Chapter 27 - Part 4 - F-P, Floodplain
PART 4
F-P, FLOODPLAIN
§401. GENERAL PROVISIONS.
1. Purpose. The purpose of these provisions is 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 development that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.
D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2. Applicability. These provisions shall apply to all lands within the jurisdiction of Hampden Township and shown on the Official Zoning Map as being located within the boundaries of any floodplain area determined by the Federal Emergency Management Agency (FEMA) and approved by the Township Commissioners. [Ord. 93-10]
3. Compliance. No structure or land shall hereinafter 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 Chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Chapter.
4. Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Chapter 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 manmade or natural causes such as ice jams and bridge openings restricted by debris. This Chapter does not imply that land outside the floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.
5. This Part shall not create liability on the part of Hampden 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.
6. Abrogation and Greater Restrictions. 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.
(Ord. 84?2, 3/29/1984, §400; as amended by Ord. 93-10, 6/1/1993, §2; and by Ord. 09-07, 04/02/2009, §1(A)).
§402. ESTABLISHMENT OF FLOOD ZONING AREAS.
1. Description of Areas.
A. Basis of Flood Areas. The identified floodplain areas shall be those areas of the Township of Hampden which are subject to the 100 year flood as identified in the Flood Insurance Study (FIS) prepared for said Township by the Federal Emergency Management Agency (FEMA) dated March 16, 2009, and any subsequent revisions thereof. [Ord. 09-05]
(1) FW (Floodway Area).
(a) Those areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b) For the purpose of this Part, the floodway is based upon the criteria that a specific area within the floodplain would be capable of carrying the water of the 100 year flood without increasing the water surface elevation of that flood more than 1 foot at any point.
(2) FF (Flood?Fringe Area).
(a) The remaining portions of the 100 year floodplain in those areas identified as an AE Zone in the Flood Insurance Study where a floodplain has been delineated.
(b) The basis for the outermost boundary of this area shall be the 100 year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
[Ord. 93-10]
(3) FA (General Floodplain Area) shall be that floodway area for which no detailed flood elevations or floodway information have been provided. They are shown as "Zone A" on the maps accompanying the FIS prepared by the FIA. Where available, floodway information from other sources shall be used. Where the specific 100 year flood elevation cannot be determined for this area by the Zoning Officer to his satisfaction, using other sources of data such as the US Army Corps of Engineers, Floodplain Information Reports, or the US Geological Survey Flood Prone Quadrangles, then the Zoning Officer may require the applicant for the proposed use, development or activity to determine the elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. All such studies, analyses, or computations shall be submitted in sufficient detail to allow a thorough technical review by the Township. [Ord. 92-5]
B. Overlay Concept.
(1) The floodplain areas described above shall be overlays to the existing underlying districts as shown on the official Hampden Township Zoning Map and, as such, the provisions for the floodplain areas shall serve as a supplement to the underlying district provisions.
(2) In the event of any conflict between the provisions or requirements of any of the floodplain areas and those of any underlying zoning district, the more restrictive provisions shall apply.
(3) In the event any provision concerning a floodplain area is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable.
2. Zoning Map. The boundaries of the floodplain areas are established as shown on the Floodway Boundary Map which is declared to be a part of this Chapter and which shall be kept on file at the Hampden Township Office.
3. Interpretation of Area Boundaries. Initial interpretations of the boundaries of the floodplain areas shall be made by the Zoning Officer. Should an applicant dispute the boundaries of any of the areas, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the area boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
4. Boundary Changes. The determination of any of the floodplain areas may be revised by the Township Commissioners where natural or manmade changes have occurred or more detailed studies conducted or undertaken by the US Army Corps of Engineers River Basin Commission or other qualified agency or individual and such studies provide the basis for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(Ord. 84?2, 3/29/84, §401; as amended by Ord. 92-5, 2/4/1992, §3; by Ord. 93-10, 6/1/1993, §2B; and by Ord. 09-05, 02/26/2009, §1.)
§403. AREA PROVISIONS.
1. General.
A. All uses, activities and development occurring within any floodplain area shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances, such as the Hampden Township Building Code [Chapter 5], and the Hampden Township Land Development Ordinance [Chapter 22]. [Ord. 98-7]
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 or relocation of any stream or watercourse within the Township, any required permit shall be obtained from the Department of Environmental Protection, Dams and Encroachment Division. Further, documentation shall be submitted, substantiating that notification of the proposal has been given to all affected adjacent municipalities. The Federal Insurance Administration and the Department of Community and Economic Development or its successors shall also be notified in advance of any such alteration or relocation. [Ord. 98-7]
2. Floodway Area (FW). Within any FW (Floodway Area), the following provisions shall apply: [Ord. 93-10]
A. Any new construction, development, use, activity or encroachment which would cause any increase in flood height shall be prohibited. [Ord. 93-10]
B. No new construction or development shall be allowed, unless a permit is obtained from the Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Dams and Waterway Management. [Ord. 98-7]
C. Permitted Uses. In the Floodway Area, 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 ordinance 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, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.
(3) Accessory residential uses such as yard areas, gardens, play areas and porous paving areas.
(4) Accessory industrial and commercial uses such as yard areas, porous paving and loading areas, airport landing strips, etc.
D. 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 provision of this Chapter:
(1) Structures except for manufactured homes accessory to the uses and activities in §402, above. [Ord. 93-10]
(2) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, 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) Extrication of sand, gravel and other materials.
(5) Temporary uses such as circuses, carnivals and similar activities.
(6) Storage of materials and equipment provided they are not buoyant, flammable or explosive and are not subject to major damage by flooding; provided that such material and equipment is firmly anchored to prevent flotation or movement; or can be readily removed from the area within the time available after flood warning.
(7) Other similar uses and activities provided they cause no increase in flood heights or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
3. Floodfringe Area (FF). In the Floodfringe Area (FF), the development and use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances and further provided that manufactured homes shall not be permitted in Floodfringe Areas. [Ord. 93-10]
4. General Floodplain Area (FA). In the General Floodplain Area (FA), development or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances. However, no new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office. [Ord. 09-05]
(Ord. 84?2, 3/29/84, §402; as amended by Ord. 93-10, 6/1/1993, §2; by Ord. 98-7, 8/27/1998; and by Ord. 09-05, 02/26/2009, §1.)
§404. SPECIAL EXCEPTIONS AND VARIANCES; ADDITIONAL FACTORS TO BE CONSIDERED.
1. In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other Sections of this Chapter and:
A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exceptions or variance shall be granted in any floodway for any proposed use, development or activity that will cause any increase in flood levels during the 100 year flood.
B. The danger that materials may be swept on to other lands or downstream to the injury of others.
C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
J. The safety of access to the property in times of flood of ordinary and emergency vehicles.
K. The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
L. The effect upon the Township flood insurance program.
M. Such other factors which are relevant to the purposes of this Chapter.
2. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
3. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
A. Unacceptable or prohibited increase in flood heights.
B. Additional threats to public safety.
C. Extraordinary public expense.
D. The creation of nuisances.
E. The fraud or victimization of the public.
F. Jeopardy to the Township flood insurance program.
G. Conflict with local laws or ordinances.
4. Except for a possible modification of the one and one half (1-1/2) foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Special Permit (Section 406) or to Development Which May Endanger Human Life (Section 405).
5. If granted, a variance shall involve only the least modification necessary to provide relief.
6. 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 Ordinance.
7. Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
a. The granting of the variance may result in increased premium rates for flood insurance.
b. Such variances may increase the risks to life and property.
8. In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, whether there is good and sufficient cause and whether failure to grant the variances would result in exceptional hardship to the applicant.
9. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
10. 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 (100) year flood elevation.
11. No variance shall be granted for any construction, development, use or activity within any FE area that would, together with all other existing and anticipated development, increase the one hundred (100) year flood elevation more than one (1) foot at any point.
12. Requests for variances shall be considered by the Zoning Hearing Board of Hampden Township in accordance with the procedures contained in this Chapter 27 and as set forth in this Section 404.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one hundred (100) year flood.
(Ord. 84?2, 3/29/1984, §403; as amended by Ord. 09-05, 02/26/2009, §1; and by Ord. 09-07, §1(B)).
§405. DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE.
1. In accordance with the Pennsylvania Floodplain Management Act and the regulations adopted by the Department of Community and Economic Development or its successors 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 material 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: [Ord. 98-7]
A. Acetone.
B. Ammonia.
C. Benzene.
D. Calcium carbide.
E. Carbon disulfide.
F. Celluloid.
G. Chlorine.
H. Hydrochloric acid.
I. Hydrocyanic acid.
J. Magnesium.
K. Nitric acid and oxides of nitrogen.
L. Petroleum products (gasoline, fuel oil, etc.).
M. Phosphorus.
N. Potassium.
O. Sodium.
P. Sulfur and sulfur products.
Q. Pesticides (including insecticides, fungicides and rodenticides).
R. Radioactive substances, insofar as such substances are not otherwise regulated.
2. Within any Floodway Area (FW), any structure of the kind described in §405(1) above, shall be prohibited.
3. Where permitted within any Floodfringe Area (FF) or General Floodplain Area (FA), any structure of the kind described in §405(1) above, shall be:
A. Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100 year flood.
B. Designed to prevent pollution from the structure or activity during the course of a 100 year flood. 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 floodproofing contained in the publication "Floodproofing Regulations" (US Army Corps of Engineers, June 1972 as amended March 1992) or with some other equivalent watertight standard. [Ord. 09-05]
4. Within any General Floodplain Area (FA), no structure, construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. [Ord. 09-05]
5. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section.
(Ord. 84?2, 3/29/1984, §404; as amended by Ord. 98-7, 8/27/1998; and by Ord. 09-05, 02/26/2009, §1.)
§406. ACTIVITIES REQUIRING SPECIAL PERMITS.
1. Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Floodplain Management Act (Act 1978?166) and regulations adopted by the Department of Community and Economic Development or its successors as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any identified floodplain area. [Ord. 98-7]
A. The commencement of any 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:
(1) Hospitals ? public or private.
(2) Nursing homes ? public or private.
(3) Jails or prisons.
B. The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to any existing manufactured home park or manufactured home subdivision. [Ord. 93-10]
2. Application Requirements. Applicants for special permits shall provide ten copies to the Zoning Hearing Board of the following items: [Ord. 98-7]
A. A written request including a completed building permit application form.
B. A small scale map showing the vicinity in which the proposed site is located.
C. A plan of the entire site, clearly and legibly drawn at a scale of 1 inch being equal to 100 feet or less, showing the following:
(1) North arrow, scale and date.
(2) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of 2 feet.
(3) All property and lot lines including dimensions and the size of the site expressed in acres or square feet.
(4) The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations.
(5) The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities and any other natural or manmade features affecting or affected by the proposed activity or development.
(6) The location of the floodplain boundary line, information and spot elevations concerning the 100 year flood elevations and information concerning the flow of water including direction and velocities.
(7) The location of all proposed buildings, structures, utilities and any other improvements.
(8) Any other information which the Township considers necessary for adequate review of the application.
D. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(1) Sufficiently detailed architectural or engineering drawings including floor plans, sections and exterior building elevations, as appropriate.
(2) For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(3) Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 year flood.
(4) Detailed information concerning any proposed floodproofing measures.
(5) Cross?section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights?of?way and pavement widths.
(6) Profile drawings for all proposed streets, drives and vehicular accessways including existing and proposed grades.
(7) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.
E. The following data and documentation:
(1) Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
(2) Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100 year flood.
(3) A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100 year flood, including a statement concerning the effects such pollution may have on human life.
(4) A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the effects the proposed development will have on 100 year flood elevations and flows.
(5) A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100 year flood elevation and the effects such materials and debris may have on 100 year flood elevations and flows.
(6) The appropriate component of the Department of Environmental Protection "Planning Module for Land Development." [Ord. 98-7]
(7) 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. [Ord. 98-7]
(8) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection to implement and maintain erosion and sedimentation control. [Ord. 98-7]
(9) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100 year flood.
3. Application Review Procedures. Upon receipt of an application for a special permit by the Township Manager, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
A. Within 3 working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Cumberland County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
B. If an application is received that is incomplete, the Township Manager shall notify the applicant in writing, stating in what respects the application is deficient.
C. If the Township decides to disapprove an application, it shall notify the applicant in writing of the reasons for the disapproval.
D. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development or its successors by registered mail within 5 working days after the date of approval. [Ord. 98-7]
E. Before issuing the special permit, the Township shall allow the Department of Community and Economic Development or its successors 30 days after receipt of the notification by the Department to review the application and decision made by the Township. [Ord. 98-7]
F. If the Township does not receive any communication from the Department of Community and Economic Development or its successors during the 30 day review period, it may issue a special permit to the applicant. [Ord. 98-7]
G. If the Department of Community and Economic Development or its successors should decide to disapprove an application, it shall notify the Township and applicant in writing of the reasons for the disapproval and the Township shall not issue the special permit. [Ord. 98-7]
4. Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply.
A. No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(1) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designated, located and constructed so that:
(a) The structure will survive inundation by waters of the 100 year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the 100 year flood elevation.
(b) The lowest floor elevation (including basement) will be at least 1 1/2 feet above the 100 year flood elevation.
(c) The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100 year flood.
(2) Prevent any significant possibility of pollution, increased flood levels or flow or debris endangering life and property.
5. Within any floodplain area, any structure of the kind described in Section 406.1.A above shall be prohibited within the area measured 50 feet landward from the top?of?bank of any watercourse. [Ord. 09-05]
6. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this §406.
(Ord. 84?2, 3/29/1984, §405; as amended by Ord. 93-10, 6/1/1993, §2D; by Ord. 98-7, 8/27/1998; and by Ord. 09-05, 02/26/2009, §1.)
§407. EXISTING STRUCTURES IN FLOODPLAIN AREAS.
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. Existing structures or uses located in any floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
B. Any modification, alteration, repair, reconstruction or improvement of any kind to a structure or use located in any floodplain area to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the floodplain area.
C. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this Chapter and any other applicable ordinance.
D. No expansion or enlargement of an existing structure shall be allowed within any FE area (Special Floodplain Area) that would, together with all other existing and anticipated development, increase the one hundred (100) year flood elevation more than one (1) foot at any point.
(Ord. 84?2, 3/29/1984, §406; as amended by Ord. 09-07, 04/02/2009, §1(C)).
§408 SPECIAL REQUIREMENTS FOR MANUFACTURED HOMES.
1. Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be: f
A. placed on a permanent foundation.
B. elevated so that the lowest floor of the manufactured home is one and one half (1 ½) feet or more above the elevation of the one hundred (100) year flood.
C. anchored to resist flotation, collapse, or lateral movement.
D. 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 2003 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 shall apply as well as 34 PA Code Chapter 401-405.
E. Consideration shall be given to the installation requirements of the 2003 IBC (Appendix G, Section 501.1-3) and the 2003 IRC (Sections R323.2, R323.3, R102.7.1, and Appendix AE101, 604 and 605) or the most recent revisions thereto and 34 PA Code Chapter 401-405, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the unit's proposed installation.
(Ord. 09-05, 02/26/2009, §1)
§ 409. ADMINISTRATION.
1. Building Permits Required/Issuance of Building Permits.
A. Building Permits shall be required before any construction or development is undertaken within any area of the Township. The Building Code Official 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 zoning permit, the Zoning Officer shall review the application for the permit to determine if 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); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Clean Streams Act (Act 1937-394, as amended); and the U. S. Clean Water Act, Section 404, 33 U.S.C. Section 1344. No permit shall be issued until this determination has been made.
2. Application Procedures and Requirements.
A. Application for a building permit shall be made, in writing, to the Building Code Official on forms supplied by the Township. Such application shall contain 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 the flood-related cost and the market value of the building before the flood damage occurred.
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, an applicant for a building permit shall provide all the necessary information in sufficient detail and clarity to enable the Building Code Official 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.
C. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Building Code Official to make the above determination:
1. A completed building permit application form.
2. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (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 access ways; 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:
a. the proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
b. the elevation of the one hundred (100) year flood;
c. if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood;
d. detailed information concerning any proposed floodproofing measures; and
e. supplemental information as may be necessary under 34 PA Code Chapters 401-405 as amended, and Section 1612.5.1, Sections 104.7 and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.
4. The following data and documentation:
a. 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 one hundred (100) year 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.
b. detailed information needed to determine compliance with Section 410.2.F, Storage and Section 405, including:
(i) the amount, location and purpose of any materials or substances referred to in Sections 410.2.F and 405 which are intended to be used, produced, stored or otherwise maintained on site.
(ii) a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 405 during a one hundred (100) year flood.
c. the appropriate component of the Department of Environmental Protection's "Planning Module for Land Development"
d. where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
5. Review by County Conservation District.
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Building Code Official to the Cumberland 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 Building Code Official for possible incorporation into the proposed plan.
6. Review of Application by Others.
A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Building Code Official to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.
(Ord. 09-05, 02/26/2009, §1; and as amended by Ord. 09-07, 04/02/2009, §1(D))
§410. TECHNICAL PROVISIONS.
1. Elevation and Floodproofing Requirements.
A. Residential Structures.
Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2003 IBC (Sections 1612.4, 1603.1.6 and 3403.1) and in the 2003 IRC (Sections R323.1.4, R323.2.1 and R323.2.2) and ASCE 24 (Sections 2.4 and 2.5, Chapter 5) and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
B. Non-residential Structures.
1. Within any identified floodplain area, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
2. Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one half (1 ½) feet above the one hundred (100) year flood elevation, shall be flood-proofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such flood-proofing 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.
3. The design and construction standards and specifications contained in the IBC (Sections 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1 and 3403.1 and ASCE 24 (Section 2.4 and Chapter 7) and 34 PA Code (Chapters 401-405 as amended) shall be utilized.
C. Space Below the Lowest Floor.
1. Fully enclosed space below the lowest floor (including basement) is prohibited.
2. Partially enclosed space below the lowest floor (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 exist 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:
a. a minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
b. the bottom of all openings shall be no higher than one (1) foot above grade.
c. openings may be equipped with screens, louvers, etc. other coverings or devices provided that they permit the automatic entry and exist of floodwaters.
3. Consideration may be given to the requirements of 34 PA Code (Chapters 401-405 as amended) and the 2003 IRC (Sections R323.2 and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2 and 1203.3.3).
D. Accessory Structures.
Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
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 600 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 at least one and one-half (1 ½) feet above the 100 year flood elevation
6. permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
7. sanitary facilities are prohibited.
8. the structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exist of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. a minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
b. the bottom of all openings shall be no higher than one (1) foot above grade.
c. openings may be equipped with screens, louvers, etc. or other coverings or devices provided that the permit the automatic entry and exit of floodwaters.
2. Design and Construction Standards.
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. Fill.
If fill is used, it shall:
1. extend laterally at least fifteen (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 the necessary permeability and resistance to erosion, scouring or settling;
4. be no steeper than one (1) vertical to two (2) horizon feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the Building Code Official; and
5. be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (Sections 1801.1 and 1803.4) shall be utilized.
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. The provisions contained in the 2003 IBC (Appendix G401.5) shall be utilized.
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 floodwaters.
3. No part of any on-site sewage 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 34 PA Code (Chapters 401-405) as amended and contained in the 2003 IBC (Appendix G, Sections 401.3 and 401.4), the 2003 IRC (Section 323.1.6), the ASCE 24-98 (Section 8.3), FEMA #348, Protecting Building Utilities From Flood Damages and The International Private Sewage Disposal Code (Chapter 3) 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. Wireless Communications Facilities shall be located and constructed pursuant to Chapter 27, Part 18, § 1818 et seq., “ Hampden Township Wireless Facilities Ordinance”. (Ord. 20-09)
E. Streets.
The finished elevation of all new streets shall be no more than one (1) 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 Section 405, 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.
3. The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 PA Code (Chapters 401-405) as amended and contained in the 2003 I(BC (Sections 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1 and R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
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.
5. The provisions of the UCC pertaining to this subsection and referenced in the 34 PA Code (Chapters 401-405 as amended) and contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Section R323.1.7 & R501.3) and ASCE 24-98 (Chapter 6) shall be utilized.
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 quality.
3. All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or water-resistant paint or other similar finishing material.
4. The standards and specifications contained in 34 PA Code (Chapters 401-405, as amended) the 2003 IBC (Sections 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7) shall be utilized.
K. Electrical Components.
1. Electrical distribution panels shall be at least three (3) feet above the one hundred (100) year flood elevation.
2. Separate electrical circuits shall serve lower levels and shall be dropped from above.
3. The provisions pertaining to the above provisions and referenced in the UCC and 34 PA Code (Chapters 401-405), as amended and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5), the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
L. Equipment.
1. 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.
2. The provisions pertaining to the above provisions and referenced in the UCC and 34 PA Code (Chapters 401-405), as amended and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5), the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
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 flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
3. Uniform Construction Code Coordination.
The Standards and Specifications contained in 34 PA Code (Chapters 401-405) as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this Ordinance, to the extent that they are more restrictive and/or supplement the requirements of this Ordinance.
International Building Code (IBC) 2003 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.
International Residential Building Code (IRC) 2003 or the latest edition thereof:
Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
(Ord. 09-05, 02/26/2009, §1)
§411. DEFINITIONS.
The words and phrases utilized in this Part 4 shall have those meanings set forth below. In the event a contrary definition for such word or phrase appears elsewhere in Chapter 27, the definitions below shall control and be applicable to the provisions contained in Part 4. To the extent not defined below, words and phrases utilized in Part 4 shall have those meanings ascribed to them as noted in Part 2 or elsewhere in Chapter 27. [Ord. 09-07]
BASEMENT - means any area of the building having its floor below ground level on all sides. [Ord. 09-05]
BUILDING - a combination of materials to form a structure having walls and a roof. Included shall be all manufactured homes, mobile homes and trailers to be used for human habitation. [Ord. 09-05]
COMPLETELY DRY SPACE - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor. [Ord. 09-05]
DEVELOPMENT ? any manmade 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 or mobile homes; streets, and other paving; utilities; filing, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land. [Ord. 09-05]
ESSENTIALLY DRY SPACE – 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. [Ord. 09-07]
FLOOD ? a temporary inundation of normally dry land areas.
FLOOD FRINGE ? that portion of the floodplain outside the floodway.
FLOODPLAIN AREA ? a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river of watercourse; and/or any areas subject to the unusual and rapid accumulation of surface waters from any source. [Ord. 09-05]
FLOODPROOFING - means 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. [Ord. 09-07]
FLOODWAY ? the designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude. [Ord. 09-05]
HISTORIC STRUCTURE - any structure that is:
(1) 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 in the National Register;
(2) 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;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior, or
(b) Directly by the Secretary of the Interior in states without approved programs. [Ord. 09-05]
Identified floodplain area – the floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. [Ord. 09-05]
LAND DEVELOPMENT - see definition of land development contained in Part 2, Chapter 27. [Ord. 09-07]
Lowest floor – 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 construction is in violation of the applicable non-elevation design requirements of this Ordinance. [Ord. 09-05]
MANUFACTURED HOME - 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 site for more than 180 consecutive days. [Ord. 09-07]
MANUFACTURED HOME PARK - a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient use. [Ord. 09-07]
MINOR REPAIR - 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. [Ord. 09-07]
NEW CONSTRUCTION - structures for which the start of construction commenced on or after March 29, 1984, and includes any subsequent improvements thereto. [Ord. 09-07]
ONE HUNDRED YEAR FLOOD ? a flood having a 1% chance of being equaled or exceeded in any given year. [Ord. 93-10]
Special permit – a special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain. [Ord. 09-05]
Structure – 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 manmade object having an ascertainable stationary location on or in land or water whether or not affixed to land. [Ord. 09-05]
Substantial additions to manufactured home parks – Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction or improvement of the streets, utilities and pads will equal or exceed 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started. [Ord. 09-05]
Substantial damage – damage from any cause sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent or more of the market value of the structure before the damage occurred. [Ord. 09-05]
Substantial improvement – Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not however include either:
(1) 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, or;
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. [Ord. 09-05]
Uniform Construction Code (UCC) – The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities here 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. Any reference to the 2003 IBC or the 2003 IRC in this Ordinance shall be considered a reference to the latest version or any successor and/or updated year (usually triennial) version of those same codes as if the same were specifically referenced in this Ordinance.
Any reference in Part 4 to any code, publication, regulations, law or governmental department or entity shall include and refer to and be a reference to any amended, successor, supplemented, updated or re-designated code, publication, law, regulation and/or governmental department or entity as if this Ordinance and Part had been amended to make specific reference thereto.
(Ord. 84?2, 3/29/1984, §408; as amended by Ord. 93-10, 6/1/1993, §2D & E; by Ord. 09-05, 02/26/2009, §1; by Ord. 09-05, 02/26/2009, §1; and by Ord. 09-07, 04/02/2009, §1(E).)