[Ord. 3/1/1978, 3/1/1978, § 701]
1.
Findings of Fact.
A.
The flood hazard areas of Lower Oxford Township are subject to periodic
inundation which results in loss of property, loss of life, damage
to structures, injury to people, disruption of public and private
activities and services, burdensome public expenditures for flood
protection relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
C.
This Part 13 is based upon and is consistent with the objectives
and the intent of the Comprehensive Plan of Lower Oxford Township.
2.
Statement of Purpose. It is the purpose of this Part 13 to promote the public health, safety and general welfare and to minimize those losses described in Subsection 1 of this § 27-1300 by provisions designed to:
A.
Regulate or prevent the erection of buildings and other structures
in areas unfit for development by reason of periodic flooding.
B.
Protect public health by preventing pollution of surface and subsurface
water supplies and providing surface area to absorb and retain runoff
for maintenance of the subsurface water supply.
C.
Protect public safety by preserving natural floodplains and valley
flats which are subject to periodic flooding in order (1) to prevent
the increase in flood volume and rate of flow which results from covering
the floodplains with impervious surfaces and from constricting natural
drainage channels and (2) to provide areas for the deposition of sediment.
D.
Prevent added downstream damage from increased flood volume and rate
of flow and to permit uses of the floodplain compatible with the preservation
of natural conditions and the maintenance of the stream flow throughout
the year; and
E.
Minimize the financial burden imposed on the community, its governmental
bodies, and individuals by floods.
[Ord. 3/1/1978, 3/1/1978; as added by Ord. --/--/1985, --/--/1985;
as amended by Ord. 5-96, 11/13/1996; and by Ord. 2-2006, 11/8/2006]
1.
Identification of Floodplain Areas. The identified floodplain area
shall be any area of the Township of Lower Oxford, Chester County,
subject to the one-hundred-year flood, which is identified as "Zone
A" in the Flood Insurance Study (FIS) dated September 29, 2006, and
the accompanying maps as prepared for Lower Oxford 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.
Determination of the One-Hundred-Year Flood Elevation. For the purpose of this Chapter 27, the one-hundred-year Flood Elevation shall be used as the basis for regulation. When available, information from other federal, state or other acceptable sources shall be used to determine a floodway area. To determine the one-hundred-year Flood Elevation, the elevation at a given point on the boundary of the identified floodplain area which is nearest the construction site in question will be used. In helping to make this necessary elevation determination, other sources of data, where available, shall be used such as:
A.
Corps of Engineers - Floodplain Information Reports.
B.
U.S. Geological Survey - Flood Prone Quadrangles.
C.
U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial
Soils) or P.L. 566 Flood Information.
D.
Pennsylvania Department of Environmental Resources - Flood Control
Investigations.
E.
Known high -water marks from past floods.
F.
Other sources.
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In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
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3.
Changes in Identification of 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 revisions. However, prior to any such changes, approval
must be obtained from the Federal Emergency Management Agency (FEMA).
4.
Overlay Concept.
A.
The Floodplain District described above shall be overlays to the
existing underlying districts as shown on the Official Zoning Map,
and as such, the provisions for the Floodplain District 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 Floodplain Districts and those of any underlying
district, the more restrictive provisions shall apply.
5.
Zoning Map. The boundaries of the Floodplain District are established as shown on the Official Zoning Map of the Township which is declared to be a part of this Chapter 27 and which shall be kept at the Township office.
6.
District Provisions.
A.
All uses, activities, and development occurring within any floodplain district shall be undertaken, only in strict compliance with the provisions of this Chapter 27 and with all other applicable codes and ordinances such as the Township Building Code and Chapter 22, "Subdivision and Land Development." The Township shall review all requests for development to determine if all other governmental permits, such as those required by federal, state, county, and municipal laws, have been obtained including, but not limited to, those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit, special exception or variance shall be issued until this additional permit documentation has been obtained.
B.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
C.
Prior to any proposed alteration (crossings, dams or impoundments)
or relocation of any stream, watercourse, etc., within the Township,
a permit shall be obtained from the Department of Environmental Protection,
Regional Office. Further, notification of the proposal shall be given
to all affected adjacent municipalities. Copies of such notifications
shall be forwarded to both the Federal Emergency Management Agency
(FEMA) and the Department of Community and Economic Development.
D.
In the Floodplain District any new construction and/or development
that would cause any increase in the one-hundred-year flood heights
shall be prohibited.
E.
Permitted Uses. The following uses are permitted in an area designated
as a floodplain and no others, provided they are in compliance with
the provisions of the underlying district and are not prohibited by
any other ordinance and provided that they do not require structures,
fill, or storage of materials and equipment:
(1)
Agricultural uses such as: general farming, pasture, orchard,
grazing, outdoor plant nurseries, truck farming, forestry, and wild
crop harvesting.
(2)
Recreation uses such as: park, camp, picnic grounds, golf course,
golf driving range, archery and shooting ranges, hiking and riding
trails, hunting and fishing areas, game farm, fish hatchery, wildlife
sanctuary, nature preserve and swimming areas.
(3)
Permeable parking areas and roads to serve other permitted uses
in the Flood Hazard District, or where required by the regulations
for any contiguous district.
F.
Special Exception. The following uses are permitted only upon the
granting of a special exception by the Zoning Hearing Board, in accordance
with §§ 908 and 913 of the Pennsylvania Municipalities
Planning Code, as amended, 53 P.S. §§ 10908, 10913,
and upon the condition that no use permitted as a special exception
shall increase the elevation of the one-hundred-year frequency flood.
(1)
Accessory uses customarily incidental to any of the foregoing
permitted uses.
(2)
Circuses, festivals, and similar transient amusement enterprise.
(3)
Roadside stands and signs.
(4)
Railroads, roads, bridges, and utility transmission lines.
(5)
Sealed water supply wells and water pipelines.
(6)
Storm and sanitary sewer outlets, which shall take the shortest
route across the District to the point of discharge.
(7)
Grading and fill provided that the effect is not to alter substantially
the cross-sectional profile of the stream basin at the point of the
proposed use.
(8)
Dams and impoundment basins where approved by appropriate private
public agencies.
(9)
Single-family residences, where the property will not otherwise
yield a reasonable return because of specific circumstances of topography,
lot size, or lot shape, in any part of the District not having alluvial
soils.
G.
Administration of Special Exceptions.
(1)
Special Exception Procedures. Upon receiving an application
for a special exception permit, the Zoning Hearing Board shall, prior
to rendering a decision thereon, require the applicant to furnish
such of the following material as is deemed necessary by the Board:
(a)
Plans in triplicate drawn to scale showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses;
photographs showing existing and proposed uses and vegetation, soil
types and other pertinent information.
(b)
A series of cross-sections at twenty-five foot intervals along
the lot shoreline, showing the stream channel or the lake or pond
bottom, and elevation of adjoining land areas, to be occupied by the
proposed uses, and high water information.
(c)
Profile showing the slope of the bottom of the channel, lake
or pond.
(d)
Specifications for building materials and construction, flood
proofing, filling, dredging, grading, storage, water supply, and sanitary
facilities.
(e)
Computation of the increase, if any, in height of flood stages
which would be attributable to any proposed uses.
(2)
Consultation by the Zoning Hearing Board. In considering any
application for a special exception, the Zoning Hearing Board shall
consult with the Board of Supervisors of Lower Oxford Township, the
Planning Commission of Lower Oxford Township, the Lower Oxford Township
Engineer, and other technical experts to determine the extent to which
the proposed use would (A) diminish the capacity of the flood hazard
area to store and absorb flood waters, to moderate flood velocities,
and to accommodate sediment; (B) be subject to flood damage; and,
(C) cause erosion and impair the amenity of the flood hazard area.
In proceedings before the Zoning Hearing Board, the burden of proof
shall be on the applicant to show that the use will be in general
conformity with the objectives of this Part and that proper safeguards
will be observed.
(3)
Factors to be Considered by the Zoning Hearing Board. In passing
upon each application, the Zoning Hearing Board shall consider:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation systems, and the ability
of these systems to avoid causing disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
(e)
The importance of the proposed use to the community.
(f)
The requirements of the use for a water front location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing and foreseeable
nearby use.
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood water expected at the site.
(4)
Conditions. Upon consideration of the factors listed above, and the purposes of this Chapter 27, the Zoning Hearing Board may attach such conditions to the granting of a special exception permit as it deems necessary to further the purposes of this Part 13. Among such conditions, without limitation because of specific enumeration, may be included:
(a)
Modification of waste disposal and water supply facilities.
(b)
Limitations on periods of use and operation.
(c)
Impositions of operational controls, sureties and deed restrictions.
(d)
Floodproofing measures such as the following, without limitation
because of specific enumeration:
(i)
Anchorage to resist flotation and lateral movement.
(ii)
Installation of watertight doors, bulkheads and
shutters.
(iii)
Reinforcement of walls to resist water pressures.
(iv)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(v)
Addition of mass or weight to structures to resist
flotation.
(vi)
Installation of pumps to lower water levels in
structures.
(vii)
Construction of water supply and waste treatment
systems so as to prevent the entrance of flood waters.
(viii)
Pumping facilities for subsurface external foundation
wall and basement floor pressures.
(ix)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(x)
Cut-off valves on sewer lines, or the elimination
of gravity flow basement drains.
(xi)
Elevation of structures to reduce likelihood of
flood damage.
(5)
New structures or substantial improvements to existing structures
shall be required to comply with all applicable requirements of the
National Flood Insurance Program regulations (Section 60.3 and b),
including elevation, floodproofing and anchoring.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space," also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
(i)
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
(ii)
The bottom of all openings shall be no higher
than one foot above grade.
(iii)
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exist of floodwaters.
(c)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401-405, as amended) and the 2003 IRC (Sections R323.2.2
and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2
and 1203.3.3).
H.
Variances. If granted, a variance shall involve only the least modification
necessary to provide relief. If it should become necessary to grant
any variance, the applicant shall be required to comply with all applicable
requirements of the National Flood Insurance Program Regulations (60.3a
and b), including the requirements for elevation, floodproofing and
anchoring. The applicant must also comply with any other requirements
considered necessary by the Zoning Hearing Board.
(1)
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 27.
(3)
Within any floodplain area, no variance shall be granted for:
(b)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
(c)
Any new or substantially improved structure which will be used
for the production or storage of any of the following dangerous 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) or any of the following
dangerous materials or substances on the premises:
(i)
Acetone.
(ii)
Ammonia.
(iii)
Benzene.
(iv)
Calcium carbide.
(v)
Carbon disulfide.
(vi)
Celluloid.
(vii)
Chlorine.
(viii)
Hydrochloric acid.
(ix)
Hydrocyanic acid.
(x)
Magnesium.
(xi)
Nitric acid and oxides of nitrogen.
(xii)
Petroleum products (gasoline, fuel oil, etc.).
(xiii)
Phosphorus.
(xiv)
Potassium.
(xv)
Sodium.
(xvi)
Sulphur and sulphur products.
(xvii)
Pesticides (including insecticides, fungicides,
and rodenticides).
(xviii)
Radioactive substances, insofar as such substances
are not otherwise regulated.
I.
Administration of Variances. In reviewing any request for a variance,
the Board shall consider, at a minimum, 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 (a) neither result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense, (b) nor
create nuisances, cause fraud on, or victimize the public, or conflict
with any other applicable state or local ordinances and regulations.
(4)
No variance shall be granted for any development within the
floodway area that would cause any increase in the elevation of the
one-hundred-year flood.
J.
A complete record of all variance requests and related actions shall
be maintained by the Board. In addition, a report of all variances
granted during the year shall be included in the Annual Report to
the Federal Emergency Management Agency.
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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.
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7.
Existing Structures in Floodplain Districts. A structure or use of
a structure or premises which lawfully existed before the enactment
of these provisions, but which is not in conformity with these provisions
may be continued subject to the following conditions:
A.
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 27.
B.
Any modification, 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 floodproofed
to the greatest extent possible.
C.
No expansion or enlargement of an existing structure or use shall
be allowed within any floodplain area that would cause any increase
in the elevation of the one-hundred-year flood.
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The above activity shall also address the requirements of the
34 Pa. Code, Chapters 401-405, as amended, and the 2003 IBC (Sections
3402.1 and 1612.4) and the 2003 IRC (Sections R105.3.1.1 and 323.1.4).
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D.
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this Chapter 27.
E.
The requirements of 34 Pa. Code, Chapters 401-405, as amended and
the 2003 IRC (Sections R102.7.1, R105.3.1, R105.3.1.1 and Appendices
E and J), or the latest revision thereof, and the 2003 IBC (Sections
101.3, 3403.1) and conjunction with the provisions of this section.
8.
BASEMENT
COMPLETELY DRY SPACE
CONSTRUCTION
DEVELOPMENT
ESSENTIALLY DRY SPACE
FLOOD
FLOOD FRINGE
FLOODPLAIN
FLOODPROOFING
FLOODWAY
HISTORIC STRUCTURE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
Definitions. For the purpose of this § 27-1301, the following definitions shall be added:
Deemed to include only those areas of a building having its
floor below ground level on all sides.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
Any man-made change to improved or unimproved real estate
including, but not limited to, construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets, and other paving, utilities,
filling, grading, excavation, mining, dredging, or drilling operations
and the subdivision of land, or the storage of materials or equipment.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
(1) A relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation;
(2) an area subject to the unusual and rapid accumulation of runoff
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Chapter 27 the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
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(i)
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Listed individually in the National Register of Historic Places
as maintained by the U.S. Department of Interior or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for such listing; or,
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(ii)
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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 such; or,
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(iii)
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Individually listed on the commonwealth's inventory of
historic places maintained by the Historic and Museum Commission;
or,
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(iv)
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Individually listed on a local inventory of historic places
if any such list is established by the Township and certified by the
United States Government or the Commonwealth of Pennsylvania as such.
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The lower 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 Chapter 27.
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. 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 parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after September 5, 1978, and includes any subsequent improvements
thereto.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
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 vehicle which is (i) built on a single chassis; (ii) not
more than 400 square feet, measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; (iv) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonable use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Flood related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the replacement cost of the structure
before the damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 30% of the market value of the
structure either before the improvement or repair is started, or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
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(i)
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Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or,
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(ii)
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Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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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 commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
