[Ord. 88-7, 5/12/1988]
1.
The purpose of these provisions is to set forth, by separate ordinance,
zoning related flood plain management regulations deemed necessary
to prevent the loss of property and life, the creation of health and
safety hazards, 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 flood-prone areas to be protected and/or flood-proofed against
flooding and flood damage; and
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
2.
These provisions shall apply to all lands within the jurisdiction
of Hummelstown Borough and identified as being subject to the one-hundred-year
flood in the Flood Insurance Study (FIS) prepared for the Borough
by the Federal Insurance Administration (FIA) dated September 1976
and located within the boundaries of any identified flood plain district.
3.
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 Part and any other applicable ordinances and regulations which
apply to uses within the jurisdiction of this chapter.
4.
The degree of flood protection sought by the provisions of this Part
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 chapter
does not imply that areas outside the Identified Flood Plain Districts,
or that land uses permitted within such districts will be free from
flooding or flood damages. Further, these provisions shall not create
liability on the part of Hummelstown Borough or any officer or employee
thereof for any flood damages that result from reliance on these provisions
or any administrative decision lawfully made thereunder.
[Ord. 88-7, 5/12/1988]
1.
Basis of Flood Districts. For the purposes of this chapter, the various
flood plain districts shall include those areas identified as being
subject to the one-hundred-year flood in the Flood Insurance Study
(FIS) prepared for Hummelstown Borough by the Federal Insurance Administration
(FIA) dated September 1976.
2.
Delineation of Flood Districts.
A.
The Floodway District (FW) is delineated for purposes of this chapter
using the criteria that a certain area within the flood plain must
be capable of carrying the waters of the one-hundred-year flood without
increasing the water surface elevation of that flood more than one
foot at any point. The areas included in the Floodway District are
specifically defined in the Floodway Data Table contained in the above
referenced FIS and shown on the accompanying Flood Hazard Boundary
and Floodway Map, as revised.
B.
The Flood-Fringe District (FF) shall be that area of the one-hundred-year
flood plain not included in the Floodway District (FW) - The basis
for the outermost boundary of this District shall be the one-hundred-year
flood elevations contained in the flood profiles of the above-referenced
FIS and as shown on the accompanying Flood Hazard Boundary and Floodway
Maps.
3.
Overlay Concept.
A.
The Flood Plain Districts described above shall be overlays to the
existing underlying districts as shown on the Official Zoning Map,
and as such, the provisions for the Flood Plain Districts shall serve
as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or
requirements of any of the Flood Plain provisions or requirements
of any of the Flood Plain Districts and those of any underlying district,
the more restrictive provisions shall apply.
5.
Flood District Boundary Changes. The delineation of any of the Flood
Plain Districts may be revised by the Hummelstown Borough Council
where natural or man-made changes have occurred and/or more detailed
studies conducted or undertaken by the U.S. Army Corps of Engineers.
Susquehanna River Basin Commission, or other qualified agency or individual
documents the need or possibility for such change. However, prior
to any such change, approval must be obtained from the Federal Insurance
Administration (FIA).
[Ord. 88-7, 5/12/1988]
1.
Introduction.
A.
All uses, activities, and development occurring within any Flood Plain District shall be undertaken, only, in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Hummelstown Borough Building Construction Ordinance (Chapter 5) and the Hummelstown Borough Land Subdivision Ordinance (Chapter 22).
B.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
water-course, drainage ditch, or any other drainage facility or system.
C.
Prior to any proposed alteration or relocation of any stream, water-course,
etc., within the municipality, a permit shall be obtained from the
Department of Environmental Resources, Bureau of Dams and Waterway
Management. Further, notification of the proposal shall be given to
all affected adjacent municipalities. Copies of such notifications
shall be forwarded to both the Federal Insurance Administration and
the Pennsylvania Department of Community Affairs.
2.
Floodway District (FW). In the Floodway District (FW), any new construction
and/or development that would cause any increase in flood heights
shall be prohibited.
A.
Permitted Uses. In the Floodway District (FW), the following uses
and activities are permitted provided they are in compliance with
the provisions of the underlying district and are not prohibited by
any other Part and provided that they do not require structures, fill,
or storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting;
(2)
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, and hunting and fishing
areas;
(3)
Accessory residential uses such as yard areas, gardens, play
areas, and pervious parking area; and
(4)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, etc.
B.
Uses Permitted by Special Exception. The following uses and activities
may be permitted by Special Exception provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other chapter:
(2)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipe lines, water and sewage
treatment plants, and other similar or related uses;
(3)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.;
(4)
Temporary uses such as circuses, carnivals, and similar activities;
(5)
Storage of materials and equipment provided that they are not
buoyant, flammable or explosive, and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning; and
(6)
Other similar uses and activities provided they cause no increase
in flood heights and/or velocities. All use, activities and structural
development, shall be undertaken in strict compliance with the flood
proofing provisions contained in all other applicable codes and ordinances.
C.
Uses Specifically Prohibited. The following uses shall be specifically
prohibited if located partially or entirely within any identified
Floodway District (FW):
3.
Flood-Fringe District (FF).
A.
Permitted Uses. In the Flood-Fringe District (FF), 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
flood proofing and related provisions contained in all other applicable
codes and ordinances.
[Ord. 88-7, 5/12/1988]
1.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Flood Plain Management Act (Act
166), as amended, and the regulations adopted by the Pennsylvania
Department of Community Affairs 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 or 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.
C.
D.
Any such structure, or part thereof, that will be built below the
Regulatory Flood Elevation shall be designed and constructed in accordance
with the standards for completely dry flood proofing contained in
the publication "Flood Proofing Regulations" (U.S. Army Corps of Engineers,
June 1972), or with some other equivalent watertight standard.
2.
Special Requirements for Manufactured Homes.
A.
Within any Floodway District (FW), manufactured homes shall be prohibited.
B.
Where permitted within any Flood-Fringe District, all manufactured
homes and any additions thereto shall be:
(1)
Anchored to resist flotation, collapse, or lateral movement
by providing over-the-top and frame ties to ground anchors in accordance
with the American National Standards as specified in the Standard
for the Installation of Manufactured Homes including Manufactured
Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975) as amended,
for Manufactured Homes in Hurricane Zones or other appropriate standards
such as the following:
(a)
Over-the-top ties shall be provided at each of the four corners
of the manufactured home, with two additional ties per side at intermediate
locations for units 50 feet or more in length, and one additional
tie per side for units less than 50 feet in length;
(b)
Frame ties shall be provided at each corner of the manufactured
home, with five additional ties per side at intermediate locations
for units 50 feet or more in length, and four additional ties per
side for units less than 50 feet in length; and
(c)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(2)
Elevated on a permanent foundation in accordance with the following
requirements:
(a)
The stands or lots shall be elevated on compacted fill, or on
pilings so that the lowest floor of the manufactured home will be
1 1/2 feet or more above the one-hundred-year flood elevation.
(b)
Adequate surface drainage is provided.
(c)
Adequate access for a hauler is provided.
(d)
Where pilings are used for elevation, the lots shall be large
enough to permit steps; piling foundations shall be placed in stable
soil no more than 10 feet apart; reinforcement shall be provided for
pilings that will extend for six feet or more above the ground level.
(e)
An evacuation plan indicating alternate vehicular access and
escape routes shall be filed with the appropriate Borough officials
for manufactured home parks.
[Ord. 88-7, 5/12/1988]
1.
A structure or use of a structure or premises which lawfully existed
before the enactment of this chapter, but which is not in conformity
with this chapter may be continued subject to the following conditions:
A.
No expansion or enlargement of an existing structure and/or use shall
be allowed within any floodway district that would cause any increase
in flood heights.
B.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure and/or use 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 chapter.
C.
Any modifications, alteration, reconstruction, or improvement of
any kind to an existing structure and/or use to an extent or amount
of less than 50% of its market value, shall be elevated and/or flood
proofed to the greatest extent possible.
[Ord. 88-7, 5/12/1988]
1.
Review Factors. In passing upon applications for Special Exceptions,
the Zoning Hearing Board shall consider all relevant factors and procedures
specific in other sections of the Zoning Chapter and:
A.
The danger to life and property due to increased flood elevations
or velocities caused by encroachments.
B.
The danger that materials may be swept onto 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
flood plain management program for the area.
J.
The safety of access to the property in time of flood of ordinary
and emergency vehicles.
2.
Supplemental Technical Review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a special exception to any engineer or other qualified persons
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.
3.
Conditions For Approving Special Exceptions.
A.
Special exceptions shall only be issued after the Zoning Hearing
Board has determined that the granting of such will not result in:
B.
No special exception shall be granted for any proposed use, development,
or activity within any floodway district (FW) that will cause any
increase in flood elevations.
[Ord. 88-7, 5/12/1988]
1.
General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship for a prospective builder,
developer, or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
2.
Variance Procedures and Requirements. Requests for variances shall
be considered by the Zoning Hearing Board in accordance with the following:
A.
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
C.
If granted, a variance shall involve only the least modification
necessary to provide relief.
D.
In granting any variance, the Zoning Hearing Board shall 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 chapter.
F.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, but not be limited to the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood elevations, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on, or victimization of the public or conflict with any other
applicable local or state ordinance and regulations.
(5)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
G.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to the Federal Insurance Administration.
[Ord. 88-7, 5/12/1988]
1.
A building permit shall be required for all construction and development
within any Flood Plain District, which shall include, but not be limited
to, buildings or other structures, paving, grading, filling, excavation,
mining, dredging, or drilling activities.
2.
Issuance of Building Permits.
A.
The Zoning Officer shall issue a Building 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 Building Permit, the Zoning Officer
shall review the application for permit to determine if all other
necessary governmental permits required by state and federal laws
have been obtained, such as those required by the Pennsylvania Sewage
Facilities Act (Act 1966537, as amended); the Dam Safety and Encroachments
Act (Act 1978-325, as amended); the U.S. Clean Water Act, Section
404, 33, U.S.C. § 1334: and the Pennsylvania Clean Streams
Act (Act 1937-394, as amended). No permit shall be issued until this
determination has been made.
C.
No encroachment, alteration, or improvement of any kind shall be
made to any water-course until all adjacent municipalities which may
be affected by such action have been notified by the Borough and until
all required permits or approvals have been first obtained from the
Pennsylvania Department of Environmental Resources, Bureau of Dams
and Waterway Management.
|
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community Affairs, Bureau of Community Planning, shall
be notified by the Borough prior to any alteration or relocation of
any water-course.
|
3.
Application Procedure and Requirements. In addition to the information
and documentation ordinarily required for Building Permits, applicants
shall also include the following specific information along with any
application for construction or development within any flood plain
district:
A.
If any proposed construction or development is located entirely or
partially within any identified flood plain district, applicants for
Building Permits shall provide all the necessary information in sufficient
detail and clarity to enable the Zoning Officer 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; and
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
B.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Zoning Officer
to make the above determination:
(1)
A completed Building Permit Applicant 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 of water-courses,
identified flood plain 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:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood and
(d)
Detailed information concerning any proposed flood proofing
measures.
(4)
The following data and documentation:
(a)
When any part of a proposed structure or a substantial improvement
to an existing structure is to be built below the elevation of the
one-hundred-year flood, the applicant must submit a document, certified
by a registered professional engineer or architect, which states that
the proposed construction has been adequately designed to withstand
the one-hundred-year flood elevations, pressures, velocities, impact
and uplift forces associated with the one-hundred-year flood.
|
Such statement shall include a description of flood proofing
measures which have been incorporated into the design of the structure
and/or the development.
|
(b)
(c)
The appropriate component of the Pennsylvania Department of
Environmental Resources' "Planning Module for Land Development."
(d)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Pennsylvania Department of Environmental Resources,
to implement and maintain erosion and sedimentation control.
4.
Review by County Conservation District.
A.
A copy of all applications and plans for any proposed construction
or development in any flood plain district to be considered for approval
shall be submitted by the Zoning Officer to the Dauphin County Conservation
District for review and comment prior to the issuance of a building
permit. The recommendations of the Conservation District shall be
considered by the Zoning Officer for possible incorporation into the
proposed plan.
5.
Review of Application by Others.
A.
A copy of all plans and application for any proposed construction
or development in any flood plain district to be considered for approval
may be submitted by the Zoning Officer to any other appropriate agencies
and/or individuals (e.g. planning commission, Borough engineer, etc.)
for review and comment.
[Ord. 88-7, 5/12/1988]
In order to prevent excessive damage to buildings and structures
due to flooding, the following provisions shall apply to all proposed
construction or development occurring in any of the flood plain districts
identified in the Borough Zoning Chapter, as amended:
1.
Residential Structures.
A.
Within any Floodway (FW) or Flood-Fringe (FF) District, the lowest
floor (including basement) of any new construction of, or substantial
improvement to residential structures shall be at least 1 1/2
feet above the one-hundred-year flood elevation.
2.
Nonresidential Structures.
A.
Within any Floodway (FW) or Flood-Fringe (FF) District, the lowest
floor (including basement) of any new construction of, or substantial
improvement to nonresidential structures shall be at least 1 1/2
feet above the one-hundred-year flood elevation or be designed and
constructed so that the space enclosed by such structures remain either
completely or essential dry during any flood up to the height.
B.
Any nonresidential structure, or part thereof, which will not be
completely or adequately elevated, shall be designed and constructed
to be completely or essentially dry in accordance with the standards
contained in the publication entitled "Flood Proofing Regulations"
(U.S. Army Corps of Engineers, June 1972), or some other equivalent
standard for that type of construction.
3.
General Design and Construction Standards. The following minimum
standards shall apply for all construction and development proposed
to be undertaken within any identified flood plain district:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points;
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(3)
Be compacted to provide necessary permeability and resistance
to erosion, scouring, or settling;
(4)
Be no steeper than one vertical to two horizontal, unless substantiated
data, justifying steeper slopes are submitted to, and approved by
the Zoning Officer; and
(5)
To be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage. Storm drainage facilities shall be designed to convey the
flow of storm water runoff in a safe and efficient manner. The system
shall insure 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 and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of flood waters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
(3)
No part of any on-site sewage system shall be located within
any identified flood plain district, except in strict compliance with
all state and local regulations for such systems. If any such system
is permitted, it shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
D.
Other Utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more
than one foot below the Regulatory 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 § 27-1504, Subsection 1, Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood Elevation and/or flood-proofed 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 flood water.
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 or other finishes used at or below the Regulatory Flood
Elevation shall be of a "marine" or water-resistant quality.
(2)
Adhesives used at or below the Regulatory Flood Elevation shall
be of a "marine" or water-resistant quality.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or water-resistant paint or other finishing
material.
L.
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical, or utility equipment or apparatus
shall not be located below the Regulatory Flood Elevation.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed
to prevent the infiltration of flood waters into the system and discharges
from the system into the flood waters. Additional provisions shall
be made for the drainage of these systems in the event that flood
water infiltration occurs.
