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I 0 280-75 .

ZONING 0 280-75

I P 280-75. Designation of district; boundaries. [Amended


9-26-1977 by Ord. No. 77-241

I A. [Amended 11-27-1995 by Ord. No. 95-29; 1-2-2001 by


Ord. No. 2001-051 The Floodplain Conservation
District, as defined i n 0 280-4B, shall be those areas of
Radnor Township that are subject to the one-hundred-
I year flood, as identsed on the Flood Insurance Study
(FIS) and shown on Map Panels 00014, 0006-7,0008-9
and 0013-14, effective September 30, 1993, as prepared

I by the Federal Emergency Management Agency (F’EMA).


In addition, “floodplain conservation district” shall be
defined to include all areas, not shown on the map,
which, by hydrological profile analysis, are calculated to
I be inundated during a one-hundred-year frequency flood.
Such maps are hereby made a part of this chapter and
shall be available to the public at the Township
I Municipal Building. The Floodplain Conservation
District shall comprise three subdistricts, as follows:
FW (Floodway Area): the area identified as floodway
I 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

I available studies or sources of information for those


floodplain areas where no floodway has been
identified in the Flood Insurance Study.

I FF (Flood-Fringe Area): the remaining portions of


the one-hundred-year floodplain i n those areas
identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The
I basis for the outermost boundary of this area shall
be the one-hundred-year elevations as shown in the

a flood profiles contained in the Flood Insurance


Study.
FA (General Floodplain Area): the areas identified
as Zone A in the FIS for which no one-hundred-
I year-flood elevations have been provided. When
available, information from other federal, state and

‘I 28081 2-10-2001

I
0 280-75 RADNOR CODE 5 280-75
I
other acceptable sources, including those areas
shown as alluvial soils in the Chester and Delaware
I
Counties Soil Survey, shall be used to determine the
one-hundred-year elevation, as well as a floodway
area, if possible. When no other information is
I
available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the
identified floodplain area which is nearest the
construction site in question. In lieu of the above
I
delineation method, the township may require the
applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic
I
and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated
qualifications approved by the township who shall
I
certify that the technical methods used correctly
reflect currently accepted technical concepts.
Studies, analyses and computations shall be
submitted in sufficient detail to allow a thorough
I
technical review by the township.
B. In the case of any dispute concerning the boundaries of a I
F l o o d p l a i n Conservation D i s t r i c t , a n i n i t i a l
determination shall be made by the Township Engineer.
Such determination shall be based upon the criteria
established in this article. It shall be the responsibility of
I
the applicant to supply all the necessary plans and maps
in sdlicient detail to allow the Township Engineer to
make the determination. [Amended 4-23-1984 by Ord.
I
No. 84-131
C. Any party aggrieved by a decision of the Township
Engineer as to the boundaries of the Floodplain
I
Conservation District, as defined in Subsections A and B
above, which may include the grounds that the data
referred to therein is or has become incorrect because of
changes due to natural or other causes or because of
I
changes indicated by future hydrologic and hydraulic
studies, may appeal to the Zoning Hearing Board. The
Zoning Hearing Board, in making such determination,
I
28082 2 - 10- 2001
I
1
I 5 280-75 ZONING 9 280-76

I shall use criteria established in this article. The burden


of proof in such an appeal shall be on the appellant.
D. The Floodplain Conservation District shall be deemed an
I overlay of any zoning district now or hereafter applicable
to any lot. Should the Floodplain Conservation District
be declared inapplicable to any tract for any reason, the

I zoning applicable to such tract shall be deemed to be the


district in which it is located without consideration of
this article.

I E. The identified floodplain area may be revised or modified


by the Board of Commissioners where studies or
information provided by a qualified agency or person

I document the need for such revision. Prior t o the change,


however, approval must be obtained from the Federal
Insurance Administration. [Amended 11-27-1995 by
Ord. No. 95291
I
6 280-76. Permitted uses. [Amended 9-26-1977 by Ord. No.
I 77-24]
Within any designated floodway area, no construction,
development, use, activity or encroachment of any kind shall be
I allowed except where the effect of such proposed activity on
flood heights is fully offset by accompanying stream
improvements.

I A. Subject to such limitation, the following uses and no


other are permitted in the Floodplain Conservation
District, provided that the use is permitted by the

I I applicable zoning of the property:


(1) Customary agricultural operations, excluding
structures.
I (2) Pastures, grazing land, outdoor plant nursery and
orchard, excluding structures.

I (3) Wildlife sanctuary, woodland p r e s e r v e and


arboretum, excluding structures.

I 28082.1 2 - - 2001
10
0 280-76 ZONING 0 280-77
(4) Recreation use such as park, day camp, picnic grove, golf
course, hunting, fishing and boating club, excluding
structures.
(5) Sanitary sewers and sewage pumping stations, provided
that the construction is floodproof.
(6) Waterlines.
(7) Boundary fences, subject to the approval of the Township
Engineer.
(8) Damp, culverts and bridges approved by the
commonwealth.

I (9) Storm sewers;subject to the approval of the Township


. Engineer.
B. Threefourths (9'4) of the required front, side or rear yards and
I required lot area for any district are permitted.
C. Where parking lots and/or driveways are required by the
regulations for the district applicable to the lot previously,
I parking lots and driveways shall be required.

I Q 280-77. Prohibited uses. [Added 623-1986by Ord. No.862415]


Under no circumstances will the following activities and/or
I development be located, enlarged or expanded within the Floodplain
Conservation District, since they present a special hazard to the health
and safety of the public.

I A. Hospitals (public or private).


B. Nursing homes (public or private).

I C. Jails or prisons.
I

D. Individual mobile homes, new mobile home parks, mobile


~I home subdivisions and substantial improvements thereto, as
well as individual mobile homes.
l5 Editor's Note: Amended at time of adoption of Code;see Ch. 1. General Provisions.Art. I.

I 28083

I
Q 280-77 RADNOR CODE Q 280-80 I
E. The production, storage or maintenance of a supply of
hazardous materials and substances as defined under the
Pennsylvania Flood Plain Management Act (Act 166 of 1978),
I
Section 207 (32 P.S. Q 679.207).
I
Q 280-78. Grading,filling and storage of materials.16
A. A change in grade by either cut or fill, or a combination of
both, may be permitted only upon the following conditions:
I
(1) The effect is not to alter the CIW-sectional area of the
profile of the floodplain; and I
(2) The effect is not to increase the elevation of the o n e
hundred-year-frequency flood.
B. No storage of any material that may be hazardous to the
I
health and welfare of the surrounding population or which is
in violation of the Clean Streams Law17 or regulations of the
Department of Environmental Resources shall be permitted I
within the Floodplain Conservation District as herein defined.

Q 280-79. Municipal liability.


I
The grant of a zoning approval or approval of a subdivision plan in
the Floodplain Conservation District shall not constitute a representa-
tion, guaranty or warranty of any kind by the township or by an
I
official or employee thereof of the practicability or safety of the
propod uses and shall create no liability upon the township, its
officials or employees; nor shall such grant or approval imply in any
I
way a waiver of the requirements of this Article or compliance with
any federal or s t a k law governing streams and other bodies of water. I
Q 280-80. Conflicts with other regulations.
In the event of any conflict with other township ordinances, rules,
I
building codes or regulations, the provisions of this Floodplain
Conservation District Article shall prevail.
l6 Editor’s Note: See also Ch. 175. Grading, Excavations and Fills.
I
’’ Edilor’s Note: See 35 P.S. g 691.1 et seq.

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I
I 0 280-81 ZONING 0 280-81

I § 280-81.Review of applications for variance. [Amended 9-26-


1977 by Ord. NO.77-24]
-A. Standards and criteria In any instance where the Zoning

I‘ Hearing Board is required to consider a request for variance


from the provisions of this Article, the b a r d shall determine
that the standards and criteria enumerated in 0 28@145 of
this chapter and Section 912 of the Pennsylvania Municipali-
I 7
ties Planning Code18 are met before granting the request.
(1) In addition to the standards and criteria enumerated in
said 0 280-145and Section 912,the Board shall meet the
I following standards:
(a) An aftinnative decision shall not be issued by the

I Zoning Hearing Board within the designated


floodway if any increase in the flood levels during
the base flood discharge would result.

I (b) Affirmative decisions shall only be issued by the


Zoning Hearing Board upon:
[l] A showing of good and sufficient cause.
I [2] A determination that failure to grant the
appeal would result in exceptional hardship to
the applicant
I [3] A determination that the granting of an appeal
will not result in increased flood heights,
additional threats to public safety and extraor-
I dinary public expense; create nuisances; cause
fraud on or victimization of the public; or
conflict with existing local laws or ordinances.
I . (c) Affirmative decisions shall be issued only upon
determination that it is the minimum necessary,
considering the flood hazard, to af€ord relief.

11 (2) The Board shall also consider the following factors


(a) The proposed water supply and sanitation systems
‘I and the ability of these systems to avoid causing
disease, contamination and unsanitary conditions.
l8 Editor’s Note: See now 53 P.S. 5 10910.2.

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I
RADNOR CODE 0 28G81 I
The relationship of the pmposed use to the Compre-
hensive Plan and floodplain or stormwater manage-
ment program for the area.
I
The safety of access to the! property in times of flood
by ordinary and emergency vehicles. I
The expected heights, velceity, duration, rate of rise
and sediment transport of the floodwaters expected
at the site.
I
Such other factors which are relevant to the
purposes of this Article, including compliance with
any state and federal laws and regulations relating
I
to floodplain areas.
B. Procedure; streams and other bodies of water. Upon receiving I
an application for a variance, the Zoning Hearing Board shall,
prior to hearing, require the applicant to furnish such of the
following material as the Township Engineer shall deem
necessary for a complete consideration of the matter by the
I
Board:
Plans, in triplicate, drawn to scale, showing the nature, I
location, dimensions and elevation of the lot and existing
and proposed uses; photographs showing existing uses
and vegetation; soil types; and other pertinent
information.
I
A series of cross sections at twenty-fivefoot intervals
along the lot shoreline, showing the stream channel or the I
lake or pond bottom and the elevation of adjoining land
areas to be occupied by the proposed uses,and high-water
information. I
Profile showing the slope of the hottom of the channel,
lake or pond.
Specifications for building materials and construction,
I
floodproofing, filling, dredging, grading, storage, water
supply and sanitary facilities. I
C. Conditions.

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I
I
I 5 280-81 ZONING 5 280-81
(1) Any structure permitted by variance shall include
I floodproofing measures according to the following
criteria:

I (a) All structures shall be:


[l] Firmly anchored in accordance with accepted
engineering practices to prevent flotation,

I collapse or lateral movement.


[2] Constructed so as to prevent the entrance of
floodwaters into the water supply and waste

I treatment systems as well as other utility and


facility systems. In addition, waste treatment
systems shall be designed to minimize or

I eliminate discharges from the systems into the


floodwaters.
(b) All new construction shall have the lowest floor,

I including the basement, elevated to one (1) foot above


the onehundred-year-flood elevation.
0

(c) All improvements to existing structures shall be


I constructed so that
[l] Improvements to residential structures shall be
elevated to the greatest extent $possible. Any
I portion of the structure not elevated to one (1)
foot above the onehundred-year-flood elevation
shall meet the requirements of Subsection

I C(lXcX2] below.
[2] Improvements to nonresidential structures shall
be floodproofed according to the classification
W1-W4 of the Floodproofing Regulations,
l1 United States Army Corps of Engineers,
pamphlet EP 1165 2 314.

~I (2) In addition, upon consideration of the purposes of this


, Article, the Board may attach such conditions to the

granting of a variance as it deems necessary to further

I the purposes of this Article. Among such conditions,


without limitation because of specific enumeration, may
be included:

1 28087

I
0 m81 RADNOR CODE Q 280-81 I
(a) Modification of waste disposal and water supply
facilities. I
(b) Limitations on periods of use and operation.
(c) Imposition of operational controls, sureties and deed
restrictions.
I
(d) Floodproofing measures such as the following,
without limitation because of specific enumeration:
[l] Anchorage to resist flotation and lateral
I
movement.
E21 Installation of watertight doors, bulkheads and I
shutters.
[3] Reinforcement of walls to resist water
pressures.
I
Use of paints, membranes or mortars to reduce
[4]
seepage of water through walls.
[5] Addition of mass or weight to structures to
I
resist flotation.
[SI Installation of pumps to lower water levels in
structures.
I
171 Pumping facilities for subsurface external
foundation wall and basement floor pressures. I
[8] Construction to resist rupture or collapse
caused by water pressure or floating debris.
[9] Cutoff valves on sewer lines.
I
D. The Zoning Hearing Board shall nlotity the applicant, in
writing, that I
(1) The issuance of a decision to allow construction of a
structure below the base flood elevation will result in
increased premium rates for flood insurance. I
(2) Such construction below the base flood elevation increases
risks to life and property. Such notification shall be
maintained with a record of all decisions, as required in I
Subsection E of this section.

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0 280-81 ZONING 9 280-83

E. The Zoning Hearing Board shall:


(1) Maintain a record of all decisions, including justification
for their issuance.

I (2) Report such decisions issued in its annual report


submitted to the Federal Insurance Administration.

E Q 280-82. Variance conditions.


In any case where the Zoning Hearing Board shall grant a variance

I to permit the erection of a structure in the floodplain or a variance to


permit a change in nonconforming use of a structure already existing
in the floodplain, the Board shall, for the protection of prospective
purchasers and lessees, impose the following conditions:
I A. Require the applicant to advise prospective purchasers and/or
lessees that the lot is located either entirely or partially, as the

I'
case may be, in the floodplain.
B. Require that, before settlement or change in use, as the case
may be, the purchaser or lessee shall signify, in writing, that
he has been advised that the premises lies partially or entirely
II in the floodplain, and a signed copy of such signification shall
be delivered to the township by the applicant
C. A deed restriction shall be created and placed on record to run
as a covenant with the land, which restriction shall contain the
following provision: This lot is entirely (partially) within the
floodplain as defined by Article XVII of Chapter 280, Zoning,
of the Code of Radnor Township, Delaware County, Pennsylva-
nia. as amended."

ARTICLE XVIII
PLU Public Land Use District
[Added 5-22-1989 by Ord. No. 89-21]

5 280-83. Establishment; purpose.


A new zoning classification, hereinafter referred to as the Public
Land Use District (PLU), is established along with standards for use
and development within such district, which shall be designed to
make special provisions for facilities and uses which are noncommer-

28089
$ 280-83 FUDNOR CODE $ 280-85 I
cial, public-senice oriented and which are owned by ..the township,
school district. county, state or federal government, other public
authorities or public agencies or public oriented nonsectarian
I
community groups. Many of these Uses are necessary for the service to
the general public and have unique locational or physical
requirements.
I
Q 280-84. Territory.
I
The land marked as "PU" in the Comprehensive Plan of 1988 and
certain other properties shall be included within the Public Land Use
District created by this Article, and the Township Engineer shall
I
prepare appropriate legal descriptions of such land which shall be
designated in Appendix A of this Article.19 I
0 280-85. Use regulations. I
A building may be erected or used and a lot may be occupied for
any of the following purposes:
A. Municipal, county, state or federal facilities.
I
B. Public schools.
C. Public education facilities.
I
D. Public parks and recreation facilities or nonprofit community
recreation facilities open to the public. I
E. Public transportation facilities.
F. Public utility facilities. I
G. Post office.
H. Public art gallery. I
I. Public parking facilities.
J. Public library.
l9 Editor's Note: Appendix A is on f i e and available for inspection in the office of the
I
Township Secretary.

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