[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Makefield as indicated in part histories. Amendments noted
where applicable.]
[Adopted 2-17-2015 by Ord. No. 305]
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. Therefore, the Board
of Supervisors of Upper Makefield Township does hereby enact as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
The intent of this Part is to:
A.
Promote the general health, welfare, and safety of the Township.
B.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural
drainage.
D.
Reduce financial burdens imposed on the Township, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
E.
Comply with federal and state floodplain management requirements.
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the identified floodplain area of Upper Makefield
Township unless a floodplain permit has been obtained from the Floodplain
Administrator.[1]
[1]
Editor’s Note: Former Subsection B, exempting minor
repairs from the permit requirements, which immediately followed this
subsection, was repealed 3-21-2017 by Ord. No. 314.
This Part supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this Part, the more restrictive
shall apply.
A.
The degree of flood protection sought by the provisions of this Part
is considered reasonable for regulatory purposes and is based on accepted
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 Part does not imply that
areas outside any identified floodplain areas, or that land uses permitted
within such areas will be free from flooding or flood damages.
B.
This Part shall not create liability on the part of Upper Makefield
Township or any officer or employee thereof for any flood damages
that result from reliance on this Part or any administrative decision
lawfully made thereunder.
The Township Zoning Officer is hereby appointed to administer
and enforce this Part and is referred to herein as the "Floodplain
Administrator." In the absence of a designated Floodplain Administrator,
the Floodplain Administrator duties are to be fulfilled by the Township
Manager.
A floodplain permit shall be required before any construction
or development is undertaken within any identified floodplain area
of Upper Makefield Township.
A.
The Floodplain Administrator shall issue a floodplain permit only
after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this and all other
applicable codes and ordinances.
B.
Prior to the issuance of any floodplain permit, the Floodplain Administrator
shall require the applicant to certify that all other necessary government
permits required by state and federal laws have been obtained, such
as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537,
as amended),[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 floodplain permit shall be issued until this certification has
been made.
C.
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are deemed necessary.
D.
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this Part.
E.
In the event the Floodplain Administrator discovers that the work
does not comply with the floodplain permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the floodplain
permit and report such fact to the Board of Supervisors of Upper Makefield
Township for whatever action it considers necessary.
F.
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this Part including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
G.
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning Township participation in the
National Flood Insurance Program.
H.
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in this Part as the Floodplain Administrator.
I.
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
A.
Application for a floodplain permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by Upper Makefield
Township. Such application shall contain, at a minimum, the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the proposed
construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for floodplain
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed floodplain permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
(d)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development;
(e)
The location of all existing streets, drives, and other accessways;
and
(f)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(b)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and floodway area (see § 8-118A) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(c)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE District without floodway (see § 8-118B) when combined with all other existing and anticipated development, will not increase the base flood elevation at any point within the Township.
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of flood proofing
measures which have been incorporated into the design of the structure
and/or the development.
(e)
(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.
A copy of all plans and applications for any proposed construction
or land development in any identified floodplain area to be considered
for approval shall be submitted by the Floodplain Administrator to
any other appropriate agencies and/or individuals (e.g., county conservation
district, planning commission, municipal engineer, etc.) for review
and comment.
After the issuance of a floodplain permit by the Floodplain
Administrator, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Floodplain Administrator. Requests for any such change shall be in
writing, and shall be submitted by the applicant to the Floodplain
Administrator for consideration.
In addition to the floodplain permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the floodplain permit, the date of its issuance, and be
signed by the Floodplain Administrator.
A.
Work on the proposed construction or development shall begin within
180 days after the date of issuance of the development permit. Work
shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire unless a time extension is
granted, in writing, by the Floodplain Administrator. The issuance
of a development permit does not refer to the zoning approval.
B.
The actual start of construction 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 manufacture 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.
C.
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request and the original
permit is compliant with this Part, the Flood Insurance Rate Map,
and Flood Insurance Study in effect at the time the extension is granted.
Applicants for a floodplain permit shall, at the time of making
application, pay to Upper Makefield Township a fee in accordance with
a Fee Schedule adopted by resolution of the Board of Supervisors upon
enactment of this Part or as such schedule may be amended by resolution
of the Board of Supervisors.
A.
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
Part, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this commonwealth;
(5)
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this Part.
B.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this Part or who fails or refuses to
comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a summary offense and, upon conviction, shall pay a fine to Upper
Makefield Township of not less than $300 nor more than $1,000 plus
costs of prosecution. In addition to the above penalties, all other
actions are hereby reserved including an action in equity for the
proper enforcement of this Part. The imposition of a fine or penalty
for any violation of, or noncompliance with this Part shall not excuse
the violation or noncompliance or permit it to continue. All such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in noncompliance with this Part may be declared
by the Board of Supervisors to be a public nuisance and abatable as
such. All remedies shall be considered cumulative.
A.
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
Part, 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.
C.
Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to the Court of Common Pleas of
Bucks County, Pennsylvania, as provided by the laws of this commonwealth,
including the Pennsylvania Flood Plain Management Act.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The identified floodplain area shall consist of the following specific
areas:
(1)
Any areas of Upper Makefield Township, classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, 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.
(2)
For areas abutting streams and watercourses where the one-hundred-year
floodplain (one-percent annual chance flood) has not been delineated
by a Flood Insurance Study, the applicant shall submit a floodplain
identification study. The study prepared by a registered professional
engineer expert in the preparation of hydrologic and hydraulic studies
shall be used to delineate the one-hundred-year floodplain. The floodplain
study shall be subject to the review and approval of Upper Makefield
Township. All areas inundated by the one-hundred-year flood shall
be included in the floodplain area.
B.
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Upper Makefield Township and
declared to be a part of this Part.
The identified floodplain area shall consist of the following
specific areas:
A.
The Floodway District identified as floodway in the FIS and the FIRM
which represents the channel of a watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
any increase in the water surface elevation at any point. This term
shall also include 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 and FIRM.
(1)
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 Township during the occurrence of the base flood discharge.
(2)
No new construction or development shall be allowed, unless the appropriate
permit is obtained from the Department of Environmental Protection
Regional Office.
B.
The AE District shall be those areas adjacent to the floodway and
identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided.
(1)
The AE District 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.
(2)
AE District without 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 but no floodway has been
determined.
(a)
No permit shall be granted for any construction, development,
use, or activity within any AE District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the base flood elevation 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,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
C.
The A District shall be those 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
sources shall be used when available. Where other acceptable information
is not available, the elevation shall be determined by 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 Upper Makefield Township.
D.
For areas adjoining streams, ponds, and lakes not included in the
FIS prepared by FEMA, the applicant shall be required to determine
the elevation and area of the floodplain with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by registered 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. All
areas inundated by the one-hundred-year flood shall be included in
the floodplain area.
The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change within the A District or AE District, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data. See § 8-122B for situations where FEMA notification is required.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Floodplain Administrator
and any party aggrieved by this decision or determination may appeal
to the Zoning Hearing Board. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or
other corporate boundary changes are proposed or have occurred, the
Township shall review flood hazard data affecting the lands subject
to boundary changes. The Township shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
A.
Alteration or relocation of watercourse.
(1)
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.
(2)
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.
(3)
In addition, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or
relocation of any watercourse.
B.
When the Township proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or alteration or relocation of a stream including but not limited to installing culverts and bridges within Identified Floodplain A or AE Districts (refer § 8-118B and C); the applicant shall (as per 44 CFR Part 65.12):
(1)
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
(2)
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, the
Township shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(3)
Upon completion of the proposed encroachments, the Township shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR Part
67.
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this Part and any other applicable
codes, ordinances and regulations.
D.
Within any identified floodplain area (refer to § 8-118), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, except for roads, driveways, trails, and utility crossings where the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
Within any identified floodplain area, any new residential and nonresidential structures or substantial improvements to such residential and nonresidential structures shall be prohibited. If a variance is obtained for new construction or substantial improvements to residential and nonresidential structures in the identified floodplain area in accordance with the criteria in § 8-131, then the following provisions apply:
A.
Residential structures, when permitted pursuant to a variance granted
by the Zoning Hearing Board:
(1)
In the AE District, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)
In the A District, where there are no base flood elevations 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 § 8-118 of this Part.
(3)
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 to 405, as amended) shall be utilized,
where they are more restrictive.
B.
Nonresidential structures, including nonresidential accessory structures,
when permitted pursuant to a variance granted by the Zoning Hearing
Board:
(1)
In the AE District, any new construction or substantial improvement
of a nonresidential structure, including a nonresidential accessory
structure, shall have the lowest floor (including basement) elevated
to, or above, the regulatory flood elevation, or be designed and constructed
so that the space enclosed below the regulatory flood elevation:
(a)
Is floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water;
(b)
Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
Is certified by a registered professional/architect that the
design and methods of construction meet requirements of Title 44,
Section 603, Subpart A, Requirements for Floodplain Management Regulations.
(2)
In the A 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 to, or above, the regulatory flood elevation determined in accordance with § 8-118 of this Part.
(3)
Any nonresidential structure, including any nonresidential accessory
structure, or part thereof, made watertight below the regulatory flood
elevation shall be floodproofed 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.
(4)
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 to 405, as amended) shall be utilized,
where they are more restrictive.
C.
Space below the lowest floor.
(1)
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 but does
not include basements.
(2)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
D.
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Part, must comply with all Part requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific Part requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from Part requirements shall be obtained from the Zoning Hearing Board in accordance with the criteria set forth in § 8-130 and will be the minimum necessary to preserve the historic character and design of the structure.
E.
Residential accessory structures. Structures accessory to a principal
residential 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 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 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; and
(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 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.
(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 minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A.
Within any identified floodplain area, the use of fill shall be prohibited and no variance shall be granted, except as provided in Subsection A(1) below.
[Amended 3-21-2017 by Ord. No. 314; 6-19-2018 by Ord. No. 320]
(1)
Fill
may be used in connection with the construction of permitted bridges,
road crossings, culverts and similar construction ("permitted construction")
as approved by the Township Engineer. The permitted construction shall
be designed so that there is no change in the existing flood elevation
at the upstream property line, provided that:
(a)
The extent of fill shall be limited to the minimum dimensions required
to effect permitted construction as approved by the Floodplain Administrator;
(b)
Fill shall consist of soil or small rock materials only; clean fill
and sanitary landfills are prohibited;
(c)
Fill shall be compacted to provide the necessary permeability and
resistance to erosion, scouring, or setting;
(d)
Fill shall be no steeper than one vertical to two horizontal feet
unless substantiated data justifying steeper slopes are submitted
to, and approved by the Floodplain Administrator; and
(e)
The use of fill shall not adversely affect adjacent properties.
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.
C.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste 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.
(4)
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code," shall be utilized.
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 no less
than one foot above the base 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 § 8-125, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
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 "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.) used at or below
the regulatory flood elevation 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.
N.
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 to 405), as amended, and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this Part, to the extent that they are more restrictive
and supplement the requirements of this Part:
[Amended 3-21-2017 by Ord. No. 314]
Within any identified floodplain area, any structure of the
kind described in Subsection A, below, shall be prohibited. No variance
shall be granted.
A.
In accordance with the Pennsylvania Flood Plain Management Act,[1] 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 dangerous materials or substances listed below
on the premises; or will be used for any activity requiring the maintenance
of a supply of more than 300 gallons, or other comparable volume,
of any of the following dangerous materials or substances listed below
on the premises; or will involve the production, storage, or use of
any amount of radioactive substances shall be prohibited.
(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 and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
All subdivision proposals and development proposals in Identified Floodplain A District and Township identified flood hazard areas (refer to § 8-118C and D), 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.
A.
Within any identified floodplain area, manufactured homes shall be prohibited unless permitted pursuant to a variance granted by the Zoning Hearing Board in accordance with the criteria set forth in § 8-131 of this Part.
B.
Where permitted within any identified floodplain area pursuant to
a variance granted by the Zoning Hearing Board, all manufactured homes,
and any improvements thereto, shall be:
(1)
Placed on a permanent foundation;
(2)
Elevated so that the lowest floor of the manufactured home is at
least 1 1/2 feet above base flood elevation;
(3)
Anchored to resist flotation, collapse, or lateral movement; and
(4)
Have all duct work and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
C.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code, Chapters 401 to 405,
shall apply.
D.
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended, where appropriate, and/or applicable
to units where the manufacturers' standards for anchoring cannot
be provided or were not established for the proposed unit(s) installation.
[Amended 3-21-2017 by Ord. No. 314]
The storage of recreational vehicles shall be prohibited within
any identified floodplain area. No variance shall be granted.
In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[1] the commencement of the following activities; or the construction,
enlargement, or expansion of any structure used, or intended to be
used, for any of the following activities shall be prohibited within
any identified floodplain area of Upper Makefield Township:
A.
Hospitals.
B.
Nursing homes.
C.
Jails or prisons.
D.
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.
A.
The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 8-131 of this Part shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any Floodway District that would cause any increase in the
base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed
within AE District without floodway that would, together with all
other existing and anticipated development, increase the base flood
elevation at any point.
(3)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 25% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this Part.
(4)
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC.
(5)
Within any Floodway District (see § 8-118A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(6)
Within any AE District Without Floodway (see § 8-118B), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(7)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
25% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
A.
General. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Part inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance from the provisions of this Part, provided that all of the findings set forth in Subsection B(5) are made where relevant in a given case.
B.
Variance procedures and conditions. The Zoning Hearing Board shall
consider requests for variances from the provisions of this Part in
accordance with the requirements contained in the National Flood Insurance
Program Requirements for Floodplain Management Regulations, 44 CFR
60.6, the Pennsylvania Municipalities Planning Code, 53 P.S. § 10910.2,
and the express requirements set forth below:
(1)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the base flood elevations.
(2)
No variance shall be granted for any construction, development, use,
or activity within any AE District without floodway that would, together
with all other existing and anticipated development, increase the
base flood elevation at any point.
(4)
In granting any variance, the Zoning Hearing Board may attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this Part.
(6)
The Zoning Hearing Board may grant a variance from the provisions
of this Part upon a showing of unnecessary hardship by the applicant
and provided that all of the following findings are made where relevant
in a given case:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this Part in the neighborhood or district
in which the property is located;
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this Part and that the authorization of a variance
is therefore necessary to enable the reasonable use of the property;
(c)
That such unnecessary hardship has not been created by the applicant;
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially and permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare;
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
of the regulation in issue;
(f)
That the variance, if authorized, will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense; and
(g)
That the variance, if authorized, will not create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
(7)
A complete record of all variance requests and related actions shall
be maintained by Upper Makefield Township. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
C.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
A.
Unless specifically defined below, words and phrases used in this
Part shall be interpreted so as to give this Part its most reasonable
application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BOARD
BUILDING
CONSTRUCTION (NEW)
DEVELOPMENT
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 ADMINISTRATOR
FLOODPLAIN AREA (FLOODPLAIN)
FLOODPLAIN VIOLATION
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED (MOBILE) HOME
MANUFACTURED (MOBILE) HOME PARK OR SUBDIVISION (NEW)
MANUFACTURED (MOBILE) HOME PARK OR SUBDIVISION (EXISTING)
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
TOWNSHIP
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
ZONING HEARING BOARD
As used in this Part, the following terms shall have the meanings
indicated:
A use or structure on the same lot with, and of 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"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, 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.
Any area of the building having its floor below ground level
on all sides.
The Board of Supervisors of Upper Makefield Township.
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.
Structures for which the start of construction commenced
on or after March 16, 2015, the effective date of the floodplain regulation
adopted by Upper Makefield Township, and includes any subsequent improvements
to such structures. Any construction started after October 17, 1978,
and before March 16, 2015, is subject to the ordinance in effect at
the time the permit was issued, provided that start of construction
was within 180 days of permit issuance.
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 paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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 the Township.
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 hazards and
the risk premium zones applicable to the Township.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
Person appointed by the Board of Supervisors of Upper Makefield
Township to administer and enforce this Part.
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 failure of a structure or other development to be fully
compliant with the Township'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.
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.
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.
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 Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
This term is an umbrella term that includes all of the areas within which the Township has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the Township. See §§ 8-117 and 8-118 for the specifics on what areas the Township has included in the identified floodplain area.
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 Part.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A manufactured (mobile) home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured (mobile) homes are to be affixed (including, at minimum,
the installation of the utilities, the construction of streets, and
either final site grading for the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations
adopted by the Township.
A manufactured (mobile) home park or subdivision for which
the construction of facilities for servicing the lots on which the
manufactured (mobile) 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 Upper Makefield Township.[1]
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 December 31, 1974, or on or after the Township's
initial Flood Insurance Rate Map (FIRM) dated October 17, 1978, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated October 17, 1978, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
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;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
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.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufacture home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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 25% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 25% 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 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.
Upper Makefield Township.
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.
A grant of relief by the Zoning Hearing Board from the terms
of a floodplain management regulation.
The failure of a structure or other development to be fully
compliant with the Township'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.
The Zoning Hearing Board of Upper Makefield Township.
[1]
Editor’s Note: The former definition of “minor
repair,” which immediately followed this definition, was repealed
3-21-2017 by Ord. No. 314.
This Part shall become effective on March 16, 2015, and shall
remain in force until modified, amended or rescinded by Upper Makefield
Township, Bucks County, Pennsylvania.