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: [Amended 6/11/84]
A. regulating use, activities, and develop 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; Flood Plain District
C. requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage; and
D. protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
These provisions shall apply to all lands within the jurisdiction of London Britain Township and shown as being located within the boundaries of any identified flood plain district which are considered as part of the official zoning map. (See Appendix B)
No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered within the designated flood plain districts except in full compliance with the terms and provisions of this zoning ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.
The degree of flood protection sought by the provisions of this ordinance 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 ordinance 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.
This ordinance shall not create liability on the part of London Britain Township or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
A. Basis of Districts: For the purposes of this Ordinance, the identified flood plain district shall be that area designated as Zone A on the Flood Insurance Rate Map (FIRM) prepared for London Britain Township, Chester County, Pennsylvania, by the Federal Insurance Administration (FIA) dated December 31, 1982. [Amended 6/11/84]
B. For the purposes of this Ordinance, the one hundred (100) year flood Elevation shall be used as the basis for regulation. To determine the one hundred (100) year flood elevation, the elevation at any given point on the boundary of the identified flood plain area which is nearest the construction site in question would be used. In helping to make this necessary elevation determination other sources of data, where available, shall be used such as:
1. Corps of Engineers - Flood Plain Information Reports;
2. U.S. Geological Survey - Floodprone Quadrangles;
3. U.S.D.A. Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information;
4. Pennsylvania Department of Environmental Resources (DER [changed to DEPI)) - Flood Control Investigations;
5. Known high-water marks from past floods; and
6. other sources.
The boundaries of the Flood Plain Districts are established as shown on the Official Zoning Map of London Britain Township which is declared to be a part of this Ordinance and which shall be kept at the London Britain Township offices.
The delineation of any of the Flood Plain Districts may be revised by London Britain Township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual documents the need or possibility for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
[Amended 6/11/84]
All uses, activities, and development occurring within any flood plain district shall be undertaken, only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances such as the London Britain Subdivision and Land Development Ordinance. [Amended 6/11/
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.
Prior to any proposed alteration or relocation of any strewn, watercourse, etc. within the municipality, a permit shall be obtained from the Department of Environmental Resources (DER [changed to DEP]),
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 Department of Community Affairs. .
In the Identified Flood Plain District (IFD) any new construction or development that would cause any increase in flood height shall be prohibited.
A. Permitted Uses
In the Identified Flood Plain District (IFD), the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided all such uses, activities and development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable Codes and Ordinances.
A. Prohibited Uses and Activities in Flood Plain Districts
1. Notwithstanding the provisions of this ordinance or Zoning Map, the following uses and activities are prohibited within the Identified Flood Plain District: [Amended 6/11/84]
a. The production, storage, or maintenance of a supply (more than 550 gallons or other comparable quantity) of the following materials or substances, whether or not such activity is carried on within a structure:
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)
Radioactive substances, insofar as such substances are not otherwise regulated.
2. Notwithstanding any other provisions asset forth in Section 604.01.A.1 above or any other provisions of this Ordinance and Zoning Map, the following uses are prohibited within the Identified Flood Plain District:
a. Hospitals - public or private
b. Nursing homes - public or private
c. Jails
d. New mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks.
e. New mobile homes or substantial improvement to existing mobile homes.
A. Residential Structures: Within the Identified Flood Plain District (IFD) the lowest floor (including basement) of any new or substantially improved residential structure shall be at least one and one-half (1-1/2) feet above the one hundred (100) year flood plain elevation.
B. Non-residential Structures Flood Plain District
1. Within the IFD the lowest floor (including basement) of any new or substantially improved non-residential structure shall be at least one and one-half (1 1/2) feet above the one hundred (100) year 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 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.
The following standards shall apply for all construction and development proposed within any identified flood plain area:
A. 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.
B. 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.
A. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use to an extent or amount of fifty (50) percent or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.
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 fifty (50) percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
C. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate London Britain Township officials for mobile home parks.
Additional Factors To Be Considered [Amended 6/11/84]
In passing upon applications for Special Exceptions, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and:
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 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 of ordinary and emergency vehicles in times of flood. [Amended 5/8/87]
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
L. Such other factors which a-re relevant to the purposes of this Ordinance.
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 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.
