Ordinance No. 111

AN ORDINANCE AMENDING THE ZONING ORDINANCE

OF KENNETT TOWNSHIP ORDINANCE NO. 50 FOR

COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) REGULATIONS

            The Board of Supervisors of Kennett Township hereby enacts and ordains that the Zoning Ordinance of Kennett Township, Ordinance No. 50, adopted November 1, 1988, as amended, be amended further as follows:

Section 1:  Amend ARTICLE II, Section 201 Definition of Terms to add the following:

Basement - Any area of the building having its floor below ground level on all sides.

Lowest Floor - To be used only if Partially Enclosed Space Below the Lowest Floor will be permitted. 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 structure is in violation of the applicable non-elevation design requirements of this ordinance.

New Construction - Structures for which the start of construction commenced on or after November 5, 1973, and includes any subsequent improvements thereto.

Recreational Vehicle - A vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently able to be towed by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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.

Section 2:  Amend ARTICLE II, Section 201 Definition of Terms to delete the existing definition and replace with the following:

Development - Any man-made 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 which constitute substantial improvements as defined herein; the
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placement of mobile/manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations, storage of equipment or materials; and the subdivision of land.

Historic Structure - Any structure that is:

(i)      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 on the National Register;

(ii)      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;

(iii)     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

(iv)     Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either;

(1)     By an approved state program as determined by the Secretary of the Interior or

(2)     Directly by the Secretary of the Interior in states without approved programs.        

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."

Section 3:  Amend ARTICLE XI, Section 1102 Establishment of Flood Hazard Districts A.1 in part to read:  " . . . Administration (FIA), dated November 20, 1996, or the most recent revision thereof." and A.1.c. to add the following paragraph after vi.:  In lieu of the above, the
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municipality 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.

Section 4:  Amend ARTICLE XI, Section 1106 Variances within Flood Hazard Districts B.8.a. to add the following:  iv.  "For all new construction and substantial improvements, those fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  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 total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2)     The bottom of all openings shall be no higher than one foot above grade.

(3)     Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit that automatic entry and exit of floodwaters."

          ADOPTED this 18th day of November, 1996.

                                                                   KENNETT TOWNSHIP

                                                                   BOARD OF SUPERVISORS

Attest:

                                                                   ______________________

______________________                       Charles G. Shoemaker

Secretary-Treasurer

                                                                   ______________________

                                                                   James C. Henderson

                                                                   ______________________

                                                                   Michael E. Elling