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Dover Township Overview
Dover Township, PA Code of Ordinances
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§ 4-142.   Elevation and Floodproofing Requirements.
   1.   Residential Structures.
      A.   In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
      B.   In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 4-132.C. of this Part.
      C.   In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
      D.   The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the State of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
   2.   Non-residential Structures.
      A.   In AE, A1-30 and AH Zones, 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 below the regulatory flood elevation:
         (1)   Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and,
         (2)   Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      B.   In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 4-132.C. of this Part.
      C.   In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
      D.   Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed 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 floodproofing 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.
      E.   The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the State of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
   3.   Space Below the Lowest Floor.
      A.   Basements are prohibited.
      B.   Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term “fully enclosed space” also includes crawl spaces.
      C.   Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
         (1)   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
         (2)   The bottom of all openings shall be no higher than one foot above grade.
         (3)   Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
   4.   Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Part, must comply with all Part requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific Part requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from Part requirements will be the minimum necessary to preserve the historic character and design of the structure.
   5.   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:
      A.   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.
      B.   Floor area shall not exceed 200 square feet.
      C.   The structure will have a low damage potential.
      D.   The structure will be located on the site so as to cause the least obstruction to the flow of flood waters.
      E.   Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
      F.   Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
      G.   Sanitary facilities are prohibited.
      H.   The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater 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:
         (1)   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
         (2)   The bottom of all openings shall be no higher than one foot above grade.
         (3)   Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
(Ord. 2015-07, 11/23/2015)
§ 4-143.   Design and Construction Standards.
   The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
      A.   Fill.
         (1)   If fill is used, it shall:
            (a)   Extend laterally at least 15 feet beyond the building line from all points;
            (b)   Consist of soil or small rock materials only - sanitary landfills shall not be permitted;
            (c)   Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
             (d)   Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and
            (e)   Be used to the extent to which it does not adversely affect adjacent properties.
      B.   Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water 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.
      C.   Water and Sanitary Sewer Facilities and Systems.
         (1)   All new or replacement water supply 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 flood waters.
         (3)   No part of any on-site waste disposal 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 FEMA #348, “Protecting Building Utilities From Flood Damages” and “The International Private Sewage Disposal Code” 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.
      E.   Streets. The finished elevation of all new streets shall be no more than one 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 § 4-144, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation or floodproofed 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.
      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.
      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” variety.
         (3)   All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a “marine” or “water-resistant” paint or other finishing material.
      K.   Electrical Components
         (1)   Electrical distribution panels shall be at least three feet above the base flood elevation.
         (2)   Separate electrical circuits shall serve lower levels and shall be dropped from above.
      L.   Equipment. 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.
      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.
      N.   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 Part, to the extent that they are more restrictive and supplement the requirements of this Part.
   International Building Code (IBC) 2009 or the latest edition thereof adopted by the State of Pennsylvania:
   Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
   International Residential Building Code (IRC) 2009 or the latest edition thereof adopted by the State of Pennsylvania:
   Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
(Ord. 2015-07, 11/23/2015)
§ 4-144.   Development Which May Endanger Human Life.
   1.   In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
      A.   Will be used for the production or storage of any of the following dangerous materials or substances; or
      B.   Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
      C.   Will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
         Acetone
         Ammonia
         Benzene
         Calcium carbide
         Carbon disulfide
         Celluloid
         Chlorine
         Hydrochloric acid
         Hydrocyanic acid
         Magnesium
         Nitric acid and oxides of nitrogen
         Petroleum products (gasoline, fuel oil, etc.)
         Phosphorus
         Potassium
         Sodium
         Sulphur and sulphur products
         Pesticides (including insecticides, fungicides, and rodenticides)
         Radioactive substances, insofar as such substances are not otherwise regulated.
   2.   Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection 1., above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
   3.   Within any floodway area, any structure of the kind described in Subsection 1., above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 4-144.1., above, shall be elevated to remain completely dry up to at least one and one-half feet above base flood elevation and built in accordance with §§ 4-141, 4-142 and 4-143.
   4.   Where permitted within any identified floodplain area, any new or substantially improved non-residential structure of the kind described in § 4-144 (A) above, shall be built in accordance with §§ 4-141, 4-142 and 4-143 including:
      A.   Elevated, or designed and constructed to remain completely dry up to at least one and one-half feet above base flood elevation, and
      B.   Designed to prevent pollution from the structure or activity during the course of a base 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 “Flood-Proofing Regulations” (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(Ord. 2015-07, 11/23/2015)
§ 4-145.   Special Requirements for Subdivisions and Development.
   All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
(Ord. 2015-07, 11/23/2015)
§ 4-146.   Special Requirements for Manufactured Homes.
   1.   Within any floodway area/district, manufactured homes shall be prohibited.
   2.   Within any identified floodplain area manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
   3.   Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
      A.   Placed on a permanent foundation;
      B.   Elevated so that the lowest floor of the manufactured home is at least one and one-half feet above base flood elevation; and
      C.   Anchored to resist flotation, collapse, or lateral movement; and
      D.   Have all ductwork and utilities including HVAC/heat pump elevated to the regulatory flood elevation.
      E.   Provide adequate surface drainage.
      F.   Provide adequate access for a hauler.
   4.   Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground.
   5.   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 2009 “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 and 34 PA Code Chapter 401-405 shall apply.
   6.   Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the latest edition thereto adopted by the State of Pennsylvania, and 34 PA Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
   7.   An evacuation plan indicating alternate vehicular access and escape routes shall be filed with Dover Township for manufactured home parks and manufactured home subdivisions where appropriate.
(Ord. 2015-07, 11/23/2015)
§ 4-147.   Special Requirements for Recreational Vehicles.
   Recreational vehicles in Zones A, A1-30, AH and AE must either:
      A.   Be on the site for fewer than 180 consecutive days, and
      B.   Be fully licensed and ready for highway use, or
      C.   Meet the permit requirements for manufactured homes in Section § 4-146.
(Ord. 2015-07, 11/23/2015)
E. Activities Requiring Special Permits
§ 4-151.   General.
   In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Township of Dover:
      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
         (2)   Nursing homes
         (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 an existing manufactured home park or manufactured home subdivision.
(Ord. 2015-07, 11/23/2015)
§ 4-152.   Application Requirements for Special Permits.
   Applicants for special permits shall provide five copies of the following items:
      A.   A written request including a completed 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 one inch being equal to 100 feet or less, showing the following:
         (1)   North arrow, scale and date;
         (2)   Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two 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 access ways, 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 and man-made features affecting, or affected by, the proposed activity or development;
         (6)   The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water including direction and velocities;
         (7)   The location of all proposed buildings, structures, utilities, and any other improvements; and
         (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 base 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; and
         (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 base 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 base 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 base flood elevation 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 base flood elevation and the effects such materials and debris may have on base flood elevation and flows;
         (6)   The appropriate component of the Department of Environmental Protection's “Planning Module for Land Development”;
         (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;
         (8)   Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and
         (9)   An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
(Ord. 2015-07, 11/23/2015)
§ 4-153.   Application Review Procedures.
   Upon receipt of an application for a special permit by the Township of Dover the following procedures shall apply in addition to those of Section C:
      A.   Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township of Dover Planning Commission and Township of Dover engineer for review and comment.
      B.   If an application is received that is incomplete, the Township of Dover shall notify the applicant in writing, stating in what respect the application is deficient.
      C.   If the Township of Dover decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
      D.   If the Township of Dover approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
      E.   Before issuing the special permit, the Township of Dover shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township of Dover.
      F.   If the Township of Dover does not receive any communication from the Department of Community and Economic Development during the 30-day review period, it may issue a special permit to the applicant.
      G.   If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Township of Dover and the applicant, in writing, of the reasons for the disapproval, and the Township of Dover shall not issue the special permit.
(Ord. 2015-07, 11/23/2015)
§ 4-154.   Special Technical Requirements.
   1.   In addition to the requirements of Section E of this Part, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Section E of this Part or in any other code, Part, or regulation, the more restrictive provision shall apply.
   2.   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:
      A.   Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
         (1)   The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.
         (2)   The lowest floor (including basement) will be elevated to at least one and one-half feet above base flood elevation.
         (3)   The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.
      B.   Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
   3.   All 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 of Dover and the Department of Community and Economic Development.
(Ord. 2015-07, 11/23/2015)
F. Existing Structures in Identified Floodplain Areas
§ 4-171.   Existing Structures.
   The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 4-172 shall apply.
(Ord. 2015-07, 11/23/2015)
§ 4-172.   Improvements.
   The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
      A.   No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
      B.   Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Part.
      C.   The above activity shall also address the requirements of the 34 PA Code, as amended and the 2009 IBC and the 2009 IRC or most recent revision thereof adopted by the State of Pennsylvania.
      D.   Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
      E.    Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of “repetitive loss” shall be undertaken only in full compliance with the provisions of this Part.
(Ord. 2015-07, 11/23/2015)
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