General provisions.
Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of the Township of East Whiteland.
Identification of floodplain areas.
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. All areas which, by hydrological or hydraulic profile analysis are calculated to be inundated during a base flood. If such profile analysis defines a flood hazard area which conflicts with the definition in
§ 200-55D(1)(a),
§ 200-55D(1)(b) or
§ 200-55D(1)(c) the area defined by the stream profile analysis shall supersede if more restrictive. Such analysis shall be required prior to the issuance of any permits, if, after consultation with the Township Planning Commission, Township Engineer and U.S. Soil Conservation Service, the Zoning Officer has reason to believe that the applicant's property or a portion thereof is in such close proximity to a flood hazard area as to be subject to inundation by a base flood. If the analysis demonstrates that the property or a portion thereof will not be subject to inundation by a base flood, such permits, as are required, shall be considered for approval, but such permits shall not be issued unless and until the applicant has complied with all other applicable provisions of this section and with all other applicable ordinances and regulations.
Hearing procedures for flood hazard districts.
Appeals to the Zoning Hearing Board with respect to provisions of this section shall be governed by
Article XVIII: Appeals and Adjudications of this chapter. In addition, upon receiving an application for a hearing, 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 as well as such other information as the Board may desire:
(1) Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.
(2) A series of cross sections at twenty-five-foot intervals along and at right angles to the lot shoreline, showing the stream channel or pond bottom, and elevation of adjoining land areas of the lot to be occupied by the proposed uses, and high water information.
(3) Profile(s) showing the slope of the bottom of the stream channel or pond.
(4) Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply, and sanitary facilities.
(5) Computation of the increase, if any, in the height of flood stages that would be attributable to any proposed uses.
(6) The plans, cross sections, profiles, and computations required under this section shall be prepared by a hydrologist, registered engineer, or other person deemed qualified by the Zoning Hearing Board.
Consultation by Zoning Hearing Board.
In considering any application for a hearing, the Zoning Hearing Board shall request reports from the East Whiteland Township Board of Supervisors and the Township Planning Commission, the Township Engineer, the Chester County Soil and Water Conservation District, and other technical experts, prior to the hearing, to determine the extent to which the proposed use would:
(1) Diminish the capacity of the flood hazard area to store and absorb floodwaters, to moderate flood velocities, and to accommodate sediment;
(2) Be subject to flood damage;
(3) Cause erosion and impair the amenity of the flood hazard area.
Factors to be considered by Zoning Hearing Board.
(1) In passing upon each application
for special exception or variance, the Board shall consider the following factors as well as those set forth in
Article XVIII: Appeals and Adjudications of this chapter. In addition, for a variance, the Board shall determine that the standards and criteria enumerated in Section 912 of the Municipalities Planning Code[5] are met before granting the request.
(a) The degree of danger to life and property due to increased flood heights or velocities caused by the desired encroachments.
(b) The degree of 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 waterfront location.
(g) The availability of alternative locations not subject to flooding for the proposed use.
(h) The compatibility of the proposed use with nearby existing and foreseeable uses permitted by this section.
(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 floodwaters expected at the site.
(l) Such other factors which are relevant to the purposes of this section.
(2) No variance shall be granted for any of the uses described specifically prohibited in this section.
(3) No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation, as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice.
(4) If granted, a variance shall involve only the least modification necessary to provide relief.
(5) 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 section, including, but not limited to, those as detailed in this section.
(6) 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.
(7) In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(a) That there is good and sufficient cause.
(b) That failure to grant the variance would result in exceptional hardship to the applicant.
(c) That the granting of the variance will:
[1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[2] Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(8) A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board or its designated agent. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(9) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
Conditions for granting permit.
Upon consideration of the factors listed above and the purposes of this section, 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 section. Subsection F(5)(b)[1], [7] and [11] shall be required for any new construction or substantial improvements. Among such other conditions, without limitation because of specific enumeration, may be included:
(1) Modification of waste disposal and water supply facilities;
(2) Limitations on periods of use and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
(4) If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a) 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;
(b) All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(c) Adequate drainage is provided so as to reduce exposure to flood hazards;
(d) Structures will be anchored to prevent flotation, collapse, or lateral movement;
(e) Building materials are flood-resistant;
(f) Appropriate practices that minimize flood damage have been used; and
(g) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(5) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: See
§ 200-55N(5) for detailed information.
