shall be given to all affected adjacent municipalities.
Copies of such notifications shall be forwarded to both the Federal
Insurance Administration and the Department of Community And Economic
Development.
A.
Floodway District (FW). In the Floodway District, no development
shall be permitted except where any rise in flood heights caused by
the proposed development will be fully offset by accompanying improvements
which have been approved by all appropriate local and/or state authorities
as required above.
B.
Permitted uses.
(1)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking, and horseback riding trails, wildlife and
nature preserves, game farms, fish hatcheries, trap and skeet game
ranges, and hunting and fishing areas, not including buildings related
thereto.
C.
Special exceptions.
(1)
Essential services.
(2)
Essential service building.
(3)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc., as an accessory to any principal use permitted within
the underlying district.
(4)
Extraction of sand, gravel, and other materials where permitted
within the underlying district.
D.
Within any identified floodplain district, fully enclosed spaces
below the lowest floor of any new or substantially improved structure
shall be prohibited.
In the Flood-Fringe District, the development and/or use of
land shall be permitted in accordance with the regulations of the
underlying district provided that all such uses, activities, and/or
development shall be undertaken in strict compliance with the floodproofing
and related provisions contained in all other applicable codes and
ordinances.
In the General Floodplain Conservation District, the development
and/or use of land shall be permitted in accordance with the regulations
of the underlying district provided that all such uses, activities
and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained in all other applicable
codes and ordinances.
In passing upon applications for special exceptions and variances,
the Zoning Hearing Board shall consider all relevant factors and procedures
specified in other sections of this chapter and the following:
A.
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development, or activity that
will cause any increase in flood levels in the Floodway District.
B.
The danger that materials may be swept on to other lands or downstream
to the injury of others.
C.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
D.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility
to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternative locations not subject to flooding
for the proposed use.
H.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
I.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.
J.
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise; and sediment
transport of the floodwaters expected at the site.
L.
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a special exception or
variance to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for protection
and other related matters.
M.
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in (a) unacceptable or prohibited increases in flood heights,
(b) additional threats to public safety, (c) extraordinary public
expense, (d) create nuisances, (e) cause fraud or victimization of
the public, or (f) conflict with local laws or ordinances.
N.
In considering the presence of a hardship on a subject property,
extraordinary justification shall be required for properties over
1 1/2 acres.
The following definitions shall apply to this article:
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of mobile homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, or drilling operations and the subdivision
of land.
A temporary inundation of normally dry land areas.
Those floodplain districts specifically designated in this
chapter as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as Floodway District (FW), Flood-Fringe
District (FF), and General Floodplain District (FA).
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance).
Any alteration, repair, reconstruction or expansion to a
structure existing at the time of this chapter's enactment, the
costs of which equals or exceeds 50% of the market value of the existing
structure.
A.
Uses concerning hazardous materials. In accordance with the Pennsylvania
Flood Plain Management Act, and the regulations adopted by the Department
of Community and Economic Development as required by the Act, any
new or substantially improved structure which will be used for the
production or storage of any of the following 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 materials
or substances on the premises shall be subject to the provisions of
this section, in addition to all other applicable provisions:
(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)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Within any floodway area, any structure of the kind described in
this section shall be prohibited.
C.
Within any general floodplain area, any structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
